Loading...
HomeMy WebLinkAboutMinutes City Council - 09/12/2006I HEREBY CERTIFY that the toregoinw is a true and correct copy ofthe minutes ofthe Regular Meeting of the Corpus Christi ('its Council of September 12, 2006, which were approved by the City Council on Septembe r 19., 2006. ESSETH M y= HA\I) AM) SEAL, on this the 19th day of September, 2006. Armando Chapa City Secretary SEAL PRESENT Mayor Henry Garrett Mayor Pro Tem Jesse Noyola Council Members, Brent Chesney Melody Cooper Jerry Garcia Bill Kelly Rex Kinnison John Marez Mark Scott MINUTES CITE' OF CORPUS CHRISTI, TEXAS Regular Council Meeting September 12, 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 Michael Mantz of the Corpus Christi Cathedral 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 meeting of August 29, 2006. A motion was made and passed to approve the minutes as presented. Mayor Garrett opened discussion on Item 29 regarding the City Manager's appointment of Fire Chief City Manager Noe announced that after a long and rigorous recruitment process, he was recommending Richard L Hooks as the city's next Fire Chief. He noted that Mr. Hooks had served as the city's Interim Fire Chief since the departure of former Fire Chief J.J. Adame, and had previously served as Deputy Fire Chief since 1992. Councilmember Kinnison made a motion to confirm Richard L. Hooks as Fire Chief, seconded by Mr Scott, and passed. 29. MOTION NO. 2006-300 Motion confirming the City Manager's appointment of Richard L. Hooks as Fire Chief. The foregoing motion was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison Marez, Noyola, and Scott. voting "Aye". Mayor Garrett conducted a swearing-in ceremony for Chief Hooks. (*Councilmember Cooper arrived at 10:09 a.m. She requested that her vote on Item 29 be recorded as "Aye" the Council concurred.) Fire Chief Hooks thanked the Council for their support, and briefly discussed his goals for the Corpus Christi Fire department The Council congratulated Chief Hooks on his appointment. Minutes - Regular Council Meeting September 12, 2006 - Page 2 Mayor Garrett refe-red to Item 2 and the following board appointments were made: Commission on Children and Youth Rita Morales (Appointed) Nueces County Community Action Agency Councilmember Bill Kelly (Reappointed) Councilmember John Marez (Reappointed) Councilmember Jesse Ncyola (Reappointed) Oil and Gas Advisory Committee Glen Cooper (Reappointed) John Cantu (Appointed) Lois Huff (Appointed) Hortencia Sanchez (Appointed) Sister City Committee John Rocha (Reappointed) Dr. Ridge Hammonds (Reappointed) Flicka Rahn (Reappointed) Elizabeth Iglesias (Reappointed) Sharon L. Phillips (Reappointed) Drue Combs (Appointed) John J. Nelson Jr. (Appointed) Van P. Villa (Appointed) Sukhbir Singh (Appointed) Almira Flores (Appointed) Mayor Garrett called for consideration of the consent agenda (Items 3 - 25). City Secretary Chapa announced that Councilmember Noyola was abstaining from the vote and discussion on Items 3, 8.d., 8.x. 20, and 25; and Councilmember Marez was abstaining from the vote and discussion on Items 7 a.. '.b., 81 and 8 n. Mr. Noyola read the following disclosure statement: "I publicly disclose that I serve as a member of the Casa Manana board, which has an association with Glen Oak Apartments. I further disclose that my brother-in-law is a member of the Del Mar College Board. My brother-in-law and I will obtain no financial interest or benefit from a CDBG or HOME activity. My brother-in-law and I will have no financial interest in any contract with respect to a CDBG or HOME activity or its proceeds. I will abstain from participation in all deliberation and voting of funding related to Glen Oak Apartments and Del Mar ;ollege.' Mr. Marez read the following disclosure statement: "I publicly disclose that through my profession I regularly deal with the Nueces County Children's Advocacy Center and the ARK Assessment Center and the Emergency Shelter for Youth. I will obtain no financial interest or benefit from a CDBG, ESG, or HOME activity. I will have no financial interest in any contract with respect to a CDBG, ESG or HOME activity or its proceeds. I will abstain from participation in all deliberation and voting of funding related to Nueces County Children's Advocacy Center and the ARK Assessment Center and the Emergency Shelter for Youth." Ms. Therese Perez requested that Item 7.e. be pulled for individual consideration. Council members requested that items 7 and 11 be pulled for individual consideration. City Secretary Chapa requested that Item 13 be pulled for individual consideration. A motion was made and passed to approve Items 3 through 25, constituting the consent agenda, except for Items 7, 11, and 13, which were pulled for individual consideration City Secretary Chapa polled the Council for their votes as follows Minutes - Regular Council Meeting September 12, 2006 - Page 3 3. MOTION NO. 2006-278 Motion approving the purchase of a runway sweeper from Industrial Disposal Supply, San Antonio, Texas in accordance with Bid Invitation No. BI -0195-06, based on low bid meeting specifications fora total amount of $149,481. The runway sweeper will be purchased for the Aviation Department. Funds are available through the Airport CIP Fund, the Airport Capital Reserve Fund and the Airport Operations Budget. This unit is a replacement. The foregoing motion was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison. Marez, and Scott, voting "Aye"; Noyola abstained. 4. MOTION NO. 2006-279 Motion approving the purchase of a motor drive assembly from Walker Process Equipment, of Aurora, Illinois for the total amount of $26,215. This drive assembly is a component of a clarifier unit located at the Oso Wastewater Treatment Plant. Funds are available through the FY 2006-2007 Wastewater Operations Budget. The foregoing motion was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison Marez, Noyola, and Scott, voting "Aye". 5.a. RESOLUTION NO. 026968 Resolution authorizing the City Manager or his designee to accept a grant from Wal-Mart Stores, Inc in the amount of $1,500 to purchase equipment or supplies for Fire Station 13, in the General Fund Fire Department. The foregoing resolution was passed and approved with the following vote: Garrett, Chesney, Cooper Garcia, Kelly, Kinnison. Marez, Noyola, and Scott, voting "Aye". 5.b. ORDINANCE NO. 026969 Ordinance appropriating $1,500 received from Wal-Mart, Inc. into the General Fund Fire Department for the purchase of equipment or supplies for Fire Station 13; amending the FY 2006-2007 Operating Budget adopted by Ordinance No. 026908 by increasing estimated revenues and appropriations by $1,500 each An emergency was declared, and the foregoing ordinance was passed and approved with the following vote Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye' 6.a. RESOLUTION NO. 026970 Resolution authorizing the City Manager or his designee to accept a grant from United Way in the amount of $2,200 to purchase books and other library materials for the Janet F. Harte Public Library The foregoing resolution was passed and approved with the following vote: Garrett, Chesney, Cooper Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye". Minutes — Regular Council Meeting September 12, 2006 — Page 4 6.b. ORDINANCE NO. 026971 Ordinance appropriating $2,200 from United Way into the General Fund No. 1020, Central Library Organization No. 12800 to purchase books and other library materials for the Janet F Harte Public Library; amending the FY 2006-2007 Operating Budget adopted by Ordinance No. 026908 to increase appropriations by $2,200. