HomeMy WebLinkAboutMinutes City Council - 07/26/2005I 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 July 26. 2005, which were approved by the
('ity Council on August 23, 2005.
WITNESSETH MY HAND AND SEAL. on this the 23rd day of August, 2005.
1
Armando Chapa
City Secretary
SEAL
MINUTES
CITY OF CORPUS CHRISTI, TEXAS
Regular Council Meeting
July 26, 2005 - 10:01 a.m.
PRESENT
Mayor Henry Garrett
Mayor Pro Tem Brent Chesney
Council Members:
Melody Cooper
Jerry Garcia
Rex Kinnison
Bill Kell,
John E. Marez
Jesse Novola
Mark Scott
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 Reverend Derrick E. Reaves of St. John Baptist Church, and
the Pledge of Allegiance to the United States flag was led by Council Member Chesney.
Mayor Garrett called for approval of the minutes of the regular Council meeting of July 19,
2005 A motion was made and passed to approve the minutes as presented.
* * * * * * * * * * * * *
Mayor Garrett deviated from the agenda and opened discussion on Item 34 regarding
additional funding for the South Texas Military Task Force. Former Mayor Loyd Neal reported a
hearing was held in San Antonio recently to discuss the Base Closure and Realignment process.
After the hearing. the BRAC commission met and recommended the addition of a number of military
installations to the base closure list, including Oceana Naval Air Station in Virginia. He said BRAC
Commissioner General Hill recommended the closure and realignment of Oceana NAS, suggesting
that a number of aircraft from this base could be relocated to NAS Kingsville, and a nuclear carrier
could be brought into the western gulf several times a year for carrier qualifications. He noted that
adding a base to the BRAC list required a supermajority of the commissioners (7 out of 9).
Mr. Neal reported there were approximately six weeks left in the entire process before the
commission took a vote to either close, realign, or remove bases from the list. A conference call was
held last Friday between local governmental representatives and Mr. Spike Karlekas with Karlekas
and Moone in Washington, D.C. Mr. Karlekas and his firm were charged with hiring analysts who
would build a case for NAS Ingleside, NAS Kingsville, and NAS Corpus Christi under sixteen or
seventeen different scenarios - e.g. if NAS Oceana was closed, if NAS Oceana was realigned, etc.
Since the analysts would have to compile the data on a tight time line, Mr. Neal said the cost would
be approximately $350,000 to $400,000. He said the task force was recommending that the cost be
split among the regional governmental entities. San Patricio County had approved $100,000 in
funding which they had given to the North Bay Task Force. The City of Kingsville and Kleberg
Minutes - Regular Council Meeting
July 26, 2005 - Page 2
County had approved $50,000 each. Nueces County was being asked for $200,000, which they
would discuss at their meeting tomorrow. The city was being asked today to fund $75,000 towards
the effort.
Mr. Neal stated while this development presented a good opportunity for the preservation of
the area's naval bases, it was not a certainty. He said the State of Virginia had a number of powerful
elected officials who would fight the closure of NAS Oceana. He pointed out, however, that NAS
C)ceana had serious issues with encroachment and noise pollution that would have to be addressed
in spine manner. either through realignment or reallocation of resources. NAS Kingsville did not
have encroachment or noise problems.
Mr. Neal introduced Mr. 'ferry Carter with the Chamber of Commerce to explain the
Chamber's role as fiducian agent for the South Texas Military Facilities Task Force. Mr. Carter
stated the Chamber employed a CPA who reviewed the receipts and disbursements of the account
on a monthly basis. They distributed the funds based on approved invoices only. He said they
maintained two separate funds. one for the South 'texas Military Facilities Task Force, and the other
for tfie revenues and expenditures made over the last several weeks related to the regional meeting
held in San Antonio. Mr. Neal added any monies remaining from the effort would be redistributed
�the governmental entities on a pro rata basis.
In response to Mayor Garrett's question, Mr. Neal stated the task force's goal was to
strengthen the position of NAS Kingsville by adding one or more of the training squadrons from
NAS Oceana. It was also a natural fit to upgrade the tasks of NAS Corpus Christi, and to bring a
nuclear carrier into NAS Ingleside on a regular basis. He said if these events were to occur, the
impact on the bases would be enormous.
Mr. Scott asked what the impact of bringing the training squadrons to NAS Kingsville would
be Mr. Neal replied there were over 500 landings and takeoffs daily from NAS Oceana. If NAS
K ingsville were to get one squadron from NAS Oceana_ it could translate into well over a 1,000 new
johs and hundreds of millions of dollars in additional payroll and contracts for the South Texas area.
Most importantly, he said the task force would have another mission for NAS Ingleside. Mr. Scott
asked when the BRAC commission would make a final decision. Mr. Neal replied the commission
could make a decision before Labor Day.
Mr. Scott stated he had complete confidence in the integrity of the Chamber of Commerce,
Mr. Neal, and everyone associated with the South Texas Military Facilities Task Force.
Mayor Garrett asked City Manager Noe how the city would fund their $75,000 portion. Mr.
Noe replied the initiative could be prorated among the city's General and Enterprise funds. He said
the bulk of the $75,000 would come from the reserve appropriations in each of the operating funds
as follows: General Fund Economic Development Org. - $1,250; General Fund Reserve
Appropriation - $28,000; Water Fund Reserve Appropriation - $22,000; Wastewater Fund Reserve
Appropriation - $11.250; and Gas Fund Reserve Appropriation - $12,000.
0
Mayor Garrett asked for public comment. Mr. Bill Kopecky, 3609 Topeka, spoke in support
he task force's efforts and the additional funding. but questioned expending utility funds instead
Minutes - Regular Council Meeting
July 26. 2005 - Page 3
of general funds for the city's share . Mr. Abel Alonzo, 1701 Thames, spoke in support of providing
the additional funding, and encouraged the city and the county to work together to reach this goal.
A motion was made, seconded, and passed to approve Item 34 as follows:
MOTION NO. 2005-251
Motion to authorize an expenditure of $75,000 from the FY06 Budget as the City's portion
of additional funding to he contributed to the South Texas Military Task Force.
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 referred to Item 2 and the following hoard appointments were made:
Corpus Christi Convention and Visitors Bureau Board
Dan Viola (Reappointed)
Jody Patel (Reappointed)
Daniel Dain (Appointed)
Robert Tamez (Appointed)
Corbett 'Butch" Pool (Appointed)
Planning, Commission
Atilano Javier Huerta (Appointed)
* * * * * * * * * * * * *
Mayor Garrett called for consideration of the consent agenda (Items 3 - 26). City Secretary
Chapa announced that Mr. Noyola would be abstaining from Items 3, 23, and 26.e. Mr. Scott stated
he would be abstaining from the vote and discussion on Item 21. Mr. Bill Kopecky, 3609 Topeka,
requested that Item 26.d. be pulled for individual consideration. Council members requested that
Item 15 be pulled for individual consideration. A motion was made and passed to approve Items 3
through 26, constituting the consent agenda, except for Items 15 and 26.d., which were pulled for
individual consideration. City Secretary Chapa polled the Council for their votes as follows:
MOTION NO. 2005-230
Motion approving the purchase of a chiller monitoring system from Total Sense Corporation,
of Corpus Christi, Texas based on sole source for the total amount of $32,800. The system
will be installed on the air conditioning system located at the Corpus Christi International
Airport. Funds are available in the Building Maintenance Capital Budget of the Airport
Fund.
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
July 26. 2005 - Page 4
MOTION NO. 2005-231
Motion approving the purchase of four (4) riding mowers from John Deere Commercial, of
Cary, North Carolina in accordance with the cooperative purchasing agreement with the
Texas Local Government Purchasing Cooperative (TLGPC), for a total amount of
$40,868.52. The riding mowers will be used by the Parks and Recreation Department.
