HomeMy WebLinkAboutMinutes City Council - 06/19/2007I HEREBY CERTIFY that the foregoing is a true and correct copy of the minutes of the Regular
Meeting f the Corpus Christi City Council of June 19, 2007, which were approved y the City
Council on June 26, 2007.
WITNESSETH MY HAND AND SEAL, on this the 26th day of June, 2007.
Armando Chapa
City Secretary
SEAL
MINUTES
CITY OF CORPUS CHRISTI, TEXAS
Regular Council Meeting
June 19, 2007 - 10:00 a.m.
PRESENT
T
Mayor Henry Garrett
Mayor Pro Tem Nelda Martinez
Council Members:
Melody Cooper
Larry Elizondo, Sr.
Mike Hummel)
Bill Kelly
Priscilla Leal
Michael McCutchon
John Marez
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 Council Member John Marez and the Pledge of Allegiance
to the United States flag was led by Council Member Priscilla Leal.
Mayor Garrett called for approval of the minutes of the regular Council meeting of June 12,
2007. A motion was made 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
Mayor Henry Garrett (Reappointed)
Council Member Bill Kelly (Reappointed)
Council Member Michael McCutchon (Appointed)
Council Member Larry Elizondo, Sr. (Appointed)
George K. Noe, City Manager (Reappointed)
Ed Garay a, Water Superintendent (Reappointed)
Oscar Martinez, Assistant City Manager (Reappointed)
Ron Massey, Assistant City Manager (Reappointed)
Armando Chapa, City Secretary r (Alternate; Reappointed)
Yvonne Haag, Director of Neighborhood Services (Alternate; Reappointed)
Richard Hooks, Fire Chief (Alternate; Reappointed)
Angel Escobar, Director of Engineering (Alternate; Reappointed)
Ogilvie Gericke, Director of MIS (Alternate; Reappointed)
Corpus Christi Convention and Visitors Bureau Board
Frank "Rocco" Montesano (Appointed)
Food Service Advisory Committee
Beverly Rogers (Reappointed)
Gabriel G. Hernandez (Appointed)
Small Business Advisory Committee
Gary Basinger (Appointed)
Minutes — Regular Council Meeting
June 19, 2007 — Page 2
Mayor Garrett called for consideration of the consent agenda (Items 3 -12). There were no
comments from the public. Council members requested that Items 5, 8 and 11 be pulled for
individual consideration. City Secretary Chapa polled the Council for their votes as follows:
3. RESOLUTION NO. 027315
Resolution authorizing the City Manager or his designee to accept a gift of one (1) Water
Quality Analyzer estimated to value $3,Q40 from the Nueces River Authority.
The foregoing resolution was passed and approved with the following vote: Garrett, Cooper,
Elizondo, Hummell, Kelly, Leal, McCutchon, I larr , and Martinez, , voting "Aye„
4. MOTION N N . 2007--148
Motion approving the lease purchase of one (1) articulating wheel loader and purchase of
two (2) track excavators from the following companies for the fallowing amounts based on
low bid and only bid in accordance with Bid Invitation No. BI -0162-07 for a total amount of
$200,804. The construction equipment will be purchased for the Wastewater and Water
Departments. Funding for the lease purchase of the articulating wheel loader will be
provided through the City's lease/purchase financing program. Funding for the purchase of
the excavators is available in the Capital Outlay Budget of the Maintenance Services Fund.
All three units are replacements to the fleet.
Scott Macon Equipment
Corpus Christi TX
Item No. 1
$129,584
Grand Total: $200,804
Doggett Heavy Machinery
Corpus Christi TX
Item Nos. 2 & 3
$71,220
The foregoing motion was passed and approved with the following vote: Garrett, Cooper,
Elizondo, Hummel', Kelly, Leal, McCutchon, fare , and Martinez, voting "Aye".