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye' 8. MOTION NO. 2006-287 Motion authorizing the City Manager or his designee to execute Subrecipient Agreements for funds provided from the FY2006 Community Development Block Grant (CDBG) Program, Emergency Shelter Grant (ESG) Program and HOME Investment Partnerships (HOME) Program CDBG Program: a Boys and Girls Club of Corpus Christi - $100,000 for the construction of one soccer/flag football field and additional complex improvements at 3902 Greenwood Drive. Corpus Christi Hope House - $30,808 for the renovation and improvements of the living conditions for the residents at 658 and 630 Robinson Street. Corpus Christi Metro Ministries - $125.000 for the improvements to the Loaves and Fishes facility at 1906 Leopard St Del Mar College Small Business Development Center - $150,000 for funds to expand the enhanced "Business Resource Center'. e National Archives and Historical Foundation of the American G. I. Forum of the United States - $250,000 Challenge Grant for the complete rehabilitation of the former office of Dr. Hector P. Garcia at 1315 Bright Street. 9 Nueces County Children's Advocacy Center Phase 1 - $100,000 Challenge Grant for the construction and, to house in one building, members of agencies required to conduct child abuse investigations at 2602 Prescott. Nueces County Community Action Agency - $80,000 for the weatherization and make modifications to homes of families of low to moderate income and families with disabilities ESG Program For Homeless Activities: h 911 Park Place, dba Mission 911 - $10,662 Catholic Charities - $13,000 Coastal Bend Alcohol and Drug Rehabilitation Center dba Charlie's Place - $10,663 Minutes — Regular Council Meeting September 12, 2006 — Page 5 Corpus Ch isti Hope House, Inc. - $13.000 Corpus Christi Metro Ministries, Inc. - $43,000 T1 Mary McLeod Bethune Day Nursery, Inc. - $13,000 The ARK Assessment Center and Emergency Shelter for Youth -$13,000 �. The Salvation Army - $13,000 p. The Women's Shelter of South Texas - $20,000 HOME Program For Housing Programs: q. Community Development Corporation (CDC) - $250,000 for funds to assist approximately 14 families in buying down a new home through the down payment and closing cost program Cliff Maus Tillage Trust - $100,000 to replace water lines servicing the apartment building units on the property at 1438 West Point Road. s. Corpus Christi Metro Ministries - $125,000 for interior and exterior rehabilitation of Rainbow House located at 1906 Leopard St. Costa Terragona I, LTD - $150,000 for partial construction cost of a 250 multifamily apartment complex being built on 12.62 acres located between Interstate Highway 358 and McBride Lane. LULAC West Park Apartments (Trust) - $125,000 for rehabilitation of a 124 unit multifamily development at 10702 IH 37. Nueces Loft Apartments - $300,000 for the conversion of a historic downtown building from office space to rental apartments at 317 Peoples Street. Nueces County Community Action Agency (CHDO) - $200,000 for funds to assist approximately 11 families for CAP Estates II, Ill, provide down payment and closing cost assistance for families 80% or below the area median income. TG 10 - Glenoak Apartments - $210,000 for the exterior and interior rehabilitation of the 68 low ncome housing development at 711 Glenoak. The foregoing motion was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye" (NOTE: Noyola abstained on 8 f. and 8.n.: Marez abstained on 8.d. and 8.x.). Minutes — Regular Councii Meeting September 12, 2006 — Page 6 9 MOTION NO. 2006-288 Motion authorizing the City Manager or his designee to execute a twelve-month hardware maintenance agreement with the Texas Department of Information Resources, of Austin, Texas based upon the State's cooperative purchasing agreement in the amount of $29,217.12 Included in the agreement is maintenance and replacement support for the Police Department s servers and operating system and interoperability software. The foregoing motion was passed and approved with the following vote: Garrett, Chesney, Cooper. Garcia. Kelly, Kinnison. Marez, Noyola, and Scott, voting "Aye". 0. RESOLUTION NO 026973 Resolution granting request of Fraternal Order of Eagles for property tax exemption under Texas Tax Code Section 184. The foregoing resolution was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison. Marez, Noyola, and Scott, voting "Aye". 12. ORDINANCE NO. 026975 Ordinance to appropriate $213,093.79 from the Municipal Court Security Fund in the General Fund for Municipal Court facility security including three additional marshals, temporary security services, security equipment and building improvements; amending Ordinance No. 026908 which adopted the FY 2006-2007 Operating Budget to increase appropriations by $213,093.79. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye" 14. ORDINANCE NO. 026977 Ordinance amending the Code of Ordinances, Chapter 26, Junk Dealers, by adding a provision to require the showing of proper identification for all people selling junk as defined in the Chapter; providing for penalties. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye" 15. MOTION NO. 2006-292 Motion authorizing the City Manager or his designee to execute a construction contract with Centennial Construction, Inc. in the amount of $38,607 for the Kiwanis Softball Field Improvements. (BOND ISSUE 2004) The foregoing motion was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye". Minutes - Regular Council Meeting September 12. 2006 - Page 7 16. MOTION NO. 2006-293 Motion authorizing the City Manager or his designee to execute a construction contract with C.W. Campbell Electric of Corpus Christi, Texas, in the amount of $53,414 for the City Hall HVAC Chiller and Chiller Pump Alternate Power Project for the total Base Bid and Additive Alternate No 1 The foregoing motion was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison. Marez, Noyola, and Scott, voting "Aye". 17. MOTION NO. 2006-294 Motion authorizing the City Manager or his designee to execute Change Order No. 5 to the construction contract with Big State Excavation, Inc. of Houston, Texas in the amount of $136,493.50 for a total re -stated fee of $1,245,691.01 for the installation of an emergency generator for the Country Club Estates Lift Station. The foregoing motion was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison. Marez, Noyola, and Scott. voting "Aye". 18. MOTION NO. 2006-295 Motion authorizing the City Manager or his designee to execute Change Order No. 2 to the construction contract with Big State Excavation Inc., of Houston, Texas in the amount of $240,572.66 for a total re -stated fee of $1,356,883.66 for additional costs incurred and a point repair allowance for the Sanitary Sewer Manhole Replacement Old Brownsville Road/Omaha Drive project The foregoing motion was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison Marez, Noyola, and Scott. voting "Aye". 19. MOTION NO. 2006-296 Motion authorizing the City Manager or his designee to execute Amendment No. 3 in the amount of $36,00C with HDR Engineering. Inc. of Corpus Christi, Texas for the development of a Gas Rate Study. The foregoing motion was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison. Marez, Noyola, and Scott, voting "Aye". 