Funds are available in the FY 2004-2005 Park Operations Budget.
fhe foregoing motion was passed and approved with the following vote: Garrett, Chesney,
Cooper, Garcia, Kelly. Kinnison. Marez. Noyola_ and Scott. voting "Aye".
MOTION NO. 2005-232
Motion authorizing the City Manager or his designee to accept a grant in the amount of
541.404 from the State of Texas, Criminal Justice Division for funding available under the
Victims of Crime Act (VOC'A) Fund and to execute all related documents.
The foregoing motion was passed and approved with the following vote: Garrett, Chesney,
Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye".
ORDINANCE NO. 026355
Ordinance appropriating $41,404 from the State of Texas, Criminal Justice Division in the
No. 1061 Police Grants Fund for funding available under the Victims of Crime Act (VOCA)
Fund.
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 ORDINANCE NO. 026356
Ordinance appropriating $26,425 of revenue from the sale of obsolete Corpus Christi Police
Department (CCPD) weapons in the No. 1020 General Fund for the purchase of CCPD
ammunition; amending the Operating Budget adopted by Ordinance 025878 by increasing
appropriations by $26,425.
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
July 26. 2005 - Page 5
MOTION NO. 2005-233
Motion authorizing the Director of the Public Health District to execute an agreement with
the Texas A & M University System Health Science Center - Coastal Bend Health Education
Center to provide community health education for diabetes in the amount of $75,129 in the
No. 1066 Health Grants fund for diabetes prevention and management services.
The foregoing motion was passed and approved with the following vote: Garrett, Chesney,
Cooper, Garcia. Kelly, Kinnison. Marez. Noyola, and Scott. voting "Aye".
a. RESOLUTION NO. 026357
Resolution authorizing the City Manager or his designee to accept a grant in the amount of
$15.000 in the No. 1067 Federal/State Grants Fund to be used for the Coordinated
Community Approach to Promote Wellness (CCAPWeII) and develop a strategic plan to
combat obesity in our community.
The foregoing resolution was passed and approved with the following vote: Garrett, Chesney,
Cooper. Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye".
8 h. ORDINANCE NO. 026358
Ordinance appropriating a grant from the Texas Department of Health in the amount of
$15,000 in the No. 1067 Federal/State Grants Fund for the Coordinated Community
Approach to Promote Wellness (CCAPWeII) and develop a strategic plan to combat obesity
in our community.
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"
MOTION NO. 2005-234
Motion authorizing the City Manager or his designee to reinstate the FY2002 Community
Development Block Grant agreement with the Westside Business Association, amend the
scope of work, and extend the contract term through March 31, 2006.
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
July 2.6. 2005 - Page 6
9 h. MOTION NO. 2005-235
Motion authorizing the City Manager or his designee to execute an amendment to the
FY2004 Community Development Block Grant agreement with the Nueces County
Community Action Agency to modify the scope of work.
The foregoing motion was passed and approved with the following vote: Garrett, Chesney,
Cooper. Garcia, Kelly, Kinnison, Marez, Noyola. and Scott. voting "Aye".
MOTION NO. 2005-236
Motion to modify the scope of work proposed by the Nueces County Community Action
Agency to be completed with FY2005 Community Development Block Grant funds.
The foregoing motion was passed and approved with the following vote: Garrett, Chesney,
Cooper. Garcia. Kelly, Kinnison, Marez, Novola, and Scott, voting "Aye".
9 d. MOTION NO. 2005-237
0 e.
Motion authorizing the City Manager or his designee to execute a subrecipient agreement
in the amount of $87.000 with the Corpus Christi Police Athletic League for funds provided
from the FY2004 Community Development Block Grant Program.
The foregoing motion was passed and approved with the following vote: Garrett, Chesney,
Cooper. Garcia. Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye".
MOTION NO. 2005-238
Motion authorizing the City Manager or his designee to execute a subrecipient agreement in
the amount of $40,000 with God's Gym for funds provided from the FY2003 Community
Development Block Grant Program.
The foregoing motion was passed and approved with the following vote: Garrett, Chesney,
Cooper. Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye".
10 MOTION NO. 2005-239
Motion authorizing the City Manager or his designee to execute a construction contract with
TL Electric, of Corpus Christi, Texas in the amount of $57,800 for the Health Department
Emergency Power Supply project.
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
July 26, 2005 - Page 7
1 a MOTION NO. 2005-240
Motion authorizing the City Manager or his designee to execute a construction contract with
Longhorn Excavation, Inc.. of Richmond. Texas in the amount of $1,825,681.90 for the J.
C. Elliott Landfill Sector 11 Liner Improvements and Final Cover Installation.
The foregoing motion was passed and approved with the following vote: Garrett, Chesney,
Cooper. Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye".
h MOTION NO. 2005-241
Motion authorizing the City Manager or his designee to execute a Materials Inspection,
Testing and Laboratory Services Contract in the amount of $137,596 with Kleinfelder of
Corpus Christi, Texas for the J. C Elliott Landfill Sector 1 1 Liner Improvements and Final
Cover Installation.
The foregoing motion was passed and approved with the following vote: Garrett, Chesney,
Cooper. Garcia, Kelly, Kinnison, Marez. Noyola, and Scott, voting "Aye".
'. MOTION NO. 2005-242
Motion authorizing the City Manager or his designee to execute a construction contract with
King Isles, Inc., of Corpus Christi, Texas in the amount of $319,112 for the McKinzie Road
Utility Relocation, Phase 2 (Equistar to Haven Drive).
The foregoing motion was passed and approved with the following vote: Garrett, Chesney,
Cooper. Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye".
MOTION NO. 2005-243
Motion authorizing the City Manager or his designee to execute a Right -of -Way and Utility
Easement instrument with Patricia Wallace, Trustee #2, for the acquisition of Parcel 502B
in the total amount of $41,000. containing a Utility, Right -of -Way, and Temporary
Construction Easement, necessary for the Southside Water Transmission Main, Phase 5,
Project #8391 and for other municipal purposes.
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
luh 26, 2005 - Page 8
1-1. MOTION NO. 2005-244
Motion authorizing the City Manager or his designee to execute Change Order No. 5 to a
construction contract with Beecroft Construction Co., of Corpus Christi, Texas in the amount
of $80,600 for the Business Conference/Meeting Room Build -Out.
The foregoing motion was passed and approved with the following vote: Garrett, Chesney,
Cooper, Garcia, Kelly, Kinnison. Marez, Noyola, and Scott, voting "Aye".
ORDINANCE NO. 026359
Ordinance amending the Code of Ordinances. Section 53-113, Speed in School Zones, by
adding a reference to the Manual on 1lniform Traffic Control Devices; 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.
ORDINANCE NO. 026360
Ordinance amending the Code of Ordinances Chapter 53 -Traffic, Section 53-250, Schedule
I, One-way streets and alleys, Section (b) School areas, by establishing a one-way traffic
pattern on the following street sections during the designated school zone hours of Galvan
Elementary School:
Westbound one-way pattern on Masterson Drive between Kostoryz Road and White
Bird Drive.
Northbound one-way pattern on White Bird Drive between Masterson Drive and
Elderberry Lane; and 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'.
ORDINANCE NO. 026361
Ordinance appropriating estimated increased revenues of $638,887 in the No. 5010 Stores
Fund to cover projected increased expenses in the Warehouse Division related to cost of
warehouse merchandise sold; amending Operating Budget adopted by Ordinance 025878 by
increasing estimated revenues and appropriations by $638,887 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".
Minutes - Regular Council Meeting
,lulu 26. 2005 - Page 9
19
ORDINANCE NO. 026362
Ordinance appropriating $75,892 from the Building Security Reserve in the No. 1020
General Fund for additional security at City Magistration and Detention Center; amending
Operating Budget adopted by Ordinance 025878 by increasing appropriations by $75,892.