6. ORDINANCE NO. 027306
Ordinance appropriating $10,000 from Corpus Christi Crime Stoppers, Inc. in the General
Fund No. 1020-11700; amending the FY2006-2007 Operating Budget adopted by Ordinance
No. 026908 by increasing revenues and appropriations by $10,000.
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Garrett, Cooper, Elizondo, Hummel', Kelly, Leal, McCutchon, Mar , and
Martinez, voting 'Aye"
7. MOTION NO. 2007-149
Motion authorizing the City Manager or his designee to authorize payment of Invoice No.
873110 for twelve months software maintenance with Sungard HTE, Inc., of Lake Mary,
Florida in an amount not to exceed $123,499. Included in the maintenance agreement are
the HTE modules for Utilities Business Office, Central Cashiering, Accounts Receivable,
Collections, Development Services, Neighborhood Services, and Click 2 Government.
Minutes — Regular Council Meeting
June 19, 2007 — Page 3
The foregoing motion was passed and approved with the following vote: Garrett, Cooper,
Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye".
9.a. MOTION NO. 2007-151
Motion authorizing the City Manager or his designee to execute Amendment No. 1 to a
Professional Engineering Contract with HDR -Shiner Moseley and Associates, of Corpus
Christi, Texas in the amount of $60,502 for a restated total fee not to exceed $465,632 for
the Corpus Christi Marina Development Project Phase III (Floating Docks E, F, G and H) for
additional design, inspection and project coordination for electrical, wastewater, water,
landscaping, asphalt repairs, fencing and signage.
The foregoing motion was passed and approved with the following vote: Garrett, Cooper,
Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye".
9.b. MOTION N . 2007-152
Motion authorizing the City Manager or his designee to execute Construction Change Order
No. 9 with the CCC Group, Inc., of San Antonio, Texas in the amount of $47,921 for
additional signage on fencing and Marina Boaters Facility, removal of original firewater
outlets from docks and replacement with new outlets, install access boxes to permit Fire
Department access for the fire system, and replacement of 160 backflow prevention devices
on docks and four (4) landside backflow prevention devices with enclosures and piping.
The foregoing motion was passed and approved with the following vote: Garrett, Cooper,
Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye".
10. MOTION NO. 2007-153
Motion authorizing the City Manager or his designee to execute Change Order No. 5 with
Longhorn Excavators, Inc., of Richmond, Texas in the amount of $33,522 for the J. C. Elliott
Landfill Solid Waste Citizen Collection Center and Transfer Station for removal of concrete
rubble and placement of compacted select fill.
The foregoing motion was passed and approved with the following vote: Garrett, Cooper,
Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye".
12. MOTION NO.2007-155
Motion authorizing the City Manager to execute the First Amendment to the Infrastructure
Development Agreement with C.C.T. Navigation -Cameron, LP, (Developer), substituting a
deposit in the amount of $302,847.34 fora letter of credit and the construction of Bates Drive
improvements for Navigation Pointe, Block 1, Lot 1, located south of Bates Drive and west of
Navigation Boulevard.
The foregoing motion was passed and approved with the following vote: Garrett, Cooper,
Elizondo, Hummel!, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye".
Mayor Garrett opened discussion on Item 5 regarding a grant for an Expanded Automated
Fingerprint Identification System (AFIS) with Mobile Fingerprint Matching Capacity project. Council
Member Hummel! asked questions regarding the use of the AFIS system and the determination of
which vehicles would receive a system. Police Chief provided an explanation of the system and said
the system would be installed in the newer units.
Minutes — Regular Council Meeting
June 19, 2007 — Page 4
City Secretary Chapa polled the Council for their votes as follows:
5. RESOLUTION NO. 027305
Resolution authorizing the City Manager or his designee to submit a grant application in the
amount of $500,000 to the United States Department of Justice, Bureau of Justice
Assistance for funding eligible under the FY 2007 Edward Byrne Memorial Discretionary
Assistance Grants Program for an Expanded AFIS with Mobile Fingerprint Matching
Capacity project with a City match of $20,000 for a total grant application of $520,090, and
authorizing the City Manager or his designee to apply for, accept, reject, alter or terminate
the grant.