20. MOTION NO. 2006-297 Motion authorizing the City Manager or his designee to execute an engineering contract with Bath Engineering Inc., of Corpus Christi, Texas in the amount of $60,000 for the development plans, specifications, bid and contract documents for Corpus Christi International Airport Terminal Chiller Replacement project. The foregoing motion was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison Marez. and Scott. voting "Aye"; Noyola abstained. Minutes — Regular Council Meeting September 12, 2006 — Page 8 21. MOTION NO. 2006-298 Motion approving the application from Bayfest, Inc. to temporarily close the following street sections for the Bayfest 2006 Festival - September 20 - October 3, 2006. A. Northbound Shoreline Boulevard (inside lane only), from the north right-of-way of Power Street (exclusive of the median crossover at Power Street) to Resaca Street, beginning at 9:00 a.m.. Wednesday. September 20, 2006 through 5:00 p.m., Tuesday, October 3, 2006: Southbound Shoreline Boulevard (full closure), from the south right-of-way of Resaca Street to the north right-of-way of Power Street, beginning at 9:00 a.m., Wednesday, September 20, 2006 through 5:00 p.m., Tuesday, October 3, 2006; Northbound Shoreline Boulevard (full closure), between north right-of-way line of Power Street north to the end, from 5:00 p.m., Thursday, September 28, 2006 through 6:00 a.m., Monday, October 2. 2006; North Water Street (full closure), between Fitzgerald Street and Palo Alto Street from 8:00 a.m., Thursday, September 21, 2006 through 6:00 a.m., Monday, October 2, 2006. Palo Alto Street, east half between North Water Street and southbound Shoreline Boulevard; Fitzgerald Street between North Water Street and Shoreline Boulevard and Resaca Street between North Water Street and southbound Shoreline Boulevard from 8:00 a.m _ Thursday. September 21, 2006 through 6:00 a.m., Monday, October 2. 2006 The foregoing motion was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia. Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye". 22. RESOLUTION NO 026978 Resolution authorizing the City Manager or his designee to execute an Advanced Funding Agreement with the Texas Department of Transportation (TxDOT) in the amount of $330,424 for the North Port Avenue project from IH 37 to US 181. (BOND ISSUE 2004) The foregoing resolution was passed and approved with the following vote: Garrett, Chesney, Cooper, 3arcia, Kelly, Kinnison. Marez. Noyola, and Scott, voting "Aye". 23.a_ ORDINANCE NO. 026979 Ordinance abandoning and vacating a 1,535 -square foot portion of a 10 -foot wide utility easement out of Lot 1, Alameda Center Unit 3, located southwest of the Robert Drive and South Alameda Drive street rights-of-way; 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, Cooper, Garcia, Kelly. Kinnison, Marez, Noyola, and Scott, voting "Aye" Minutes — Regular Council Meeting September 12. 2006 — Page 9 23.b. ORDINANCE NO. 026980 Ordinance abandoning and vacating a 489 -square foot portion of a 5 -foot wide utility easement out of Lot 7A, Block 2 and Lots 7C -7F, Block 2, Alameda Estates, located just southeast of and adjacent to the Robert Drive street right-of-way; subject to compliance with he specified conditions An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: 3arrett, Chesney, Cooper, Garcia, Kelly. Kinnison, Marez, Noyola, and Scott, voting "Aye" 24.a. MOTION NO. 2006-299 Motion approving the Arterial Transmission and Grid Main Construction and Reimbursement Agreement submitted by John Bratton, owner and developer of Kitty Hawk Unit 1 located east of County Road 41 and south of South Staples Street (FM 2444) for the installation of 466 linear feet of 12 -inch PVC water grid main. The foregoing motion was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye". 24.b. ORDINANCE NO. 026981 Ordinance appropriating $12,060.16 from the Arterial Transmission and Grid Main Trust Fund No. 209010-4030 to pay the John Bratton reimbursement request for the installation of 466 linear feet of 12 -inch PVC grid main to develop Kitty Hawk Unit 1. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye" 25. FIRST READING ORDINANCE Authorizing the City Manager or his designee to execute an Oil and Gas Lease with EOG Resources. inc. on approximately 160 gross acres of land owned by the City of Corpus Christi near the Corpus Christi International Airport fora cash bonus bid of $26,140, $25.00 per acre delay rentals, 25% royalty, with a three year term, as may be extended indefinitely by continuing drilling operations The foregoing ordinance was passed and approved on its first reading with the following vote: Garrett, Chesney, Cooper. Garcia, Kelly, Kinnison, Marez, and Scott, voting "Aye"; Noyola abstained. Mayor Garrett opened discussion on Item 7 regarding contracts for the Community Youth Development (78415) Steering Committee. Ms. Therese Perez, 325 Claremore, spoke against the award of a subcontract to Planned Parenthood due to their stance on abortion. City Manager Noe clarified that the city served as the Texas Department of Family and Protective Services' fiscal agent for the CYD program. He said the Community Youth Development (78415) Steering Committee, a citizen group representing the 78415 zip code area, decided on funding allocations after -eviewing proposals submitted to the group. In essence, he said the Council was confirming the group's recommendations. Mr. Noe also stated that the local Planned Parenthood chapter was ^.ot involved in any abortion activities; rather, the proposed funding was directly related to educational programs Minutes - Regular Council Meeting September 12, 2006 - Page 10 in response to Councilmember Noyola's question, City Manager Noe stated that the Planned Parenthood contract provided a written record of what services would be provided in return for the funding. Parks and Recreation Director Sally Gavlik added that that Planned Parenthood was approved for CYD funding in 2006. She also noted that the State of Texas reviewed all the programs recommended for funding prior to the Council's consideration. City Manager Noe said staff would provide Mr. Ncyola with a copy of Planned Parenthood's contract. Mr Noyola reported that a year ago, he, City Manager Noe, and the Mayor had met with a woman whose funding proposal had not been recommended by the CYD Steering Committee. She proposed to offer a number of activities based in a gymnasium she owned. Mr. Noyola spoke in support of her proposal, and asked staff to assist her in applying for the funds. Parks and Recreation Director Sally Gavlik replied that staff would ensure that the woman received an application for next fiscal year's allocation. Mr. Noe emphasized that the CYD Steering Committee made the final decision on the recommended programs. Thus, he said staff could only provide her with access to the process, and could not ensure that her proposal would be funded. Mr. Noyola pointed out that the same agencies seemed to be funded every year. He said he wanted staff to ensure that she was included in the process. Mayor Garrett opened discussion on Item 11 regarding the lease of the Wilson Plaza East building for additional courtroom space. Councilmember Kelly asked for clarification on why the additional courtroom space was needed, Municipal Court Judge Rodolfo Tamez replied that the additional courtroom space was needed to more expeditiously process defendants with outstanding warrants. He said the municipal court judges could not take a plea in the city's magistrate center, only in open court. Thus, he said the lack of courtroom space became an issue at night because judges on staff did not have an available courtroom during the evening. Mr Kelly said he urderstood staff was considering moving one of the city's existing courts to the new courtroom. Judge Tamez answered affirmatively, saying staff had considered transferring the Environmental Court to the new courtroom. He said, however, that the environmental court judge and prosecutor would not be limited strictly to environmental court cases. He said City Attorney Fischer and Environmental Court Judge Rank could coordinate a schedule to review other municipal court cases in the mornings. Judge Tamez said that when Judge Rank's dockets were full, then he would strictly work on environmental court cases. Mr. Kelly expresses concern that Judge Rank's light environmental case load did not justify the personnel costs of transferring him to another court. While