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 "AyeTh
2_n MOTION NO. 2005-246
Motion authorizing the Cite Manager to execute a Deferment Agreement with Shoreline
Oaks, Inc., (Developer). in the amount of $52.700.91 for public improvements including
street pavement, curb, gutter and sidewalks. for the future street construction improvements
to Purdue Road west of Flour Bluff Drive for a distance of 835 linear feet within the
Shoreline Oaks Subdivision Unit 1. in accordance with the Platting Ordinance.
The foregoing motion was passed and approved with the following vote: Garrett, Chesney,
Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye".
ORDINANCE NO. 026363
Ordinance authorizing the City Manager or his designee to execute a Participation
Agreement with Alty Enterprises, Inc., Developer of Greystone Subdivision - Unit 1, for the
construction of the one-half street (Sydney Street), located approximately 1,300 linear feet
south of Slough Road, east of Rodd Field Road, and north of Master Ditch 31; in accordance
with the Platting Ordinance, of which the City's share of cost shall not exceed $88,443.79.
An emergency was declared, and the foregoing ordinance was passed and approved with the
following vote: Garrett, Chesney. Cooper. Garcia. Kelly, Kinnison, Marez, and Noyola,
voting "Aye"; Scott abstained.
ORDINANCE NO. 026364
Ordinance abandoning and vacating a 1,177 -square foot portion of a 10 -foot wide utility
easement out of Lot 1B, Block 221. Port Aransas Cliffs; approximately 2,500 feet south of
Doddridge Street and 400 feet east of Santa Fe Street; requiring the owner Dr. Darrel Ferris,
to comply 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
July 26, 2005 - Page 10
ORDINANCE NO. 026365
Authorizing the City Manager or his designee to execute a lease with the United States
Department of Transportation, Federal Aviation Administration, in consideration of
operation and maintenance of Outer Marker facilities from October 1, 2005 through
September 30, 2015. (First Reading 06/28/05)
Ile foregoing ordinance was passed and approved on its second reading with the following
vote: Garrett. Chesney. Cooper. Garcia, Kelly, Kinnison, Marez, and Scott, voting "Aye";
Noyola abstained.
,l a MOTION NO. 2005-247
Motion to amend prior to second reading ordinance amending the Code of Ordinances, City
of Corpus Christi, Chapter 55 regarding rules and procedures for public access cablecasting
by replacing "user- with -producer- and clarifying schedule provided to cable operators by
access user group.
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. 026366
Amending the Code of Ordinances, City of Corpus Christi, Chapter 55 regarding Rules and
Procedures for Public Access Cablecasting. (First Reading 07/19/05)
The foregoing ordinance was passed and approved on its second reading with the following
vote: Garrett. Chesney, Cooper. Garcia. Kelly. Kinnison, Marez, Noyola, and Scott, voting
"Aye"
ORDINANCE NO. 026367
Amending the Code of Ordinances by revising Section 39-301 Definitions; revising Section
39-303, Standard Classifications, Pay Plans, Pay Grades, and Ranges, as amended; and
providing for pay adjustments to relieve pay compression; revising Section 39-306 Full Time
Employees; revising Section 39-334 Plan I Bereavement Leave; revising Section 39-338 Plan
I Use of Personal Leave and Vacation in lieu of Sick Leave; revising Section 39-350 Plan II
Bereavement Leave: revising Section 39-353 Plan 11 Use of Personal Leave and Vacation in
lieu of Sick Leave; repealing all other ordinances, and rules, or parts of ordinances and rules,
in conflict with this ordinance: providing for effective date. (First Reading 07/19/05)
The foregoing ordinance was passed and approved on its second reading with the following
vote: Garrett, Chesney, Cooper, Garcia, Kelly. Kinnison, Marez, Noyola, and Scott, voting
"Aye".
Minutes - Regular Council Meeting
i uh 26, 2005 - Page 11
ORDINANCE NO. 026368
Amending the Code of Ordinances, City of Corpus Christi, Chapter 55, Utilities, regarding
Water. Gas and Wastewater Rates: providing for an effective date. (First Reading 07/19/05)
The foregoing ordinance was passed and approved on its second reading with the following
vote: Garrett, Chesney. Cooper. Garcia, Kelly. Kinnison, Marez, Noyola, and Scott, voting
6.1,. ORDINANCE NO. 026369
Amending Section 55-63 and 55-70. Cock of Ordinances, City of Corpus Christi, regarding
fees for servicing gas appliances and gas tap tees. (First Reading 07/19/05)
The foregoing ordinance was passed and approved on its second reading with the following
vote: Garrett, Chesney. Cooper. Garcia, Kelly. Kinnison. Marez, Noyola, and Scott, voting
. 6.�. ORDINANCE NO. 026370
Amending Section 35-92. Code of Ordinances, City of Corpus Christi, to impose an
administrative fee for the transfer of an oil and gas well permit; providing for penalties.
(First Reading 07/19/05)
The foregoing ordinance was passed and approved on its second reading with the following
vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting
"Aye".
26.c. ORDINANCE NO. 026372
Amending Section 9-35.1 Code of Ordinances, to add discounts for parking for thirty days
or longer, waiver of certain parking fees. and commuter monthly parking permits for flight
staff of airlines and code -sharing airlines based at the Corpus Christi International Airport;
providing for repeal of conflicting ordinances; providing for penalties; providing for an
effective date. (First Reading 07/19/05)
The foregoing ordinance was passed and approved on its second reading with the following
vote: Garrett, Chesney. Cooper, Garcia, Kelly, Kinnison, Marez, and Scott, voting "Aye";
Noyola abstained.
Mayor Garrett opened discussion on Item 26.d. regarding increases in solid waste collection
service fees. Mr. Bill Kopecky, 3609 Topeka, spoke against the increases in the garbage collection
fees, saying these types of increases were excessive and would offset any decrease in the property
taxes. City Secretary Chapa polled the Council for their votes as follows:
Minutes - Regular Council Meeting
July 26, 2005 - Page 12
26.d ORDINANCE NO. 026371
Increasing Resource Recovery Fees in Chapter 21, Code of Ordinances, City of Corpus
Christi; providing an effective date. (First Reading 07/19/05)
The foregoing ordinance was passed and approved on its second reading with the following
vote: Garrett, Chesney, Cooper. Garcia, Kelly, Kinnison. Marez, Noyola, and Scott, voting
. Ave".
Mayor Garrett opened discussion on Item 15 regarding the LIDAR (Light Imaging Detection
and Ranging) mapping for Padre and Mustang Islands. Responding to Mr. Garcia's question, City
ngineer Angel Escobar explained the city had coordinated with the Texas Department of
ran.portation (x -DOT) to develop a Storm Water Master Plan that can be used for highway
cvpansion (specifically of SH 361 )and continued development of the Padre and Mustang Islands.
1 le said the city proposed joining with Texas A&M ['niversity- Corpus Christi to provide LIDAR
t 1 fight Imaging Detection and Ranging) data collection of the Padre/Mustang Island Basin, which
is approximately 23 square miles. The LIDAR data collection will allow for the creation of Storm
Water Master Plan Contour Map Sheets and for various coastline and land use studies. He said the
C rtv of Corpus Christi was providing for 40 percent of the funding. In addition, Mr. Escobar stated
1�DOT was contracting with Goldston Engineering to design the Storm Water map sheets and
outfalls for Padre/Mustang Island. Mr. Garcia asked if this plan would also address storm water
issues on the city's southside or Flour Bluff. Mr. Escobar answered negatively. City Secretary
Chapa polled the Council for their votes as follows:
MOTION NO. 2005-245
Motion authorizing the City Manager or his designee to exccute an Interlocal Cooperation
Agreement with Texas A&M University -Corpus Christi in an amount not to exceed
$100,000 to develop the necessary LIDAR (Light Imaging Detection and Ranging) mapping
for Padre and Mustang Islands for the Storm Water Master Plan Project.
