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HomeMy WebLinkAboutMinutes City Council - 10/10/20061 HEREBY CERTIFY that the foregoing is a true and correct copy of the minutes of the Regular Meeting of the Corpus Christi City Council of October 10. 2006, which were approved by the City Courcl on October 1 2006, WFTNESSETH MY HAND AND SEAL, on this the 17th day of October, 2006. Armando Chapa City Secretary SEAL PRESENT Mayor Henry Garrett Mayor Pro Tem Mark Scot Council Members: Brent Chesney Melody Cooper Jerry Garcia Bill Kelly Rex Kinnison x John Marez Jesse Noyola MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting October 10, 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 Pastor Jack Willoughby and the Pledge of Allegiance to the United States flag was led by Council Member Cooper. Mayor Garrett called for approval of the minutes of the regular Council meeting of September 26, 2006. A motion was made and passed to approve the minutes as presented. x* w x W k* k* x Mayor Garrett referred to Item 2 and the following board appointments were made: Arts and Cultural Commission Ed Grove (Reappointed) DeAnn Gould -Lancaster (Reappointed) Lynda A.J Jones (Reappointed) Guadalupe Garcia (Reappointed) Jack Gron (Appointed) David Villarreal (Appointed) Myseum of Science & History Advisory Committee Robert Hatherill (Reappointed) Linda Torno (Reappointed) Dr. Margaret Bolick (Reappointed) Nelida Ortiz (Appointed) Dr. Jonda Halcomb (Appointed) City Council's Youth Advisory Committee Jonathan Flack (Appointed) Andrew Vincent Montoya (Appointed) Jamie Lee Villanueva (Appointed) Page Morris (Appointed) Jennifer Gordan (Appointed) Lauren Lee (Appointed) Joseph Trevino (Appointed) Stephanie Harlien (Appointed) Mecklin Ragan (Appointed) Mayor Garrett called for consideration of the consent agenda (Items 3 - 9). Mr. Abel Alonzo requested that Item 7 be pulled for individual consideration. Council members requested that Items 8 and 9 be pulled for individual consideration. A motion was made and passed to approve Items 3 through 9. constituting the consent agenda, except for Items 7, 8, and 9, which were pulled for individual consideration. City Secretary Chapa polled the Council for their votes as follows: Minutes - Regular Council Meeting October 10. 2006 - Page 2 3.a. RESOLUTION NO 02701C Resolution authorizing the City Manager or his designee to accept a grant in the amount of $15,656 and to execute a contract and all related documents with the Texas State Library and Archives Commission for the Lone Star Libraries Grant to be used for the preservation and cataloging of local history materials. The foregoing resolution was passed and approved with the following vote: Garrett, Chesney. Cooper, Garcia, Kelly. Kinnison. Noyola, and Scott, voting "Aye"; Marez was absent. 3.b. ORDINANCE NO. 327011 Ordinance appropriating $15,656 from the Texas State Library and Archives Commission nto the Library Grants Fund No. 1068 for preservation and cataloging of local history materials. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Noyola, and Scott, ,oting "Aye Marez was absent. 4.a. RESOLUTION NO 027012 Resolution authorizing the City Manager or his designee to execute a $15,000 Solid Waste Grant Interlocal Agreement with the Coastal Bend Council of Governments for recycling and anti -litter education. with a City match of $10,000, and a total project cost of $25,000. The foregoing resolution was passed and approved with the following vote: Garrett, Chesney. Cooper, Garcia, Kelly, Kinnison, Noyola, and Scott, voting "Aye"; Marez was absent 4.b. ORDINANCE NO. 027013 Ordinance appropr ating a $15,000 grant from the Coastal Bend Council of Governments in the No 1051 Solid Waste Grants Fund for recycling and anti -litter education, with a City match of $10,000, in the No. 1 020 General Fund, Org. 12500 and a total project cost of $25.000. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Noyola, and Scott, voting "Aye Marez was absent. 5. ORDINANCE NO. 027014 Ordinance appropriating $202,290 from the estimated program income revenue in the No. 1066 Health Grants Fund as State Fiscal Year 2006-2007 program income to fund laboratory and nursing services for the period of 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 was absent. Minutes - Regular Counci Meeting October 10 2006 - Page 6. ORDINANCE NO. 027015 Ordinance appropriating additional grant funding for FY 2005-2006 from the Department of State Health Services in the amount of $153,800 in the No. 1066 Health Grants Fund for personnel, supplies, and equipment for the Women, Infants, and Children program. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Noyola, and Scott, voting "Aye": Marez was absent Mayor Garrett opened discussion on Item 7 regarding a professional services contract for the new Southside Library. Mr. Abel Alonzo thanked the city for making the Bond 2004 program a reality. City Secretary Chapa polled the Council for their votes as follows: 7.a. ORDINANCE NO. 027016 Ordinance approving an advance of $292,524 from the Street 2005 Capital Improvement Program Fund No 3541 to and appropriating in the Library 2006 Capital Improvement Program Fund No 3225 for the Southside Library Project; amending the FY 2006-2007 Capital Budget adopted by Ordinance No. 026997 by increasing appropriations by $292,524. 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 7.b. MOTION NO. 2006-326 Motion authorizing the City Manager or his designee to execute Amendment No. 1 to the Contract for Professional Services with WKMC Architects, Inc., of Corpus Christi, Texas in the amount of $292,524 for a total restated fee of $307,524 for the New Southside Library. (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 8 regarding the Rincon Bayou Diversion Project 2006-2007. Mr. Scott asked staff to provide information on the costs and timeline for environmental improvements for this project. Assistant City Manager Ron Massey responded to Mr. Scott's questions regarding the benefits of the diversion project. City Secretary Chapa polled the Council for their votes as follows: 8.a. MOTION NO. 2006-327 Motion authorizing the City Manager or his designee to execute a contract with the Center for Coastal Studies, Texas A&M University - Corpus Christi not to exceed $149,940.68 for Ammonia and Biological Monitoring associated with the Rincon Bayou Diversion Project 2006-2007. The foregoing motion was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Noyola, and Scott, voting "Aye"; Marez was absent. Minutes — Regular Counci Meeting October 10. 2006 - Page :1. 8.b. MOTION NO. 2006-328 Motion authorizing the City Manager or his designee to execute a contract with the Division of Nearshore Research, Texas A&M University -Corpus Christi not to exceed $114,844 for Salinity and Freshwater Inflow Monitoring associated with the Rincon Bayou Diversion Project 2006-2007 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. 8.c. MOTION NO. 2006-329 Motion authorizing the City Manager or his designee to execute a contract with the Harte Research Institute Texas A&M University - Corpus Christi not to exceed $58,500 for Biological Monitoring associated with the Rincon Bayou Diversion Project 2006-2007. 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. 8.d. MOTION NO. 2006-330 Motion authorizing the City Manager or his designee to execute a contract with the University of Texas Marine Sciences Institute in an amount not to exceed $207,764 for biological monitoring services associated with the Rincon Bayou Diversion Project 2006-2007. 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 9 regarding the election order ordinance for the April 14. 2007 City Council election. City Secretary Chapa responded to Councilmember Noyola's questions about the permanent and mobile sites in his district. The foregoing ordinance was passed and approved on its second reading with the following vote: 9. ORDINANCE NO. 027017 Ordering a Genera. Election to be held on April 14, 2007, in the City of Corpus Christi for the election of Mayor and eight Council Members; providing for procedures for holding such election; providing {or Notice of Election and Publication thereof; providing for establishment of branch early polling places; designating polling place locations; authorizing the City Secretary to contract with the Nueces County Election Officer for equipment and supplies necessary to conduct the election; selection of May 12, 2007, as the Runoff election date, if one is necessary; enacting provisions incident and relating to the subject and purpose of this ordinance. (First Reading 09/26/06) The foregoing ordinance was passed and approved on its second reading with the following vote: Garrett. Chesney. Cooper_ Garcia, Kelly, Kinnison, Noyola, and Scott, voting "Aye"; Marez was absent Mayor Garrett referred to Item 16 regarding the Junior League SkatePark groundbreaking ceremony, to be held on Sunday, October 15, 2006, at 3:00 p.m., Cole Park. Ms. Janice Cubellis and Ms. Barbara Milfert, SkatePark Project Co -Chairs, briefed the Council on construction plans for Minutes - Regular Counci Meeting October 10, 2006 - Page the SkatePark. and invitee them to attend the ceremony. Council members asked questions regarding the ornamental fencing around the park; and