The foregoing resolution was passed and approved with the following vote: Garrett, Cooper,
Elizondo, Hummel!, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye".
Mayor Garrett opened discussion on Item 8 regarding Up River Road Improvements from
Rand Morgan to McKinzie Road. Council Member Martinez asked if additional extensive tests were
necessary to determine more unanticipated concrete beams or pavement. Director of Engineering
Angel Escobar responded that staff did not anticipate discovering additional underground concrete
beams or pavement. City Secretary Chapa polled the Council for their votes as follows:
8. MOTION N. 2007-150
Motion authorizing the City Manager or his designee to execute Change Order No. 1 to the
construction contract with Berry Contracting, LP d.b.a. Bay, Ltd., of Corpus Christi, Texas in
the amount of $62,935.76 for a total restated fee of $7,456,381.76 for the Up River Road
Improvements from Rand Morgan Road to McKinzie Road. (BOND ISSUE 2004)
The foregoing motion was passed and approved with the following vote: Garrett, Cooper,
Elizondo, Hummel!, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye".
Mayor Garrett opened discussion on Item 11 regarding a Distribution Main Extension
Construction and Reimbursement Agreement Submitted by J JAF Development, LLP, Council
Member Hummell asked for the purchase price of a fire hydrant assembly. Acting Assistant Director
of Development Services Johnny Perales responded that the average price of a fire hydrant
assembly is $1,200 to $1,400. City Secretary Chapa polled the Council for their votes as follows:
11,a. MOTION N. 2007-154
Motion approving the Distribution Main Extension Construction and Reimbursement
Agreement submitted by JAR Development, LLP, owner and developer of Legends of
Diamante Unit 2 located east of Rodd Field Road and north of Slough Road for the
installation of 399 -linear feet of 8 -inch PVC water distribution main.
The foregoing motion was passed and approved with the following vote: Garrett, Cooper,
Elizondo, Hummel!, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye".
11.b. ORDINANCE NO. 027307
Ordinance appropriating $4,223.80 from the Water Distribution Main Trust Fund No, 540450-
21806-4030 to pay the developer reimbursement request for installation of 399 -linear feet of
8 -inch PVC water distribution main to develop Legends of Diamante Unit 2.
Minutes -- Regular Council Meeting
June 19, 2007 — Page 5
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and
Martinez, voting "Aye".
Mayor Garrett opened discussion on Item 13 regarding the approval of the FY2007-2008
Corpus Christi Crime Control and Prevention District budget. Police Chief Bryan Smith presented
this item. Abel Alonzo, 1701 Thames, thanked the Council for their appointments to the Crime
Control and Prevention District and said the main goals of the district include the officers and the
Juvenile Detention Center. City Secretary Chapa polled the Council for their votes as follows:
13. RESOLUTION NO. 027308
Resolution approving the FY 2007-2008 budget for the Corpus Christi Crime Control and
Prevention District.
The foregoing resolution was passed and approved with the following vote: Garrett, Cooper,
Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye".
Mayor Garrett opened discussion on Item 14 regarding an amendment to an affordable
housing program agreement. Director of Neighborhood Services Yvonne Haag explained that the
amendments proposed by the Corpus Christi Business and Job Development Corporation include
extending the term of the agreement until May 19, 2008 and changing the condition of the
agreement for homebuyer assistance from a "non -forgivable" second lien to a "forgivable" second
lien. Ms. Haag stated that Mr. Farrar, dba Miramar Homes, is requesting the amendments because
he has had difficulty selling homes with a non -forgivable second lien. She added that this
amendment would allow more flexibility for the homebuyer to customize their specific needs.