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 referred to Item 27.a., and a motion was made, seconded and passed to open
the public hearing on the following street right-of-way closure:
27.a
Public hearing to consider abandoning and vacating a 75.81 -square foot portion (0.50 -foot
wide x 151.60 -foot long) of the Ennis Joslin Road public right-of-way, adjacent to Lot 4,
Block 1, Joslin Tracts, approximately 750 linear feet north of South Padre Island Drive.
Director of Development Services Barbara Bailey Holly stated the Baypoint Resort
Apartment was requesting the street abandonment and vacation of public right-of-way to correct an
encroachment from an entrance sign that was inadvertently constructed over a portion of the public
Minutes - Regular Council Meeting
luly 26, 2005 - Page 13
right-of-way. She said the city was transferring the right-of-way for Ennis Joslin, Spur 3, to TxDOT
at the end of 2005. Consequently, the city was required to ensure that the Ennis Joslin Road right-of-
,av was clear of any encroachments.
No one appeared in opposition to the street right-of-way closure. Mr. Garcia made a motion
to close the public hearing. seconded by Mr. Kinnison, and passed. Mr. Chapa polled the Council
for their votes as follows:
-7.h ORDINANCE NO. 026373
Ordinance abandoning and vacating a 75.81 -square loot portion (0.50 -foot wide x 151.60 -
foot long) of the Ennis Joslin Road public right-of-way, adjacent to Lot 4, Block 1, Joslin
Tracts, approximately 750 linear feet north of South Padre Island Drive; 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.
* * * * * * * * * * * *
*
Mayor Garrett referred to the presentations on the day's agenda. The first presentation, Item
S, was Report #1 on Bond Issue 2004. City Manager Noe stated this was the first of the scheduled
quarterly updates, and noted the update would also be available on the city's website. City Engineer
Angel Escobar reported of the 37 approved projects, two were being completed in-house and 35
projects were being awarded for design (A/E). In August 2005, he said the Council would consider
additional A/E contracts for the entire Bond 2004 issue.
Mr. Escobar reviewed the project timeline for the Street Improvement projects. He noted the
street improvements for the Sunnybrook/Manshiem project were included in the drainage
improvement bids for this project. He said the drainage improvement bids were rejected because
the hids came in above budget. Since that time, staff had restructured the bid components for re -bid
in late August or early September, noting that material costs (e.g. concrete and cement) were more
affordable at this time. Staff anticipated bringing a contract to award the underground drainage,
utility work, and street improvements for the Sunnybrook/Manshiem project. Mr. Escobar
emphasized staff paid particular attention to projects with TxDOT designations and/or developer
participation, such as the Park Road 22 bridge and the Padre Island Aesthetic Development
Participation.
In response to Mayor Garrett's question, Mr. Escobar said the Sunnybrook/Manshiem bids
had come in $1 million over budget. so staff had restructured them for re -bid. Mayor Garrett asked
I the re -bid would have any effect on the quality of the work. Mr. Escobar answered negatively,
saying staff had restructured the project schedules to allow for more flexibility. He said the more
rigid specifications set in the first bid had resulted in high bids.
Mr. Scott asked what the process was for the Park Road 22 Bridge improvements. Mr.
Minutes - Regular Council Meeting
Iulu 26, 2005 - Page 14
Escobar explained this project involved the joint participation of TxDOT and the city. He said staff
had notified TxDOT that the city's share of the funding was available. Staff would schedule a
meeting with TxDOT to discuss the types of enhancements to be implemented between the JFK
t 'auseway and SH 361. Subsequently, staff would share the recommendations with the Council and
the Island Master Plan Committee. Mr. Scott asked for a timeline on the project. City Manager Noe
replied staff would provide a schedule for the consultation process and the construction.
Regarding the Traffic Congestion Management project. Mr. Kinnison asked when staff would
present a list of intersections. Mr. Escobar replied staff would bring the A/E agreement with HDR
I• ngincering, the tirm selected to design the projects, to the Council on August 23,. He said there
'' cr_ three primary areas to be worked on as follows: Everhart corridor (SPID to Saratoga);
ttcaondarc access to the shopping center located at the corner of Everhart and SPID access road; and
the .tddition of a left turn lane from Everhart Road to Congressional Drive.
Mr. Kinnison asked when the list of streets to be included in the traffic signalization project
uuld he presented to the Council. Mr. Escobar answered there were ten intersections being
onsidered. Staff was conducting warrants on each of the intersections to justify their selection. He
said four out of the ten intersections had been completed at this point. Staff anticipated completing
the list in late October.
Regarding the Cimarron Boulevard expansion project, Mr. Garcia asked if the improvements
�'.ould enhance the intersection ofCimarron Boulevard and Yorktown Boulevard with turning lanes.
Mr Escobar replied this intersection was scheduled for improvements before the major work was
bid He said he would provide Mr. Garcia with a work schedule.
Mr. Garcia also asked what types of improvements were included in the North Beach Area
improvements project. Mr. Escobar replied the improvements included sidewalks, landscaping,
ignage, and a boardwalk. Staff had met with the North Beach Association a number of times, and
they had provided a list of priorities. He said the city would be entering into a contract with architect
John Wright to determine how to best use the funds. Mr. Escobar said the boardwalk expansion was
Funded with $40,000 per year with a $60.000 match from the State General Land Office for a total
of $100,000.
Mr. Escobar reported on the project timeline for Public Health & Safety, Public Facilities,
Parks & Recreation, and Bayfront Projects. He said staff had issued bids for Phase 2 of the Museum
Pire Suppression System, hoped to receive bids in August, and then bring the bids for award in late
august or early September. He anticipated finishing the project next April.
Regarding the Northwest Library expansion, he said the project was currently in the land
acquisition phase. Staff anticipated issuing construction bids in November or December, with actual
construction beginning in February 2006. The project was scheduled for completion next April.
Mr. Escobar noted a substantial number of bids were scheduled to be issued beginning in
December. Staff had communicated with other governmental entities and local contractor
associations to schedule the bids so they would not conflict with other local projects.
Minutes - Regular Council Meeting
July 26. 2005 - Page 15
Mr. Noyola asked why the Southside Fire Station project had experienced so many delays.
C tt) Manager Noe replied that significant staffing costs were partly to blame. He said items with
a significant impact on operations and maintenance were placed on the end of the construction
schedule. Mr. Noyola replied this was a high priority item for the voters, and it required a relatively
short construction period of nine months. City Manager Noe answered the challenge was not the
construction period; rather, it was a question of acquiring adequate funding to staff the facility. He
added that there would be more information on the fire station facilities when the Tri -Data report
results were issued in approximately 30 days.
* * * * * i is * * *
The next presentation was Item 29. a City Council Focus Area regarding infrastructure issues
1drainage, sewer_ streets and water). Assistant City Manager Ron 'Massey discussed the key
processes staff used to implement and maintain infrastructure as follows: piaster planning, capital
Harming, and funding. Regarding the piaster planning process, he said three main plans, the
( .Tmprchensiee Plan, the -Arca Development Plans. and the Urban Transportation Plan, set the
framework for the city's water, wastewater, storm water, parks, facilities, and airport master plans.
1 le said master planning provided the basis for identifying the city's infrastructure needs.
Mr. Massey stated the capital planning process was the vehicle for scheduling and funding
the city's infrastructure. The Council reviewed and approved an annual capital budget, based on the
Iitture needs assessment identified in the master planning process. Staff prioritized the capital
projects hased on the following criteria: regulatory/safety issues; rehabilitation of existing
infrastructure; and expansion of the system.