he was in favor of the additional courtroom space, he was concerned that moving Judge Rank to the Wilson Plaza building, even on a part-time basis, would negatively impact the city's ability to move cases expeditiously in the other courtrooms. He asked Judge Tamez to provide data on Judge Rank's current environmental court caseload and how many cases he was handling for the other judges. He said the Municipal Court Committee could then make a determination on the extent of the impact. Councilmember Garcia commented that based on the number of code violations he had observed throughout the city, he was surprised that the Environmental Court did not have a full docket. Judge Tamez replied that the size of the docket depended on the number of cases filed in the court. City Manager Noe added that the Environmental Court docket was growing, but there were a number of challenges to prosecuting these types of cases, such as identifying and contacting the property owner. He said the city's first priority was to abate the problem by cleaning up the area. Mr. Noyola spoke it favor of transferring the Environmental Court to the new courtroom to ensure that his services would be well utilized. -here were no comments from the public amity Secretary Chapa polled the Council for their Minutes - Regular Council Meeting September 12, 2006 - Page 11 votes on Items 7 and 1 as follows 7.a. MOTION NO. 2006-280 Motion authorizing the City Manager or his designee to execute a contract with the Texas Department of Family and Protective Services for funding in the amount of $500,000 from the Community Youth Development Program for the 78415 ZIP Code for projects as recommended by the Community Youth Development Steering Committee for FY 2006- 2007, Contract Period September 1, 2006 through August 31, 2007. The foregoing motion was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison. Noyola, and Scott, voting "Aye"; Marez abstained. 7.b. ORDINANCE NO. 026972 Ordinance appropriating a $500,000 grant from the Texas Department of Family and Protective Services in the No. 1060 Community Youth Development Fund to fund the Community Youth Development Program in the 78415 ZIP Code for FY 2006-2007, Contract Period September 1, 2006 through August 31, 2007 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 abstained. 7.c. MOTION NO. 2006-281 Motion authorizing the City Manager or his designee to execute a subcontract with the Boys and Girls Club of Corpus Christi in the amount of $56,100 to provide services for youth ages 6 to 17 in the 78415 ZIP Code. The foregoing motion was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia. Kelly, Kinnison Marez, Noyola, and Scott. voting "Aye". 7.d. MOTION NO. 2006-282 Motion authorizing the City Manager or his designee to execute a subcontract with Communities in Schools, Corpus Christi, Inc. in the amount of $196,224 to provide services for youth ages 6 tc 17 in the 78415 ZIP Code. The foregoing motion was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison. Marez, Noyola, and Scott. voting "Aye". 7.e. MOTION NO. 2006-283 Motion authorizing the City Manager or his designee to execute a subcontract with Planned Parenthood of South Texas in the amount of $29,713 to provide services for youth ages 12 to 17 in the 78415 ZIP Code. The foregoing motion was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison. Marez, Noyola, and Scott, voting "Aye". Minutes — Regular Counci, Meeting September 12, 2006 — Page 12 MOTION NO. 2006-284 Motion authorizing the City Manager or his designee to execute a subcontract with the YMCA of Corpus Christi in the amount of $39,800 to provide services for youth ages 14 to 17 in the 78415 ZIP Code. The foregoing motion was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye". 7.g. MOTION NO. 2006-285 Motion authorizing the City Manager or his designee to execute a subcontract with YWCA of Corpus Christi in the amount of $50,000 to provide services for girls in the 4th and 5th grades n the 78415 ZIP Code. The foregoing motion was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye". 7.h. MOTION NO. 2006-286 Motion authorizing the City Manager or his designee to execute a subcontract with Youth Odyssey in the amount of $31,839 to provide services for youth ages 12 to 17 in the 78415 ZIP Code. The foregoing motion was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye". 11.a. ORDINANCE NO. 026974 Ordinance to appropriate $136,063.18 from the Municipal Court Judicial Improvement Fund in the General Fund to purchase two vehicles, hire temporary staff, and lease additional space for Municipal Court; amending Ordinance No. 026908 which adopted the FY 2006- 2007 operating budget to increase appropriations by $136,063.18. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia. Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye" 11.b. MOTION NO. 2006-289 Motion authorizing the purchase of two vehicles (police sedans - Crown Victoria or equivalent) from Philpott Motors (H -GAC purchase) in the amount of $24,000 each for the use by Municipal Court City Marshals. The foregoing motion was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye". Minutes - Regular Council Meeting September 12, 2006 - Page 13 11.c. MOTION NO. 2006-290 Motion authorizing the City Manager or his designee to execute a five-year lease with Wilson Plaza Associates, L.P., of Corpus Christi, Texas for an annual amount of $65,316 for additional courtroom office space for Municipal Court at Wilson Plaza East, Suite 113, 615 Leopard, Corpus Christi, Texas. The foregoing motion was passed and approved with the following vote: Garrett, Chesney, Cooper. Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye". Mayor Garrett opened discussion on Item 13 regarding a contract to provide courtroom audio recording software and services for Municipal Court. City Secretary Chapa stated that the vendor name in Item 13.b was incorrectly listed as Technovations, Inc.; the correct name was Technovations Integration Group, LLC He stated that staff was requesting that the Council make a motion to amend the item accordingly. A motion was made, seconded, and passed to amend Item 13.b. to reflect the correct vendor name of Technovations Integration Group, LLC. There were no comments from the audience. Mr. Chapa polled the Council for their votes as follows: 13.a. ORDINANCE NO. i)26976 Ordinance appropriating $439,644.01 from the Municipal Court Technology Fund in the General Fund for the purchase for the following items: 10 Crystal report software licenses, 1 TWAIN license, 8 scanner maintenance, 16 IP Phones, 4 laptops, 20 laser printers, 2 batch scanners. 3 copiers, 1 wireless ticket writer system, 18 digital cameras, 48 scanners, 26 electronic pen and pad units, 5 receipt printers, 75 personal computers, 1 laptop WiFi card, and courtroom audio recording software and hardware for Municipal Court technology mprovements; amending Ordinance No. 026908 which adopted the FY 2006-2007 Operating Budget to increase appropriations by $439,644.01. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: ;Garrett, Chesney, Cooper, Garcia, Kelly. Kinnison, Marez, Noyola, and Scott, voting "Aye" 13.b. MOTION NO. 2006-291 Motion authorizing the City Manager or his designee to execute a contract with Technovations Inc Integration Group, LLC, of San Antonio, Texas in the amount of $93,016.34 for courtroom audio recording software and services for Municipal Court. Technovations Inc. Integration Group, LLC is an approved Catalog Information Systems Vendor with the State of Texas and Procurement Commission. The foregoing motion was passed and approved as amended with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye". Mayor Garrett referred to Item 26.a , and a motion was made, seconded and passed to open the public hearing on the following variance request: 26.a. Public hearing on a request for a variance to operate an establishment for the on -premise consumption of alcoholic beverages located at 1402 Rodd Field Road. Acting Director of Development Services Michael Gunning stated that RFI, Inc. was requesting a variance to allow the on -premise consumption of alcoholic beverages at Sports Chill & Minutes - Regular Council Meeting September 12, 2006 - Page 14 Grill. located at 1402 Rodd Field Road. He said the proposed establishment was located within 300 feet of a daycare center, which conflicted with a State law prohibiting any person from maintaining a business for the dispensing and sale for on -premise consumption of alcoholic beverages within 300 feet of a daycare center. He pointed out, however, that the statute also gave the City Council the authority to approve a variance to the distance reauirement, which was the purpose of today's public hearing Mr. Gunning said a lounge on the subject property had coexisted with the KinderCare Child daycare center for over 28 years without incident. He said in September 1997, the State added daycare centers to TABC regulations as a prohibited use within 300 feet of an establishment possessing a permit to sell alcohol for on -premise consumption. He said the majority of alcohol sales would likely occur in the late afternoon or evening when the daycare center was closed. Therefore. he said staff was recommending the approval of the variance because it would minimally mpact the daycare center No one spoke in opposition to the variance request. Mr. Garcia 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: 26.b. RESOLUTION NC. 026982 Resolution granting a variance, under Section 4-5(f) of the Code of Ordinances, to RF1, Inc., dba Sports Chill & Grill, to operate an on -premise alcoholic beverage establishment located at 1402 Rodd Fielc Road. The foregoing resolution was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison Marez, Noyola, and Scott, voting "Aye". Mayor Garrett referred to the presentations on the day's agenda. The first presentation was Item 27, a quarterly presentation from WorkSource of the Coastal Bend. WorkSource of the Coastal Bend Board Chairman Joe Guzman introduced President/CEO Mary Ann Rojas and Rick Zamarripa, Director of Operations. Mr Zamarripa reported on a number of workforce statistics to gauge the strength of the city's labor market. In the second quarter, he said the city had gained over 700 new jobs, representing a 10.10 point of a percentage point change from the previous quarter, and a four percentage point increase from 2005. bringing the over -the -year employment gain to 344 new jobs. Mr. Zamarripa stated that the unemployment rate for July 2006 was 5.7 percent, up 0.2 of a percentage point from July 2005. He said this was the second lowest unemployment rate since 2001 Mr Zamarripa reported that payroll size was also a good indicator of the wellness of the local iabor market. He said education and health services had a quarterly payroll of $298 million, employing close to 38,000 workers. He said manufacturing, retail. and construction's combined payroll was $600 million, employing close to 54,000 workers. Mr. Zamarripa stated that the average weekly wages continued to rise at a slow but steady rate, increasing from $614 to $684 in the second quarter. He said the city's total increase was 11 percent, compared to the statewide average of 8.6 percent for the same period of time. Minutes — Regular Counci Meeting September 12. 2006 — Page 15 Mr Zamarripa briefly mentioned the following characteristics of the labor force: the average workers age increased to 42 years compared with 38 years in 2000; the city ranked third in the State of high school or equivalent compieters; half of the working population had some college or degree: the city's workers were low in basic math and science skills; people were commuting longer to work 26 percent of the workforce lived outside of the county; and the number of men and women n non-traditional jobs had .ncreased. Mr Zamarripa reviewed a graph depicting the industries gaining and losing jobs in the quarter He said construction, mining, professional services, and manufacturing saw a total job gain of 2,100 jobs, noting that these industries also had some of the highest wages per employee (average of $1,081 a week). He said these job gains were offset, however, by a total of 1,756 job losses, leaving a positive balance of 344 jobs. He said most of the job losses were concentrated in the leisure and hospitality ndustries. Mr Zamarripa stated that the area's most significant labor shortages continued to be in the education, petrochemical, construction, and other fields such as registered nurses and engineers. He said the projected gap .n the industriai trade skilled workforce was expected to double by 2020, unless proactive steps are taken. He also briefly discussed the short- and long-term industry and occupation projections Mr. Zamarripa dispayed information on the following industries: top 10 industries adding the most jobs. top 10 fastest growing industries; top 15 occupations adding the most jobs; top 15 fastest growing occupations; and employment growth by major occupation. Councilmember Garcia asked for more information on the area's labor shortage in the construction and manufacturing industries. Ms. Cooper asked how WorkSource was working with other ISDs in the community to improve the city's high school diploma/equivalency rates. Mr. Zamarripa stated that WorkSource had a number of ongoing and new education initiatives. WorkSource President/CEO Mary Ann Rojas reported on their initiatives addressing current workforce challenges. She mentioned the needs of job seekers; additional childcare dollars to Nueces County; enhanced career centers. multi media campaigns — Hot Jobs on Kill and KEYS to Coastal Bend Jobs on144n AM, Univision. and KLUX. She also discussed their on-the-job training efforts. Ms. Rojas discussed a number of WorkSource's programs in education as follows: CCISD National Board Certification for Teachers program; Texas A&M University— Corpus Christi nursing partnership; Department of Labor Youth grant award; industrial trade outreach efforts; adult literacy programs. "I Can Learn" computer-based math program; apprenticeship training program for Moody High School industrial trades and technology management academy students; youth work experience program: and small business community support services. Ms. Rojas also reported on WorkSource's efforts to build a qualified workforce for new businesses. She mentioned one program providing funding to two area companies to train 26 new and existing workers in the aviation and biotechnology industry sectors. Ms. Rojas discussed a number of WorkSource's initiatives addressing future workforce challenges as follows: work skills enhancement grants; military veterans in transition; local adult and youth apprenticeship programs; Technology Demonstration Project with TAMU-CC; BRAC planning phase; increase capacity of skilled workers in the industrial trades; and to expand computer labs in Career Centers for literacy programs. Minutes - Regular Council Meeting September 12, 2006 - Page 16 Ms. Rojas discussed initiatives addressing future workforce challenges, primarily related to seeking state and federal grants for workforce development with community partners. She said the agency was awarded $3,265,317 in grants between July 1, 2005 and July 1, 2006. in closing, Ms. Rojas stated that WorkSource affirmed its commitment to strengthening their relationship with Education. Economic. and Employer (E3) partners and the business community. Mr Noyola asked for a copy of the data presented in the quarterly report. Council members asked