Council members asked questions regarding the purchase price of the homes; location of
homes; reasons for the difficulties in selling the homes; the criteria for affordable housing; special
accommodation requirements for ADA accessibility; federal regulations and approval; the
application process; process for approval of a second lien program; the amount of money allocated
for affordable housing; who is responsible for keeping track of participants in the program; income
qualifications; if funds remain in the affordable housing program if monies are not spent; the benefits
for affordable housing; and how lenders are selected and monitored.
Council Member Leal requested a copy of the Community Development Corporation
guidelines for income qualifications and an approved list of lenders for affordable housing.
Abel Alonzo, 1701 Thames, spoke in support of the 4A board and other affordable housing
programs considering more funding for specific needs requirements. He also asked questions
regarding how much of the affordable housing money has not been spent. City Secretary Chapa
polled the Council for their votes as follows:
14. RESOLUTION NO. 02730
Resolution authorizing the city Manager or his designee to execute the Second Amendment
to the contract between the Corpus Christi Business and Job Development Corporation (4A
Board) and Randy Farrar, d.b.a. Miramar Homes, for an Affordable Housing Program
Agreement, to extend the term of the program agreement and amend the services to provide
that the loan of funds may be forgiven.
Minutes — Regular Council Meeting
June 19, 2007 — Page
The foregoing resolution was passed and approved with the following vote: Garrett, Cooper,
Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye".
Mayor Garrett opened discussion on Item 15 regarding the Corpus Christi International
Airport. Acting Director of Aviation Ron Massey presented this item. There were no comments from
the audience. City Secretary Chapa polled the Council for their votes as follows:
15.a. RESOLUTION NO. 027310
Resolution authorizing the City Manager or his designee to execute Amendment No. 3 to
Federal Aviation Administration Grant No. 3-48-0051-037-2005 to extend the scope of the
grant to include Runway 13/31 Rehabilitation - Phase II, Runway 17/35 shoulders and Blast
Pads, Airport Drainage Improvements - Phase IV, Terminal Apron, and West GA Apron at
Corpus Christi International Airport.
The foregoing resolution was passed and approved with the following vote: Garrett, Cooper,
Elizondo, Hummell, Kelly, Leal, McCutchon, and Martinez, voting "Aye"; Marez was absent.
15.b. RESOLUTION_NO. 027311
Resolution authorizing the City Manager or his designee to accept Federal Aviation
Administration Grant Number 3-43-0051-039-2007 in an amount not to exceed $8,447,719
to Rehabilitate West GA Apron, Phase 11, Rehabilitate Taxiway Systems, Phase!, Improve
Airport Drainage Area VI, Phase 1 and Rehabilitate Taxiway Lighting Systems, Phase 1 at
Corpus Christi International Airport.
The foregoing resolution was passed and approved with the following vote: Garrett, Cooper,
Elizondo, Hummel!, Kelly, Leal, McCutchon, and Martinez, voting "Aye"; Marez was absent.
15.c. ORDINANCE N. 027312
Ordinance appropriating $3,914,214 from the Federal Aviation Administration Grant No. 3-
48-0051-039-2007 in the No. 3020 Airport Capital Improvement Fund to Rehabilitate West
GA Apron, Phase 11, Rehabilitate Taxiway Systems, Phase I, Improve Airport Drainage, Area
VI, Phase 1, and Rehabilitate Taxiway Lighting Systems, Phase 1 at Corpus Christi
International Airport; changing F2-2007 Capital Budget adopted by Ordinance No.
026997 to increase appropriations by $3,914,214.
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, and
Martinez, voting "Aye"; Marez was absent.
15.d. ORDINANCE NO. 027313
Ordinance appropriating and transferring $392,073 from Airport Capital Reserve Fund 4611
to and appropriating in 3020A Airport Capital Reserve Fund as 5% grant match to
Rehabilitate West GA Apron, Phase 11, Rehabilitate Taxiway Systems, Phase 1, Improve
Airport Drainage Area VI, Phase 1, and Rehabilitate Taxiway Lighting Systems, Phase 1 at
Corpus Christi International Airport; changing the F 200 -2007 Operating Budget adopted
by Ordinance No. 026908 to increase appropriations by $392,073 and changing the 2007
Capital Budget adopted by Ordinance No. 026997 to increase appropriations by $392,073.