In addition, Mr. Massey explained the funding process used in the capital budget as follows:
current year, short-range (three years), and long-range (beyond three years). The current year capital
budget was fully funded, the short-range budget was comprised of projected costs, and the long-
range plan was unfunded. He displayed a graph illustrating the historical capital budget from 1998
t o 2005. In 1998. 75 percent of capital budget expenditures were comprised of utility revenues, and
1099, the percentage was 86 percent. Beginning in 2000, the revenue picture changed with the
passage of Bond Issue 2000, the sales tax initiatives, the Packery Channel TIF, and hotel/motel tax
changes for the convention center. He emphasized, however, that the consistent funding source for
capital improvements was utility fund revenue.
Mr. Massey displayed a graph depicting Capital Improvement Program (CIP) expenditures
from 1995 to 2005. Mr. Kinnison commented the city completed many more capital projects now
than in 1995 to 1999, saying the city did more in one year than they used to do in three to four years
combined.
Mr. Massey discussed the types of funding sources available for infrastructure projects as
follows: voter -approved General Obligation (GO) and sales tax bonds; revenue supported bonds;
hotel/motel tax supported bonds; Tax Increment Finance (TIF) districts; improvement
districts/assessments; and federal/state government.
Mr. Massey mentioned a number of recent funding sources as follows: Federal Aviation
Minutes - Regular Council Meeting
July 26. 2005 - Page 16
Administration (FAA) grants/ Passenger Facility Charges; 2000 Bond issue; 2000 sales tax issues;
Packery TIF; Hotel/Motel tax; 2002 economic development sales tax; and 2004 Bond issue. He
displayed a graph illustrating the debt service on General Obligation bonds from FY 2006 to FY
2021
Mr. Massey summarized the issues affecting the level of infrastructure as follows: level of
investment: priorities; and timing and/or frequency of budget approval. He noted the approval of
the capital budget lagged behind the approval of the operating budget. He said the city may want
to consider adjusting the timing of the capital budget so it was approved prior to the approval of the
nperiting budget. In addition, the city may also want to consider whether the capital budget needed
tt he approved on an annual basis. Since the capital budget involved long-term projects, Mr. Massey
id it may make more sense to approve it every two years. Mr. Garcia spoke in favor of reviewing
Inc c.ipital budget eccry two years.
In conclusion, Mr. Massey discussed a number of follow-up actions related to infrastructure.
1 :rst. the Council could discuss infrastructure issues during the proposed Council Workshop on
I inancial policies. Second, staff could change the project prioritization procedures if necessary,
based on feedback from the workshop. and then revise the capital budget accordingly. Finally, the
city would finalize the schedule for the next capital budget process.
* * * * * * * * * * * * *
Mayor Garrett opened discussion on Item 30 regarding the dedication of Ben Garza Park.
Director of Parks and Recreation Sally Gavlik stated this item included the approval of the Site
Master Plan for Ben Garza Park, as well as dedicating a portion of city property that had previously
been a water reservoir site, as parkland.
Mr. Billy Delgado and Mr. Art Sosa with the Parks and Recreation Department presented the
Ben Garza Park Site Master Plan. Mr. Delgado displayed a slide of the current site plan, highlighting
the area near Ben Garza Gym where the in -ground tank was removed. He described the proposed
amenities for the Master Plan as follows: trails, picnic pavilions, playgrounds, baseball fields, aquatic
clement, and outdoor covered basketball pavilions. He then reviewed the proposed site plan
incorporating these amenities.
Mr. Delgado stated the proposed site plan addressed problems with parking in the area related
to the ball fields. He said the plan increased the number of parking spaces, and moved the entrance
to the parking lot to allow for easier access to the Crosstown Expressway.
Mr. Sosa reported the Ben Garza Park Site Master Plan fulfilled six of the ten priorities
identified for parks. Based on the size of the site, he said this was the maximum number of priorities
that could be incorporated here.
In response to Mr. Marez's question, Mr. Delgado said the Police Athletic League currently
had a one-year lease to use the softball field. He said staff was negotiating a five-year lease for the
field to allow them to continue to use the property.
Minutes - Regular Council Meeting
July 26. 2005 - Page 17
Mr. Noyola asked for a timeline for implementation of the plan. Ms. Gavlik replied the city
had CDBG funds they would apply to the ballfield construction. In addition, staff was applying for
a grant to acquire funds for construction of the trail next June. The aquatic element would actually
he located in Wilmot Park, an extension of Ben Garza Park. She said this element would be
developed over the next two years. Mr. Noyola spoke in support of the plan, saying the park was
sorely needed on that side of town.
Mr. Scott questioned whether the proposed site plan incorporated adequate parking for three
baseball fields. Mr. Delgado replied affirmatively, saying people could still park along the street if
ceded. Mr. Sosa added one of the challenges of park land design was not to overwhelm the site
4 itli parking spaces. Mr. Scott and Mr. Garcia spoke in support of the park and the facility.
Mr. Noyola asked i (there were plans to cover the bleachers in the baseball fields because of
the heat. Mr. Delgado replied the Police Athletic League had expressed interest in acquiring CDBG
funds and grant funds to provide bleachers with shade.
City Manager Noe acknowledged staffs efforts in developing the plan, noting that Ben Garza
was Mr. Delgado's grandfather. so he had a special interest in the project. There were no comments
from the audience. City Secretary Chapa polled the Council for their votes as follows:
U. RESOLUTION NO. 026374
Resolution dedicating the City property at 1815 Howard St. as Ben Garza Park, a public park,
including the area formerly referred to as Ben Garza Gym and Athletic Field; and approving
the Site Master Plan for Ben Garza Park.
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 opened discussion on Item 31 regarding a wastewater construction project
along IH -37, SH -286 (Crosstown Expressway), and SH -358 (Padre Island Drive). City Engineer
Angel Escobar explained this project would clean, televise, and rehabilitate all 26 sanitary sewer line
segments using cured -in-place pipe along these major highway routes. The action was necessary to
prevent future cave-ins, blockages, and settlements.
Mr. Escobar reported the project had bid and is ready for construction; however, the bid
process was subject to an irregularity. He said the low -bid contractor, rePipe-Texas, Inc., did not
acknowledge receipt of the addenda, and consequently requested to withdraw their bid. However,
the consultant did not believe any of the items in the addenda materially affected the bids. Thus,
based on the information available, he said there appeared to be no administrative or technical reason
not to award the contract to rePipe-Texas, Inc. Staff recommended the irregularity of not
acknowledging receipt of the addenda be waived.
Mr. Escobar said the city cannot allow rePipe-Texas, Inc. to withdraw the bid without the
forfeiture of the bid bond. The normal procedure would be to recommend award to rePipe-Texas,
Inc have them not execute the contracts, rescind the award, contact the surety company for the bid
Nlinutes - Regular Council Meeting
July 26. 2005 - Page 18
bond. and then award to the second lowest bidder. To save time, the city and rePipe-Texas agreed
to have the company send a letter declining the award of contract and requesting substitution of a
cashier's check in the amount of $61,063 in place of the bid bond. Staffs recommendation was to
accept the request of rePipe-Texas. Inc. in declining acceptance of the award and substitute a
cashier's check; and award the contract to WESCO Infrastructure Technologies L.P. There were no
comments from the public. City Secretary Chapa polled the Council for their votes as follows:
MOTION NO. 2005-248
Motion authorizing the City Manager or his designee to accept the request of rePipe-Texas,
Inc. in declining acceptance of the award of the contract and substituting a cashier's check
in the amount of $61,063 in place of the bid bond and tbrfciting said amount to the City.
Mc foregoing motion was passed and approved with the following vote: Garrett, Chesney,
Cooper. Garcia. Kelly. Kinnison, Marez, Noyola. and Scott. voting "Ave".