asked that former City Councilmember John Longoria be invited to the ceremony. The Council also congratulated the Junior League for making the project a reality. Mayor Garrett referred to Item 10, and a motion was made, seconded and passed to open the public hearing on the following zoning case: Case No. 0806-04, Scott Electric Company, Inc.: A change of zoning from a "R-1 B" One - family Dwelling District to a "1-2" Light Industrial District for Shoreline Park, Block 7, Lot 9, located approximately 95 feet west of North Port Avenue. City Secretary Chapa said the Planning Commission and staff recommended the approval of the "R-1 B" One -family Dwelling District. City Secretary Chapa also announced that Councilmember Garcia was abstaining from the vote and discussion on this item. No one spoke in opposition to the zoning change. Mr. Kinnison made a motion to close the public hearing, seconded by Mr. Scott. and passed. Staff responded to Councilmember Kelly's questions regarding the possible effect of the North Port Avenue expansion project, and about the developer's plans for the project. City Secretary Chapa polled the Council for their votes as follows: 10. ORDINANCE NO. 027018 Amending the Zoning Ordinance, upon application by Scott Electric Company, Inc., by changing the zoning map in reference to Shoreline Park Subdivision, Block 7, Lot 9, from "R- 1 B" One -family Dwelling District to "1-2" Light Industrial District; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan; providing a penalty An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett. Chesney, Cooper, Kelly, Kinnison, and Noyola, voting "Aye"; Marez and Scott were absent; Garcia abstained. Mayor Garrett referred to Item 1" , and a motion was made, seconded, and passed to open the public hearing on the following zoning case: Case No. 0806-06, Hogan Development Company, L.P.: A change of zoning from a "F -R" Farm -Rural District to a "R -1B" One -family Dwelling District on 37.60 acres in Lots 2, 3, 11, and 12, Section 32 of the Flour Bluff and Encinal Farm and Garden Tracts, located on Wooldridge Road approximately 1,265 feet east of Las Brisas Drive. City Secretary Chapa stated that the Planning Commission and staff recommended approval of the "R -1B" One -family Dwelling District.. No one appeared in opposition to the zoning change. Ms. Cooper made a motion to close the public hearing, seconded by Mr. Chesney, and passed. Mr. Chapa polled the Council for their Minutes — Regular Counci'. Meeting October 10. 2006 - Page 6 votes as follows: 11. ORDINANCE NO. 027019 Amending the Zoning Ordinance, upon application by Hogan Development Company, L.P., by changing the zoning map in reference to Flour Bluff and Encinal Farm and Garden Tracts Lots 2, 3, 11, and 12, Section 32, from `F -R" Farm -Rural District to "R -1B" One -family Dwelling District; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan; providing a penalty. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, and Noyola, voting "Aye"; Marez and Scott were absent. Mayor Garrett opened discussion on Item 12 regarding an appeal from Mark DiCarlo of a Cable Communications Ccmmission decision regarding violation of Rules and Procedures for Public Access Cablecasting. Ms. Susan Cable, director of E -Government Services, reviewed the recommended process that staff had developed to conduct the proceedings. Mr DiCarlo presented his case for the appeal. Mr. Bob White, Cable Communications Commission chairman, rebutted Mr. DiCarlo's comments. A discussion ensued among the Council. !Mr. Marez arrived at 10:55 a.m. Councilmember Chesney made a motion to refer the appeal of Mark DiCarlo back to the Cable Communications Commission for another hearing; seconded by Ms. Cooper. City Secretary Chapa polled the Council or their votes as follows: 12. MOTION NO. 2006-331 Motion to refer the appeal of Mark DiCarlo back to the Cable Communications Commission for another hearinc The foregoing motion was passed and approved with the following vote: Garrett, Chesney, Cooper, Kelly, Kinnison, Marez, and Scott, voting "Aye"; Garcia and Noyola, voting "No". A discussion ensued over the time and date of the hearing. Councilmember Chesney asked the Cable Communications Commission to take Mr. DiCarlo's trial schedule into consideration when determining the hearing date and time. Mayor Garrett opened discussion on Item 13 regarding the approval of the 2006 Tax Levy. Director of Financial Services Cindy O'Brien stated that Nueces County provided the certification of the tax levy in the amount of $68,230,748 In addition, she said the levy reflected the losses due to the over-65/disabled homestead tax freeze, which was in its second year of implementation. She noted that since current budgeted revenues were sufficient to cover the effects of the freeze reduction, a budget amendment would not be necessary. City Manager Noe and Assistant City Manager Oscar Martinez responded to Mr. Garcia's questions about the effects of the tax freeze on the budget and ways to recoup the losses. There were no comments from the public City Secretary Chapa polled the Council for their votes as follows. Minutes — Regular Council Meeting October 10. 