Minutes — Regular Council Meeting
June 19, 2007 — Page 7
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, and
Martinez, voting "Aye"; Marez was absent.
15.e. MOTION NO. 2007-1
Motion authorizing the City Manager or his designee to execute a construction contract with
Bay Limited, of Corpus Christi, Texas in an amount not to exceed $7,441,{437.75 for the
Corpus Christi international Airport West General Aviation (GA) Apron Rehabilitation and
Drainage Phase V Improvements.
The foregoing motion was passed and approved with the following vote: Garrett, Cooper,
Elizondo, Hummell, Kelly, Leal, McCutchon, and Martinez, voting "Aye"; Ilarezwas absent.
15.f. MOTION r . 2007-157
Motion authorizing the City Manager or his designee to execute an Engineering Materials
Inspection, Testing, and Laboratory Services Contract with Professional Service Industries,
Inc. (PSI), of Corpus Christi, Texas in an amount not to exceed $74,639 for the Corpus
Christi International Airport West General Aviation (GA) Apron Rehabilitation and Drainage
Phase V Improvements.
The foregoing motion was passed and approved with the following vote: Garrett, Cooper,
Elizondo, Hummell, Kelly, Leal, McCutchon, and Martinez, voting "Aye"; Marez was absent.
* * * * * * * * * * * * *
Mayor Garrett referred to Item 16, an overview of the Proposed FY2007-2008 Budgets
for Special Revenue, Internal Service, and Debt Service Funds.
Assistant City Manager Oscar Martinez referred to a powerpoint presentation including the
internal service funds summary and fund balances; internal service funds full time equivalents; and
major revenues and expenditures by fund for Stores, Maintenance Services, Municipal Information
Systems, Engineering Services, and Liability & Employee Benefits Group Health Benefits.
Council members asked questions regarding expenditures exceeding revenues; percentage
of allocation for reimbursement of funds; projected sources of revenue; capital improvement
projects; the proposed Bond 2008 project; incurred expenses by user departments; engineering
services revenues; excess fund balances; management and location of vehicles; review of the
financial policy; total number of vehicles in the City; rental properties; changing the structure of the
insurance for cost savings; a City owned/leased clinic; and considering a health savings account
model for group insurance. A brief discussion ensued regarding simplifying the budget documents.
Mayor Garrett called for a brief recess to present certificates.
* * * * * * * * * * * * *
Mayor Garrett called for petitions from the audience. Bill Davis, owner of Absolute Waste,
spoke regarding not being on the agenda for approval of a put and pay contract. Council Members
asked questions regarding the agenda process. Joe Holt, 35 Lakeshore, asked the Council to
consider allocating an additional $10,000 to the Art Center.
Minutes — Regular Council Meeting
June 19, 2007 — Page 8
Jack Gordy, 4118 Bray, spoke regarding utility rate increases and placing the dues check -off
for city employees on the agenda. John Torrey, 7253 Yaupon Drive, spoke on behalf of Haas
Materials regarding communications with City staff on the testing and specifications of crushed
concrete.
Bill Kopecky, ky, 3609 Topeka, spoke regarding a Mayor/Council form of government, dues
check -off and the Texas Municipal League. Harry Boerm, 3825 Dunstain, spoke regarding dump
trucks damaging Dunstain Street to repair Lott Street. J.E. O'Brien, 4130 Pompano, spoke
regarding decreasing the tax rate. Michael Womack, 1717 Amazon; Deanna Payne* 6609 Pharaoh
Drive; and Cathy Skurow, Vice President of the Botanical Gardens, asked the Council to consider
funding the Botanical Gardens and Nature Center with hotel occupancy tax funds. Susie Luna
Saldana, 4710 Hake!, spoke in support of City growth and the Crosstown Commons Project. Abel
Alonzo, 1701 Thames, spoke in support of the Crosstown Commons Project.