1 b ORDINANCE NO. 026375
Ordinance appropriating a deposit in the amount of $61,063 from rePipe-Texas, Inc. for
payment of a forfeited bid bond in Wastewater Capital Improvement Program Fund 3430 for
the Wastewater Pipe Rehabilitation FY2005: IH -37, SH -286 (Crosstown Expressway) and
SH -358 (Padre Island Drive) project; amending FY 2004-2005 Capital Budget adopted by
Ordinance No. 026188 by increasing appropriations by $61,063.
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"
I.c. MOTION NO. 2005-249
Motion authorizing the City Manager or his designee to execute a construction contract with
WESCO Infrastructure Technologies, LP, of Pearland, Texas in the amount of $1,968,747
for the Wastewater Pipe Rehabilitation FY 2005: IH -37, SH -286 (Crosstown Expressway)
and SH -358 (Padre Island Drive).
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 32 regarding appropriation items for Whataburger
Field. Assistant Director of Engineering Services Kevin Stowers reported the Port of Corpus Christi
was providing funds for security fencing upgrades they had requested along the north property line.
In addition, the Corpus Christi Hooks and Whataburger were providing a total of approximately
$255.000 for work items they had requested. Mr. Stowers said these appropriations would provide
the necessary funding to proceed with Change Order No. 6 in the amount of $467,000. Mr. Stowers
noted all the items had been completed. Finally, he stated there would be an additional change order
forthcoming to acquire additional compensation from the Corpus Christi Hooks and other associated
Minutes - Regular Council Meeting
July 26, 2005 - Page 19
organizations. There were no comments from the public. City Secretary Chapa polled the Council
for their votes as follows:
32.a ORDINANCE NO. 026376
Ordinance appropriating $2.742.36 from unappropriated interest earnings and $14,985 from
miscellaneous revenues into the Baseball Stadium 2004 Capital Improvement Program Fund
No. 3276 for the Whataburger Field; amending the FY 2004-2005 Capital Budget adopted
by Ordinance No. 026188 by increasing appropriations by 517,727.36.
1n emergency was declared. and the foregoing ordinance was passed and approved with the
following vote: Garrett. Chesney, Cooper, Garcia. Kinnison, Marez, Noyola, and Scott,
noting -AN c.._ Kelp abstained.
?.b ORDINANCE. NO . 026377
Ordinance appropriating 51,450 from miscellaneous revenues received as restitution for theft
of ballpark boiler doors into the General Fund No. 1020 for the Whataburger Field;
amending the FY 2004-2005 Budget adopted by' Ordinance No. 025878 by increasing
appropriations by $1,450
An emergency was declared_ and the foregoing ordinance was passed and approved with the
following vote: Garrett. Chesney, Cooper, Garcia, Kinnison, Marez, Noyola, and Scott,
voting "Aye"; Kelly abstained.
32.c ORDINANCE NO. 026378
Ordinance appropriating $168.797 from the Corpus Christi Hooks into the Baseball Stadium
2004 Capital Improvement Program Fund No. 3276 for team requested modifications to
Whataburger Field; amending the FY 2004-2005 Capital Budget adopted by Ordinance No.
026188 by increasing appropriations by $168,797.
An emergency was declared, and the foregoing ordinance was passed and approved with the
following vote: Garrett, Chesney, Cooper, Garcia, Kinnison, Marez, Noyola, and Scott,
voting -Aye"; Kelly abstained.
?2.d. ORDINANCE NO. 026379
Ordinance appropriating $86,099.78 from Whataburger, Inc. into the Baseball Stadium 2004
Capital Improvement Program Fund No. 3276 for concessionaire requested modifications
to Whataburger Field; amending the FY 2004-2005 Capital Budget adopted by Ordinance
No. 026188 by increasing appropriations by $86,099.78.
An emergency was declared, and the foregoing ordinance was passed and approved with the
following vote: Garrett, Chesney, Cooper, Garcia, Kinnison, Marez, Noyola, and Scott,
voting "Aye"; Kelly abstained.
Minutes - Regular Council Meeting
July 26. 2005 - Page 20
3'.e MOTION NO. 2005-250
Motion authorizing the City Manager or his designee to execute Change Order No. 6 with
the Construction Manager at Risk contract with Fulton/Coastcon and Hunt Construction
Group, Joint Venture of Corpus Christi, Texas and Indianapolis, Indiana in the amount of
$467,011.15 for installation of additional improvements at Whataburger Field and increasing
the Guaranteed Maximum Price to $23,577,837.15 for construction of the Professional
Minor League Baseball Stadium.
The foregoing motion was passed and approved with the following vote: Garrett, Chesney,
Cooper. Garcia_ Kinnison_ Mare/. Novola, and Scott. voting "Aye"; Kelly abstained.
Mayor Garrett opened discussion on Item 33 regarding parking prohibitions in the arena and
baseball stadium area. Citv Engineer Angel Escobar reported this iteni had been tabled previously
) al low city, staff to meet v ith Mr. Joe McComb about the access issues the restrictions would create
Hr his warehouse. located on Power Street and Tancahua. Mr. McComb stated in a letter that the
level of use did not warrant a no parking zone that would impair street and sidewalk access to his
facility_ Mr. Escobar refuted this claim, saying the level of use was high when activities at
Whataburger Field. the Old Concrete Street Amphitheater, the Ortiz Center, and the American Bank
(enter were all averaged in. In addition, he said traffic from Portland or North Beach was directed
by electronic message board onto Tancahua Street for special events at the American Bank Center.
f inally_ he said Police Captain Robert MacDonald has found Tancahua Street to be an important part
of the traffic management plan for special events. Ile was in favor of the parking restrictions to
address safety concerns in the area. In conclusion, Mr. Escobar stated staffs review indicated there
.las no connection between the proposed no parking ordinance and building access.
Mr. Escobar stated staff met with Mr. Dusty Durrill who owns the adjoining property that
could provide access to Mr. McComb's facility. During the meeting, Mr. Durrill explained that Mr.
McComb had right of first refusal from the railroad when the property was sold. Mr. McComb
declined to purchase the property or any portion of the property which had provided him with access.
Mr. Durrill also pointed out that after he acquired the property, Mr. McComb continued to use the
property without permission. He ultimately notified Mr. McComb to cease using the property as his
trucks were damaging the lots. Subsequently, Mr. Durrill installed posts and cables to prevent
access. He was unwilling to provide any additional assistance to Mr. McComb after three and half
N ears of unauthorized use.
Mr. Escobar stated the two remaining acceptable options were then further refined and cost
estimates developed. The resulting three alternatives required the use of Tancahua Street right-of-
way_ building modifications, and a driveway width exceeding the driveway ordinance limitation.
He reviewed the three options individually. Option A required northbound trucks to back in parallel
to the warehouse and required removal of concrete curb and gutter, removal of sidewalk, pavement
repair, new sidewalk, new lay down curb, new concrete pavement and driveway, relocation of a
warehouse door, and construction of a loading dock at an estimated total cost of $34,814.53. Option
ti was similar but required the relocation of an existing power pole and was slightly less costly at
$30.067.33. Option C required southbound trucks to back in from the northbound lane parallel to
the warehouse, and required the removal of concrete curb and gutter, removal of a sidewalk,
M inutes - Regular Council Meeting
July 26. 2005 - Page 21
pavement repair, new sidewalk, new lay down curb, new concrete pavement and driveway, relocation
of a warehouse door, existing power pole, and a loading dock at an estimated cost of $37,244.48.
He emphasized that this option was not being recommended.
In conclusion, staff was recommending the adoption of the no parking ordinance as
presented, and approval of a use privilege agreement for right-of-way usage upon application by the
pi operty owner provided they conform to one of the two recommended alternatives.
In response to Mr. Scott's question, Police Captain McDonald reiterated the importance of
.utcahua Street in the traffic management plan for the area. He said many events were scheduled
i; the daytime. and thus would conflict vv ith the operation hours of Mr. McComb's facility.