questions about WorkSource's relationship with the EDC; 4A Board resources for training; and labor shortages in the transportation, nursing, and education fields; and ways to address high school dropout rates. Mayor Garrett called for a brief recess to present proclamations. Mayor Garrett called for petitions from the audience. Mr. Michael Meany, 3360 San Antonio Street, spoke against awarding a contract to Planned Parenthood for CYD Program funding. Ms. Jean Perkins, 7521 Bonsoir, spoke against fortifying the city's water supply with sodium fluoride. Mr. Jack Gordy, 4118 Bray, spoke regarding the city's enforcement of the illegal sign ordinance. Mr. J.E. O'Brien, 4130 Pompano, spoke in favor of reinstating the city's internal auditor position. Mr. Bill Kopecky, 3609 Topeka, spoke against the use of city funds to support the Texas Municipal League and spoke regarding beach development issues Mr. Foster Edwards, Convention and Visitors Bureau Chairman, provided an update on CVB activities. Mr. David Noyola spoke regarding the Memorial Coliseum re -development and ;n favor of expanding the smoking ban to all venues. Mayor Garrett called for a brief recess. Mayor Garrett opened discussion on Item 30 regarding the adoption of the ad valorem tax rate for FY 2006-07 City Manager Noe stated that the proposed rate of $0.602 was a half cent less than the rate included in the budget while still maintaining the effective rate for M&O and the current rate for debt service. Assistant City Manager Oscar Martinez stated that the proposed ad valorem rate was lower than the rate presented in the budget due to the final tax roll received. He said the proposed ad valorem tax rate was comprised of $0.403 cents for M&O and $0.199 cents for the debt service rate. He pointed out that the proposed tax rate was one and half cents lower than the rate set for Bond 2004. Mayor Garrett called for public comment. Mr. J. E. O'Brien, 4130 Pompano, and Mr. Louis Hoelscher, 4429 Congressional, spoke against the proposed ad valorem tax rate; they proposed a lower rate of $.591434. Mayor Garrett made a motion that the property taxes be increased by the adoption of a tax rate of $0.602372 per $100 valuation, seconded by Ms Cooper, and passed. City Secretary Chapa Minutes — Regular Council Meeting September 12, 2006 — Page 17 polled the Council for thei votes as follows: 30. ORDINANCE NO. 026987 Motion to adopt an ordinance setting a tax rate of $0.602372 per $100 valuation. The ordinance prescribes the taxes to be levied, assessed, and collected by the City of Corpus Christi. Texas for tax year 2006 and for each succeeding year thereafter until otherwise provided and ordained and such other years as the same may be applicable. 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, ,rating "Aye": Marez was absent Mayor Garrett opened discussion on Item 31 regarding the FY 2006 Consolidated Annual Action Plan, comprised of the Community Development Block Grant (CDBG), Emergency Shelter Grants (ESG), and Home Investment Partnership (HOME) programs. Assistant City Manager Oscar Martinez stated that staff was requesting approval of all documentation required to accept and appropriate a total awarc of $8,090,816 in grant funding for the CDBG ($4,962,506), HOME ($149,325). and ESG ($2,978,985) programs. There were no comments from the public. City Secretary Chapa polled the Council for their votes as follows: 31.a, MOTION NO. 2006-302 Motion authorizing the City Manager or his designee to execute all documents necessary with the United States Department of Housing and Urban Development (HUD) to accept and implement the FY2006 Consolidated Annual Action Plan for Community Planning and Development (CPD) programs that include the Community Development Block Grant CDBG), Emergency Shelter Grant (ESG), and Home Investment Partnerships (HOME) programs. 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. (NOTE: Noyola abstained on the projects pertaining to Glen Oak Apartments and Del Mar College). 31.b. ORDINANCE NO. 026983 Ordinance appropriating $8,090,816 in the No. 1059 Community Development Block Grants Fund for the FY2006 Consolidated Annual Action Plan, which includes: (1) $4,962,506 for the FY2006 Community Development Block Grant program, which consists of $3,489,407 of entitlement funds, $800,000 of program income from housing loans, $28,356 of demolition lien program income, and $644,743 of reprogrammed funds; (2) $149,325 of entitlement funds for the FY2006 Emergency Shelter Grant program; and (3) $2,978,985 for the FY2006 Home Investment Partnerships program, which consists of $1,666,004 of entitlement funds, $25,570 of the American Dream Down Payment Initiative Grant, $438,306 of program income from housing loans. and $849,105 of reprogrammed funds, for approved community planning and development projects and activities. 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. (NOTE: Noyola abstained on the projects pertaining to Glen Oak Apartments and Del Mar College). Mayor Garrett opened discussion on Item 32 regarding an Interlocal Cooperation Agreement Minutes — Regular Council Meeting September 12, 2006 — Page 18 for disaster operations with the City of Port Aransas. City Manager Noe stated that while the city and Port Aransas had collaborated on emergency management issues in the past, he said this agreement formalized the relationship. He said according to the agreement, the city would serve as the City of Port Aransas' emergency management organization for a $10,000 annual fee. He said the Pori Aransas City Council had already approved the agreement. Mayor Garrett and Councilmember Scott stated that the City of Port Aransas was excited about the prospect of ..:ollaborating with Corpus Christi City Secretary Chapa polled the Council for their votes as follows: 32. RESOLUTION NO 026984 Resolution authorizing the City Manager to execute an Interlocal Cooperation Agreement for disaster operations with the City of Port Aransas. 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 opened discussion on Item 33 regarding a transfer of funds from the Water 2006 Capital Improvement Program. Assistant Director of Engineering Services Kevin Stowers stated that the transfer of funds would go to the Water, Storm Water, and Wastewater funds for project utility costs in Items 34 and 35. Mayor Garrett opened discussion on Item 34 regarding a construction contract for Street Reconstruction in the Manshiem/Sunnybrook area. Assistant Director of Engineering Services Kevin Stowers stated that this project was part of the Bond 2004 Neighborhood Street Reconstruction Project. He said staff was recommending award of the construction contract to Garrett Construction and the construction materials testing contract with Rock Engineering. There were no comments on Items 33 and 34. City Secretary Chapa polled the Council for their votes as follows: 33. ORDINANCE NO. 026985 Ordinance approving a transfer and appropriation of $1,400,000 from the Water 2006 Capital Improvement Program Fund No. 4090 into the Stormwater 2006 Capital improvement Program Fund No 3492 for projects related to the improvements and extensions to the Water, Stormwater, and Wastewater Systems; amending the FY2004- 2005 Capital Budget adopted by Ordinance No. 026188 by increasing appropriations by $1 400.000. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Cooper, Garcia, Kelly, Noyola, and Scott, voting "Aye"; Chesney, Kinnison and Marez were absent. Minutes — Regular Council Meeting September 12, 2006 — Page 19 34.a. MOTION NO. 2006-303 Motion authorizing the City Manager or his designee to award a construction contract with Garrett Construction, of Ingleside, Texas in the amount of $5,293,469.79 for the Mansheim Area Drainage Improvements Phases 2A -6A (revised and reissued for re-bid)/Bond 2004 Neighborhood Street Reconstruction Cluster 4 - Mansheim/Sunnybrook area project. (BOND ISSUE 2004) The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Garcia Kelly; Noyola, and Scott, voting "Aye"; Chesney, Kinnison, and Marez were absent. 