Mayor Garrett announced the executive sessions, which were listed on the agenda as
follows:
19. Executive session under Texas Government Code Section 551.087 for deliberations
regarding economic development negotiations, with possible discussion and action related
thereto in open session.
20. Executive Session under Texas Government Code Section 551.074, Personnel Matters,
for deliberations regarding the appointment, employment, evaluation, reassignment,
duties, discipline, or dismissal of Municipal Court Judges 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 motions were passed with the following vote:
20.a. MOTION NO. 2007-1 8
Motion appointing the following Judges at the salary level of current judges (full time and
part time) for their respective positions:
a. Rodolfo Tamez as Judge of the Municipal Court of Corpus Christi, Texas, and
Judge of Division B;
b. Deanie King as Judge of the Municipal Court of Corpus Christi, Texas, and Judge
of Division D;
c. Margie Flores as Judge of the Municipal Court of Corpus Christi, Texas, and
Judge of Division B;
d. Mary Medary as Judge of the Municipal Court of Corpus Christi, Texas, and
Judge of Division C;
e. Mike Alaniz as Judge of the Municipal Court of Corpus Christi, Texas, and Judge
of Division D;
f. Melissa Madrigal as Part-time Judge of the Municipal Court of Corpus Christi,
Texas, and Judge of Division E;
Minutes — Regular Council Meeting
June 19, 2007 — Page 9
g.
Hector DePena as Part-time Judge of the Municipal Court of Corpus Christi,
Texas, and Judge of Division E;
h. Jerry Batek, as Part-time Judge of the Municipal Court of Corpus Christi, Texas,
and Judge of Division E;
The foregoing motion was passed and approved with the following vote: Garrett, Cooper,
Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye".
Mb. MOTION .2007-159
Motion to not reappoint Michael Sullivan, as Part-time Judge of the Municipal Court of
Corpus Christi, Texas and Judge of Division E.
The foregoing motion was passed and approved with the following vote: Garrett, Cooper,
Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye".
* * * * * * * * * * * * *
Mayor Garrett returned to Item 16, an overview of the Proposed F oo -2008 Budgets for
Special Revenue, Internal Service, and Debt service Funds. Assistant City Manager Martinez
referred to the powerpoint presentation including revenues and expenditures for Liability and
Employee Benefits Workers' Compensation Benefits and Administration; special revenue funds full
time equivalents, major revenues and expenditures by fund; and debt service obligations, major
revenues and expenditures; and the upcoming budget calendar.
Council Members asked questions regarding the utility bonds; funding for the Botanical
Gardens with hotel occupancy tax; debt service obligations; and the status of transferring the
crossing guards to Corpus Christi Independent School District
Mayor Garrett referred to Item 17, and a motion was made, seconded and passed to open
the public hearing on the following zoning case:
Case No. 0507-03 Scott Electric Com•an Inc.: A change of zoning from an "1-2" Light
Industrial District to an "1-3" Heavy industrial District on property described as Shoreline
Park, Block 8, Lot 3, located on John Street, approximately 145 feet west of North Port
Avenue.
City Secretary Chapa stated that the Planning Commission and staff recommended denial of
an "1-3" Heavy Industrial District, and in lieu thereof, approval of a Special Permit, for one (1) 3,000
gallon above ground fuel tank for the storage of unleaded gasoline, subject to a site plan, and
approval by the Fire Marshal and Zoning Board of Adjustment.
Faryce Goode -Macon, Interim Assistant Director of Development Services, explained that
the applicant is requesting the zoning change to relocate a 3,000 -gallon fuel tank. Ms. Goode -
Macon referred to a powerpoint presentation including an existing land use map; a 2003 aerial view;
photographs of the subject property; an ownership map of Scott Electric property; and Planning
Commission and staffs recommendation.