Mr. Kinnison asked if NIr. NlcC omb had indicated whether he would accept either of the two
options. Mr. Escobar replied Mr. McComb had not issued a response. There were no comments
from the public. City Secretary Chapa polled the Council for their votes as follows:
ORDINANCE NO. 026380
Ordinance amending the Code of Ordinances, Chapter 53 - Traffic, Section 53-252, Schedule
Ill, Parking prohibited at all times on certain streets, by prohibiting parking on the following
street sections: (Tabled 7/12/05)
I . East Port Av enue. north side, from North Mesquite Street to a point 522 feet east of
Sam Rankin Street; south side, from North Mesquite Street to Sam Rankin Street.
2. Sam Rankin Street. both sides, from East Port Avenue to Brewster Street.
3. Brewster Street, both sides, from North Chaparral Street to Sam Rankin Street.
4. North Tancahua Street, both sides, from East Port Avenue to U.S. 181.
5. East Hirsch Street, both sides, from North Mesquite to North Chaparral Street.
6. North Chaparral Street, both sides, from U.S. 181 to I.H. 37; 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"
l.b. ORDINANCE NO. 026381
Ordinance amending the Code of Ordinances, Chapter 53 - Traffic, Section 53-253, Schedule
IV, stopping, standing, or parking prohibited during certain hours on certain streets, by
prohibiting parking between 5:30 p.m. and 2:00 a.m. on the following street sections:
(Tabled 7/12/05)
I . North Mesquite Street, both sides from U.S. 181 to I.H. 37.
2. East Port Avenue, north side, from Sam Rankin Street to a point 522 feet east;
providing for penalties.
An emergency was declared, and the foregoing ordinance was passed and approved with the
Minutes - Regular Council Meeting
July 26, 2005 - Page 22
following vote: Garrett, Chesney. Cooper. Garcia, Kelly, Kinnison, Marez, Noyola, and
Scott, voting "Aye".
* * * * * * * * * * * * *
Mayor Garrett called for a brief recess to present proclamations.
************
Mayor Garrett called for petitions from the audience. Mr. Andy Corona, 1902 Loritte, spoke
w support of Police Chief Pete AIN, arc/. saying the Council was wrong to chastise him at last week's
ouncil meeting. Mr. Emile S. Bolden 1. 5602 Palo Alto, spoke regarding his son's
accomplishments.
Mayor Garrett called for a brief recess.
Mayor Garrett opened discussion on Item 35 regarding a number of proposed parks and
recreation fee/rate increase adjustments. Director of Parks and Recreation Sally Gavlik stated the
information in the Council agenda books was incorrect, and said a correction had been distributed.
Exhibit A consisted of fees for the new boater facilities in the marina, regattas, and multicultural
center facilities use. Exhibit B consisted of fees for athletics and toumaments, aquatics, recreational
facility rentals, and the summer youth program. There were no comments from the public. City
Secretary Chapa polled the Council for their votes as follows:
RESOLUTION NO. 026382
Resolution authorizing adjustment of Parks, Recreation, Cultural and Leisure Time Activities
Rental and Recreational Fees; adding new rental fees and recreational fees for Fiscal Year
2005-2006: and providing for an effective date.
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 36, a number of proposed fee/rate increase
adjustments. City Manager Noe stated this was the second reading of this item, and noted a number
ofcorrections had been made since the first reading which were explained in the agenda book. There
were no comments from the public. City Secretary Chapa polled the Council for their votes as
follows:
Minutes - Regular Council Meeting
July 26. 2005 - Page 23
36a. MOTION NO. 2005-252
Motion to amend prior to second reading by substituting ordinance amending Section 55-22,
55-28, and 55-38, the Code of Ordinances, City of Corpus Christi, regarding application fees
for new or transferred utility service, fees for testing meters, service charges related to
disconnecting utility service for delinquent or unauthorized usage accounts, and service
charges for bypassing or tampering with meters; providing for penalties.
fhe foregoing motion was passed and approved with the following vote: Garrett, Chesney,
Cooper. Garcia, Kelly. Kinnison. Noyola. and Scott, voting "Aye'; Marez was absent.
h ORDINANCE NO. 026383
'Unending Section 55-22. 55-28. and 55-38. the Code of Ordinances, City of Corpus Christi,
regarding application fees for new or transferred utility service, fees for testing meters,
service charges related to disconnecting utility service for delinquent or unauthorized usage
accounts, and service charges for bypassing or tampering with meters; providing for
penalties. (First Reading 07/19/05)
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 opened discussion on Item 37 regarding proposed airport fee/rate increase
adjustments. City Manager Noe stated this was the second reading of this item, and noted a number
of corrections had been made since the first reading which were explained in the agenda book. There
were no comments from the public. City Secretary Chapa polled the Council for their votes as
tollows:
MOTION NO. 2005-253
Motion to amend prior to second reading ordinance amending the Corpus Christi Code of
Ordinances, Chapter 9, Section 9-61, permit for airport ground transportation operations, by
revising the fees and charges by revising Paragraph (b)5 "Charter Vehicle" fee from $10.00
to $5.00; providing for an effective date of September 1, 2005; providing for repeal;
providing for penalties.
The foregoing motion was passed and approved with the following vote: Garrett, Chesney,
Cooper, Garcia, Kelly, Kinnison. and Scott, voting "Aye"; Marez was absent; Noyola
abstained.
Minutes - Regular Council Meeting
July 26. 2005 - Page 24
;, h ORDINANCE NO. 026384
Amending the Corpus Christi Code of Ordinances, Chapter 9, Section 9-61, Permit for
Airport Ground Transportation Operations, by revising fees and charges; providing for an
effective date of September 1, 2005, providing for repeal; providing for penalties. (First
Reading 07/19/05)
The foregoing ordinance was passed and approved on its second reading with the following
vote: Garrett, Chesney, Cooper, Garcia, Kc lti_ Kinnison, and Scott, voting "Aye"; Marez
was absent: Novola abstained.
Mayor Garrott opened discussion on Item 38. the second reading of the proposed FY 2005-
.2006 budget. City Manager Noe discussed Items 38 and Item 39, setting the public hearing for the
ad vaiorem tax rate, together because they were closets related items. Ile said there were a number
proposed amendments to the budget. reflecting the funding options adopted by the Council on July
19. '005. The amendments included $2.1 million in decrease adjustments; the addition of the
trapped animal program funding in the Health Department; funding for Item 34, the South Texas
Military Task Force; Pawn Shop Detail funding; and funding for repairs to the Art Museum of South
Texas and the Harbor Playhouse. In addition, Mr. Noe stated funding for Convention incentives
(350.000) and Hotel/Motel tax audits (325.000) had been separated from the Convention promotion
line item to allow for better management of these expenditures.
Regarding the ad valorem tax rate, City Manager Noe reported staff received the latest
information on property 'values yesterday from the Nueces County Tax Appraisal District. As staff
had suggested last week, he said the values on the current tax roll were higher than estimated. Mr.
oe displayed a chart depicting the evolution of the proposed city tax rate during the budget process.
The current tax rate, adopted in FY 2004-05, was $0.634, comprised of a $0.460 Maintenance &
Operation (M&O) tax rate and a $0.174 debt service tax rate. The proposed FY 2005-06 budget staff
presented in May included a $0.654 tax rate, consisting of a $0.455 M&O tax rate and a $0.199 debt
service tax rate. On July 19, the Council authorized a number of changes to keep the effective tax
rate for the M&O portion of the Ad Valorem Taxes level, translating into a tax rate of $0.632,
consisting of a $0.433 M&O rate and 30.199 debt service rate. Based on the latest appraised values
provided by the appraisal district, Mr. Noe stated staffs recommendation was to further reduce the
M&O rate to $0.427 and maintain the $0.199 debt service tax rate, resulting in a total tax rate of
30.626. He emphasized. however, the numbers would probably change continually throughout the
budget process, but this was staffs best estimate at this point.