34.b. MOTION NO. 2006-304 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 $30,000 for the Mansheim Area Drainage Improvements Phases 2A -6A and Bond 2004 Neighborhood Street Reconstruction Cluster 4 - Mansheim/Sunnybrook area project. (BOND ISSUE 2004) The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Garcia. Kelly. Noyola, and Scott. voting "Aye"; Chesney, Kinnison, and Marez were absent. Mayor Garrett opened discussion on Item 35 regarding the Street Overlays Citywide Project. Assistant Director of Engineering Services Kevin Stowers stated that the item authorized the award of a construction contract to Berry Contracting, LP in the amount of $5,110,082.40 and a construction materials testing contract with Fugro Consultants, LP in the amount of $53,100 for the project. He said the project included a total of eight streets. There were no comments from the public. City Secretary Chapa polled the Council for their votes as follows: 35.a. MOTION NO. 2006-305 Motion authorizing the City Manager or his designee to execute a construction contract with Berry Contracting, LP dba Bay Ltd., of Corpus Christi, Texas in the amount of $5,110,082.40 for the Street Overlays City-wide project base bid. (BOND ISSUE 2004) 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. 35.b. MOTION NO. 2006-306 Motion authorizing the City Manager or his designee to execute a Construction Materials Testing Contract with Fugro Consultants LP. of Corpus Christi, Texas in the amount of $53,100 for the Street Overlays City-wide project base bid. (BOND ISSUE 2004) 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. Mayor Garrett opened discussion on Item 36 regarding a 30 -day moratorium on wind energy system permits. Acting Director of Development Services Michael Gunning stated that under its current ordinances. the city does not sufficiently address the regulation of wind energy systems to ensure the safety and welfare of the citizens and property. Consequently, he said staff was Minutes Regular Councii Meeting September 12 2006 — Page 20 recommending a 30 -day moratorium on wind energy permits to allow for the development of municipal regulatory standards. He said the Planning Commission had reviewed the proposed criteria developed by staff on September 6. He said the Council would consider the proposed text amendment on September 26. He noted, however that there was one company that was in the process of developing a retail energy outlet. He said the 30 -day moratorium would end on October 12. There were no comments from the public. Councilmember Garcia stated that he had received calls from homeowners who were opposed to locating wind energy systems within the city limits. He noted that the City of San Antonio and the City of Austin prohibited the location of wind energy systems within the city limits. He asked Mr. Gunning to be sensitive to the citizens' need for public input on the matter. Mr. Gunning replied affirmatively. Mr Noyola requested more information and more time to familiarize himself with the issues related to wind energy systems. Mr. Gunning replied that the proposed moratorium would protect the city until October 12; the Council was scheduled to consider the issue on September 26. If the Council needed more time before making a decision, staff could reschedule the item to October 11. There were no comments from the public City Secretary Chapa polled the Council fortheir votes as follows 36. ORDINANCE NO. 026986 Ordinance imposing a 30 -day moratorium on the issuance of permits for the erection or construction of wind energy systems in the City of Corpus Christi. 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 37 regarding the FY 2007 Capital Budget. Assistant City Manager Oscar Martinez stated that the Council reviewed the proposed CIP two weeks ago for short-term, mid-term, and long-term projects. He said the plan as presented was fully funded for the first year, and maintained the debt coverage ratio of 1.25 percent. He stated that the original plan was in the amount of 5146.5 million for all projects; however, staff was considering a possible amendment to the plan for specific storm water projects, based on the Council's and citizen comments. He said the proposal increased the plan in Year 1 from $146.5 million to $147.1 million, a $600,000 increase, for the following projects: Minor Storm Drainage Improvements - $200,000 (Sequence #22); Tuloso/Suntide Area Drainage Study - $300,000 (Sequence #32); and Rolled Curb & Gutter Replacement - $100,000 (Sequence #28). There were no comments from the public. City Secretary Chapa polled the Council for their votes as follows: 37. FIRST READING ORDINANCE Approving the FY 2007 Capital Budget in the amount of $146,494,500. 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, Minutes — Regular Counci= Meeting September 12. 2006 — Page 21 Mayor Garrett referred to Item 28, a presentation on the Water Supply Status and Future Potential Projects. Mayor Garrett stated that many citizens had asked him why the City could not transfer water from Choke Canyon into Lake Mathis to address their problems. Assistant City Manager Ron Massey stated that he would address this issue in the presentation. Mr Massey reviewed the terms of the citys agreed order that relate to water conservation measures. He said according to the order, the city, as operator of the reservoir system, shall provide not less than 151,C00 acre feet of water per annum for the estuaries. He said that when the reservoir levels dropped below 40 percent, however, the city reduced its freshwater inflow requirements to 1,200 acre feet a month, or 24,000 acre feet a year. He said a portion of the acre feet would be credited as effluent return flow. Under this scenario, he said the city would implement mandatory lawn watering restrictions. When the reservoir levels dipped below 30 percent, he said the city was allowed to suspend all pass-through requirements for bays and estuaries, with additional water restrictions. Mr Massey deserted the water conservation measures in more detail as follows: 50 percent reservoir level -- increased public awareness; 40 percent — restrict time -of -day lawn watering (inflow targets reduced to 1,200 acre feet a month; and 30 percent — restrict lawn watering to time - of -day and no more than cnce every five days (inflow targets suspended). Mr Massey discussed the reservoir levels as of September 12, 2006 as follows: Lake Corpus Christi — 81.85 feet (30.3 percent of capacity); Choke Canyon — 213.73 feet (76.5 percent of capacity; and Lake Texana - 42.64 feet (93 percent of capacity). He noted that the combined system capacity for Lake Corpus Christi and Choke Canyon was 64 percent. Mr Massey referred to a graph modeling the forecast worst case system storage vs. Lake Corpus Christi target elevation from January 2006 to September 2009. He said the city's current operating procedure was to allow the water level in Lake Corpus Christi to decrease to 74 feet before replenishing the lake with water from Choke Canyon. He said if the city were to change the minimum threshold from 74 feet to 82 feet to maintain higher water levels in Lake Corpus Christi, then the city would enter mandatory restrictions earlier for all its customers. He explained that Lake Corpus Christi was on the most prolific watershed, so if the city allowed the levels to drop in the lake, then this would create more room to catch water from the watershed. He said Choke Canyon, on the other hand, was on a less prolific watershed; it was