Minutes — Regular Council Meeting
June 19, 2007 — Page 10
Errol Summerlin, Texas Rio Grande Aid and on behalf of the residents of the Hillcrest
Neighborhood Association and Lee Spears, 4913 Goldeneye, spoke in opposition of the zoning
change.
Council Members asked questions regarding the safety, testing, inspections and history of
the fuel tank; the recommendation of the "1-2" with a Special Permit instead of the "1-3"; the
individuals appearing in opposition; if the non -conforming tank was still legal if the tank was
temporarily moved from the original location; the number of notices sent and identity of the owners;
the negotiation to purchase Lot 10 on Dempsey Street by Scott Electric; and the placement of the
empty fuel tank on the property prior to Council approval.
Mr. Kelly made a motion to close the public hearing, seconded by Mr. Elizondo, and passed.
Council Member Kelly made a motion to delay the vote on Item 17 to June 26, 2007 to allow the
property owners and Scott Electric to work out their differences. The motion failed for lack of a
second. Mr. Chapa polled the Council for their votes as follows:
17. ORDINANCE NO. 027314
Amending the Zoning Ordinance, upon application by Scott Electric Company, Inc., by
changing the zoning map in reference to a portion of Shoreline Park, Block 8, Lot 3,
(currently zoned "1-2" Light Industrial District) by granting a Special Permit for one (1) 3,000
gallon above ground fuel storage tank per the metes and bounds description; amending the
Comprehensive Plan to account for any deviations from the existing Comprehensive Plan;
providing a repealer clause; providing a penalty; providing for publication.
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Garrett, Elizondo, Hummel!, Marez, and Martinez, voting "Aye"; Kelly,
Leal and McCutchon, voting "Na'; Cooper was absent.
18. WITHDRAWN
11, Flour Bluff and Encina
* * * * * * * * * * * * *
Mayor Garrett called for the City Manager's report. City Manager Noe announced a news
conference on Wednesday, June 20th at 1:30 p.m. at Cole Park to unveil the new graffiti truck. City
Manager Noe announced a public meeting on the 2006 Annual Drinking Water Quality Report on
Thursday, June 21st at 6:00 p.m at the Water Utilities Conference Room.
Mayor Garrett asked staff to provide a report on the status of the replacement of the Airport
and Development Services Directors. Mayor Garrett also spoke regarding the City's customer
service.
Mayor Garrett called for Council concerns and reports. Council Member Marez asked for a
presentation on the noise ordinance including state statutes.
Minutes -- Regular Council Meeting
June 19, 200 -- Page 11
Council Member Leal asked for updates on issues from the city council action requests
including staffing for the Animal Care division, sidewalk improvements in the downtown area, and
the City of El Paso's cost for natural gas. Ms. Leal thanked Director of Storm Water Operations
Valerie Gray and staff for their assistance in the Crestmont area; Director of Water Operations Ed
Garana for assistance in the Molina area; and the Code Enforcement Department for mowing
several homes with high weeds.
Council Member Hummell reported a pothole located on Carancahua Street between the
Wilson Plaza and 1st City Tower.
Council Member McCutchon reported potholes in the South Shores Subdivision on Cape
Cod and Cape Aron. Council Member McCutchon also spoke regarding a proposal by citizens to do
a project on a concrete circle on Whitecap Boulevard; the approval process on ordinances; and a
waiver of a sprinkler system for a Flour Bluff nursing home.
Council Member Martinez reported on an e-mail from Paige Dinn thanking the Police
Department, Tony Reyes and volunteers for their efforts with a summer program for children. Ms.
Martinez also spoke regarding the noise ordinance.
There being no further business to come before the Council, Mayor Garrett adjourned the
Council meeting at 4:24 p.m. on June 12, 2007.