In addition, Mr. Noe said the recommended tax rate will produce slightly more revenues than
estimated last week. Staffs recommendation was to take any difference in revenues in the general
fund and place it in a reserve appropriation. Staff would bring this amendment to the Council for
their approval later in the year.
Mr. Scott asked for a historical perspective on the city's M&O tax rate and total tax rates.
Assistant City Manager Oscar Martinez stated the last time the tax rate was this low was in 1987.
Mr. Scott also asked for a five-year perspective on growth and valuations. He noted the appraisal
district was saying the total growth in valuations was 8.8 percent. In response to Mr. Scott's
Minutes - Regular Council Meeting
July 26, 2005 - Page 25
question, Director of Finance Cindy O'Brien stated the growth rate was 7.7 percent. Mr. Scott asked
it the city had seen this type of growth in recent memory. Mr. Martinez answered negatively. Mr.
Scott concluded the reality was that the city's economy was robust, and because of this, the taxpayers
would benefit from a reduction in the tax rate. He asked Ms. O'Brien to provide the historical info
the Council could better communicate the state of the economy to the public.
Mayor Garrett asked for public comment. Mr. Bill Kopecky, 3609 Topeka, requested that
the proposed M&O rate be even lower because the certified tax roll was higher than estimated during
II Lc .1 uh 19. 2005 meeting. Mr. O'Brien. 4130 Pompano. spoke against any increases in utility
rite: and asked the Council to reduce the budget e% en further.
Mr. Scott asked what portion of the proposed utility Find increases was applied to capital
improvement project costs. .Assistant City Manager Ron Massey replied the majority of the revenues
disci through utility rate increases supported the capital improvements. Mr. Scott pointed out the
.ty was executing many more capital improvement projects than ever before, and it was important
tr communicate this point to the ratepayers. I le asked staff to provide a percentage of the portion
o revenues from utility rate increases that were applied to capital improvement project costs.
Mr. Chesney asked if the proposed tax rate maintained the effective tax rate, as he had
requested earlier. City Manager Noe replied that for the general operating budget, the proposed tax
rate did maintain the effective tax rate: however, the proposed rate did not maintain the effective tax
rate on the debt service side. Mr. Chesney pointed out the increase in the debt service rate was
approved by the voters in Bond Issue 2004. City Secretary Chapa polled the Council for their votes
as follows:
38.a MOTION NO. 2005-254
Motion to amend prior to second reading the ordinance adopting the City of Corpus Christi
Budget for the ensuing Fiscal Year beginning August 1, 2005; to be filed with the County
Clerk; appropriating monies as provided in the budget; which passed on first reading on July
19, 2005, by revising Section 1 of the Ordinance.
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.
38.b ORDINANCE NO. 026385
Adopting the City of Corpus Christi Budget for the ensuing Fiscal Year beginning August
1, 2005; to be filed with the County Clerk; appropriating monies as provided in the budget.
(First Reading 07/19/05)
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 opened discussion on Item 39, setting the public hearing on the ad valorem
Minutes - Regular Council Meeting
July 26. 2005 - Page 26
tax rate. City Secretary Chapa noted that Item 39.a. needed to be amended to reflect the new ad
valorem tax rate of $0.625799. Mr. Noyola made a motion to amend Item 39.a. as stated by Mr.
Chapa, seconded by Mr. Garcia. and passed. City Secretary Chapa polled the Council for their votes
as follows:
9.a. MOTION NO. 2005-255
Motion setting September 13.2_005 as the date of the adoption of the ad valorem tax rate of
$0.611722 50.625709 per $100 valuation.
the foregoing motion was passed and approved as amended with the following vote:
Garrett. Chesney. Cooper. Garcia. Kelly. Kinnison. Noyola, and Scott, voting "Aye"; Marez
was absent.
b MOTION NO. 2005-256
Motion setting a public hearing on the ad valorem tax rate for August 23, 2005 and a second
public hearing for August 30. 2005, during the regular City Council meeting beginning at
10:00 a.m. at City Hall, 1201 Leopard Street. Corpus Christi, Texas.
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 40, the appointment of Council Members as Board
Members to the Corpus Christi Housing Finance Corporation and the Corpus Christi Industrial
Development Corporation. There were no comments from the public. City Secretary Chapa polled
the Council for their votes as follows:
40 MOTION NO. 2005-257
Motion appointing Council Members as Board Members of the Corpus Christi Housing
Finance Corporation and the Corpus Christi Industrial Development Corporation.
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.
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Mayor Garrett called for a brief recess to hold the city corporation meetings.
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Mayor Garrett called for the City Manager's report. City Manager Noe asked City Engineer
Angel Escobar to report on Hurricane Emily's impact on the Packery Channel project. Mr. Escobar
displayed a number of photographs of Packery Channel as of July 21, 2005 showing the extent of
damage the channel sustained as a result of Hurricane Emily. He said city staff met with the Corps
Minutes - Regular Council Meeting
Iuh 26, 2005 - Page 27
of Engineers staff to perform a detailed assessment of the channel's condition. A preliminary review
of the project revealed in part that because a temporary sand plug was in place between the two
jetties. water was forced on the land side of both of the jetties. On the north side, the water
undermined the erosion protection at its intersection with the west end of the land jetty, resulting in
fai lure of approximately 150 feet of erosion protection. He said staff would forward the results of
the detailed assessment as soon as it was ready. Mr. Noe added that the Corps of Engineers had
indicated in the past that they had access to emergency funding for any repairs. He said there had
Hcen no discussion regarding any potential time delays caused b. the repairs.
In response to Mr. Scott's question. Mr. Escobar replied staffs initial conclusion was that if
he temporan sand plug had not been between the t jetties. the water in the channel would have
isen at the same rate as the water on the land side ofthe jctty: therefore, there would not have been
undermining of the erosion protection. Mr. Scott asked if there was any damage to the jetty. Mr.
isobar answered negatively. saying they were unable to detect any damage visually.
Cite Manager Noe reported stall had distributed a memo regarding the closure of the
k oodtrust Bridge on Lexington Road. just east of Rodd Field Road, as a result of the latest analysis
from TxDOT on the bridge's status. I le said the bridge was scheduled for replacement in 2007, but
the city would work with TxDOT to accelerate the time line as possible. Mayor Garrett asked staff
publicize this closure to the neighborhood.
Mr. Noe reported online registration for the latchkey program was now available at
w.ccparkandrec.com.
Finally, Mr. Noe stated the next Council meeting would take place on August 23 because of
the summer break. The following items were scheduled for consideration on that date: public
hearing on the ad valorem tax rate; update on the Neighborhood Initiative Program (NIP); and a
presentation on the City Council Focus Area: Neighborhoods.
Mayor Garrett asked storm water staff to look at the intersection of Purdue and Flour Bluff
Road. Mr. Garcia interjected and stated he had already contacted staff about the problem.
Mayor Garrett called for Council concerns and reports. Mr. Noyola thanked Mayor Garrett,
and Council Members Scott, Chesney, and Garcia for donating to the Oso Mighty Sharks for their
tournament in Galveston, which they won. He also reported the Westside International Little League
Nil -Stars had advanced to a tournament in Dallas which could lead to a World Series berth.
Mr. Scott asked for a time line on the changes in the Texas General Land Office (GLO)'s
process to remove vehicles from the beach near the seawall.
Ms. Cooper reported there would be a town hall meeting on Monday, August 1 at 6.p.m. at
Montclair Elementary School, hosted by Council Member Scott.
There being no further business to come before the Council, Mayor Garrett adjourned the
Council meeting at 1:22 p.m. on July 26, 2005.
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