2006 — Page 3. MOTION NO. 2006-332 Motion approving the 2006 Tax Levy of $68,230,748 based on the adopted tax rate of $0.602372 per $100 valuation, in accordance with Section 26.09(e) of the Texas Property Tax Code. The foregoing motion was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia. Kelly, Kinnison. Marez, and Noyola, voting "Aye"; Scott was absent. Mayor Garrett opened discussion on Item 14 regarding amendments to the beach access plan for Packery Channel. City Manager Noe noted that the changes were requested by the Texas General Land Office to ensure compliance with State statutes. He said the changes included a requirement for a 30 -vehicle parking lot adjacent to the south jetty and a requirement for a shuttle system to move people between the beach parking lot and south jetty. Mayor Garrett asked for public comment. Mr. Bill Kopecky, 3609 Topeka, spoke regarding election information being circulated by the city regarding the beach access issue. Council members asked questions regarding the financial obligation for the 30 -space parking lot and the shuttle system City Secretary, Chapa polled the Council for their votes as follows: 14. RESOLUTION NO. 027020 Resolution amending Resolution 026965 which outlined the terms of the beach access plan for the approximately 7,200 -foot public pedestrian -safe beach between Packery Channel and the north boundary of Padre Balli Park upon approval of the public pedestrian -safe beach by the voters to include additional provisions for public access to the south jetty of Packery Channel. The foregoing resolution was passed and approved with the following vote: Garrett, Chesney. Cooper, Garcia, Kinnison, Marez, Noyola, and Scott, voting "Aye"; Kelly abstained. Mayor Garrett opened discussion on Item 15 regarding the site acquisition for the new Broadway Wastewater Treatment Plant at the Flint Hills Tank Farm site. Mayor Garrett called for public comment. The following individuals spoke in opposition to the proposed site for the new Broadway Wastewater Treatment Plant: Mr. Errol Summerlin with Texas Rio Grande Legal Aid agency (legal counsel for the Hillcrest Neighborhood Association); Mr. Henry Williams, 4420 Summer; and Mr. Craig Brown, Flint Hills Resources director of public affairs. Mr Abel Alonzo spoke ,n favor of the proposed site for the new Broadway Wastewater Treatment Plant. Mayor Garrett called for a brief recess to present proclamations. He said he would resume the discussion on Item 15 after the break. Mayor Garrett called for petitions from the audience. Mr. Jack Gordy, 4118 Bray, spoke regarding the city's policy for political signs. Mr. J.E. O'Brien, 4130 Pompano, spoke in favor of the creation of a city internal auditor position Minutes - Regular Councii Meeting October 10. 2006 - Page 8 Mayor Garrett announced the executive sessions, which were listed on the agenda as follows 20. Executive session under Texas Government Code Section 551.071 regarding fire collective bargaining negotiations.. with possible discussion and action related thereto in open session. 21. Executive session under Texas Government Code Section 551.071 regarding police collective bargaining negotiations. with possible discussion and action related thereto in open session. 22. Executive session under Texas Government Code Section 551.071 regarding Larry Young, et al v. City of Corpus Christi, Cause No. 01-647-C, in the 94th Judicial District Court, with possible discussion and action related thereto in open session. 