more difficult to replenish. Thus, he said the more the city kept Lake Corpus Christi fullthe more water was spilled when the river was flowing. in summary, Mr. Massey said the good news for lake area residents was that the city was drawing the maximum amount of water from Lake Texana. He said the bad news was that the city did not replenish Lake Corpus Christi until the water levels reached 74 feet to delay any mandatory watering restrictions Mr Massey discussed a number of water supply initiatives. He said Phase II of the Garwood Pipeline was completed. He said the Padre Island Aquifer Storage Recovery (ASR) District was authorized. He said the Corps of Engineers (COE) Nueces River Basin Feasibility Studies were in Year 2 Regarding the seawater desalination initiative, he said the city had applied for Phase II funding, and which was related to the Nueces River Basin Feasibility study effort. Regarding groundwater sources, he said the city was partnering with the San Patricio Municipal Water District to investigate groundwater as a new water supply source. Ultimately, he said the region could develop groundwater sources. Council members asked questions about the Garwood Pipeline timeline; the San Patricio Minutes — Regular Council Meeting September 12, 2006 — Page 22 Municipal Water District groundwater project; and how to address Lake Mathis's water levels. n response to Councilmember Scott's question, Mr. Massey stated that the intakes from other cities that draw water from Lake Corpus Christi may not function effectively at the 74 -foot threshold. Consequently, ne said those entities may want to discuss the matter with the city. City Manager Noe added that the city had long-term contracts with a number of entities that had been financially beneficial to the communities drawing water. He said however, that the city did not want Corpus Christi citizens to bear the cost of operating at higher levels; thus, he said another option may be for those entities tc make necessary improvements to lower their intake at their cost. Mayor Garrett called for the City Manager's report. City Manager Noe reported that the Airport Advisory Board was holding a public meeting on the proposed update to the Airport Master Plan at 3:30 p.rn., September 13, 2006, Museum of Science and History Water Garden Room. City Manager Noe announced that the NIP Area No. 16 Kickoff meeting would be held at 6:00 p.m., American Legion Post No. 364 5323 Kostoryz City Manager Noe reported that tomorrow at 8:15 a.m., the Citizens for Educational Excellence was sponsoring a high school transformation forum at the American Bank Center, with a Keynote address from Dr. `Hood Daggett Finally, Mr. Noe stated that the following items were scheduled for consideration at next week's Councii meeting: CVB quarterly report; two zoning cases; and Bond 2004 project update. Mayor Garrett reported that a vacant building in the downtown area had appraised for $61,089 in 2005; in 2006, the appraisal dropped to $47,847. Notwithstanding, he said the property owner was trying to sell the building for $750,000. He asked staff to see what the city could do about this matter. He also reported a number of code violations to Director of Neighborhood Services Yvonne Haag. Mayor Garrett noted that the Texas Municipal League Annual Conference would begin on Tuseday, October 24, a council meeting date. He said three Councilmembers were scheduled to attend a TML meeting on Oct. 24. Mayor Garrett made a motion to direct staff to cancel the October 24 Council meeting, seconded by Mr. Chesney, and passed. Mayor Garrett stated that Port of Corpus Christi Chairman Ruben Bonilla had visited Colombia recently, and stated that the country's officials were pleased with the reception the Tall Ships had receives when they visited Corpus Christi. Mayor Garrett also asked staff to provide promotional materials in Spanish for these types of visits. Mayor Garrett called for Council concerns and reports. Mr. Noyola congratulated Leadership Corpus Christi for the 9-11 Memorial Ceremony held yesterday, highlighting the Flour Bluff ROTC's performance. Mr. Noyola stated he had been hearing complaints about the number of uninsured vehicles in the city. He asked staff to look into what measures the city could take to address the problem. City Manager Noe replied that he and Police Chief Smith had discussed the matter. He said some cities had enacted ordinances that would allow an uninsured vehicle to be towed for whatever cause. He said other communities had less stringent requirements that allowed the towing of Minutes — Regular Council Meeting September 12, 2006 — Page 23 uninsured vehicles only if they were involved in an accident. He said the city was reviewing the options, but the main challenge was the city's lack of a suitable impound lot. He said staff was reviewing the options to acquire a larger, more suitable impound lot facility, and would bring forward recommendations in a few months Mr Scott noted that in the last week's Council packet, there had been a memo discussing the city's winter average rate. He said the memo noted that there was a four percent increase in the number of customers compared to last year. He asked staff to provide information on the numbers of water customers over the last five years in next week's packet. City Manager Noe stated that the $250 million in new mprovements had yielded four percent more water and wastewater customers. Mr. Scott stated that this was positive news for the community. Mr Scott stated that there was a rumor that the ramp reversals on SPID were not on the same schedule they originally were. Mr. Massey replied that Phase 1 of the project was bid, but the bids came in higher than estimated. He said Phase 2 did not have a timeline associated with it. He said he would look nto the matter and provide an update. Finally, Mr. Scott reported that at the end of Laguna Shores near the new marina, there was a lot with junk vehicle on it He asked Director of Neighborhood Services Yvonne Haag to have code enforcement staff look into it. Ms. Cooper asked staff to publicize MIS Unit Director Leonard Scott's presentation attheY2 Convention in London at the end of the month. She also announced that the next town hall meeting was scheduled for next Monday, hosted by Councilmember Noyola. Mr. Noyola replied that unfortunately, he had travel plans next Monday. Ms. Cooper stated that she would look into rescheduling the meeting, but the notices had already gone out. Mr. Noyola said he would try to work around his travel plans to see if he could attend; otherwise, he would have to cancel his trip. Ms. Cooper said she would wait before making any further announcements. Mr. Garcia noted that the carcass from the hull of a trailer home that was dumped on Waldron Road was still there. Director of Neighborhood Services Yvonne Haag stated that the clean up was a coordinated effort between Police, Code Enforcement, and Solid Waste. She said it was a difficult clean-up effort due to the condition of the trailer, but the clean-up should be completed soon. She said staff had identified the trailer's owner, and were charging the owner for an abandoned vehicle Mr. Garcia complimented Mr. Kelly for his efforts to address the storm water problems in the Northwest area. Mayor Garrett asked Ms. Haag ;f she had checked into a code violation behind the Old Academy building. Ms. Haag replied that code enforcement staff had started a case on the issue, and notices had been sent to the property owner for several violations. Mayor Garrett thanked the Parks and Recreation staff for their efforts during the memorial ceremony yesterday There being no further business to come before the Council, Mayor Garrett adjourned the Council meeting at 1.57 p.m. on September 12, 2006.