23. WITHDRAWN attofneys regar-ding legal issues related to Garwood Water, with poccible discuscion and action related thereto in open session. The Council went into executive session. The Council returned from executive session. Mayor Garrett resumed the discussion on Item 15 regarding the proposed site for the new Broadway Wastewater Treatment Plant. Mr. Kelly asked questions regarding the alternative resolution proposed by Mr. Errol Summerlin, representing the Hillcrest Neighborhood Association. City Engineer Angel Escobar provided background on the city's selection process for the new Broadway Treatment Plant site. City Secretary Chapa polled the Council for their votes as follows: 15. RESOLUTION NO. 027021 Resolution determining a public necessity to acquire fee simple title to the surface estate only to a tract of land containing 16.839 acres out of a 45.15 acre tract out of the Enriquez Villareal Survey A-1, and the Jose Maria Bargass Survey A-17, from the owner, Flint Hills Resources, LP, for the public purpose and use as a wastewater treatment plant and other related sewage system purposes; and authorizing the City Manager and the City Attorney to obtain the acquisition by means of negotiations or by exercise of the City's power of eminent domain. The foregoing resolution was passed and approved with the following vote: Garrett, Chesney, Cooper. Garcia, Kinnison, and Scott, voting "Aye"; Kelly, Marez, and Noyola, voting "No" Mayor Garrett referred to the presentations on the day's agenda. He noted that Item 17 regarding the CVB's quarterly report was being rescheduled. The next presentation was Item 18 a conceptual design presentation for the Bayfront Master Minutes — Regular Counci Meeting October 10. 2006 — Page Plan Implementation Phase 1. Mr. Raymond Gignac with Gignac & Associates and Mr. Alan Ward with Sasaki & Associates presented information on the following subjects: Master Plan update; SEATown signage and trailblazing concept; SEATown District design guidelines; Bayfront Park update. and DTown bus shelter and kiosk prototype. Council members asked questions about the proposed loop in front of the Art Museum of South Texas and the Water Garden; preliminary financials and plans for Phase 2 of the project (beyond Resaca Street) including single family housing projection; plans for private sector contributions toward improvements; feedback on downtown growth; parking lot construction; and timelines for completion of Phase 1. Mr. Gignac stated that construction on Phase 1 would begin in summer 2007. and would take approximately 12 to 14 months to execute. NOTE item 18, a presentation on the Red Light Camera Program, was postponed) Mayor Garrett called for the City Manager's report. City Manager Noe announced that the NIP #17 Kickoff meeting would be held at Sam Houston Elementary School, 363 Norton, today at 6:00 p.m. Mayor Garrett reported that the City Council evaluated City Manager Noe's job performance last week during an executive session. He clarified that although the Council did not make any comments when they returned from executive session, this did not imply that his evaluation was unfavorable; rather he stated that the Council was pleased with his performance. The Mayor said that Mr. Noe asked that the Council postpone any salary increase until city employees received a raise in the near future Mayor Garrett encouraged the public to visit the new addition to the Art Museum of South Texas. He said he attended the community grand opening on Sunday, and the building was spectacular. He stated that the city would assume ownership of the building. Mayor Garrett called for Council concerns and reports. Mr. Marez reminded the public to attend the NIP #17 Kickoff meeting tonight. He also encouraged the public to attend the groundbreaking ceremony for the SkatePark at Cole Park this Sunday. Finally, Mr. Marez spoke regarding a group's concern that landscaping was obscuring the Falcon statue downtown. City Manager Noe replied that he and Parks and Recreation staff met with the group yesterday to address the problem Ms. Cooper asked for an update on the NLC's Inclusive Community Partnership. Mr. Noe replied that Human Relations Director Leon Bazan was unavailable to provide an update, so he would provide a status later. He said he knew the city had ordered signs for the various locations, and he would report later on the timeframe for installation Ms. Cooper also stated that the next town hall meeting would be held next Monday, October 16, at Meadowbrook Elementary. Mr. Scott thanked Mr. Noe and staff for their efforts in making the Packery Channel opening last week a success. He also complimented Mr. Noe on his job performance, and said he admired Mr. Noe's decision to postpone any salary increase in his contract until city employees received one. Mr Garcia asked for information on Director of Financial Services Cindy O'Brien's memo concerning the internal auditor position. He said he would speak with her later. Mr. Garcia also complimented Mr. Noe on his job performance. Minutes - Regular Councr. Meeting October 10, 2006 -- Page 10 There being no further business to come before the Council, Mayor Garrett adjourned the Council meeting at 2:55 p m. on October 10, 2006.