HomeMy WebLinkAboutMinutes City Council - 08/23/2005I 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 August 23, 2005, which were approved by
the City Council on August 30, 2005.
WITNESSETI I MY HAND AND SEAL, on this the 30th day of August, 2005.
Armando Chapa
City Secretary
SEAL
MINUTES
CITY OF CORPUS CHRISTI, TEXAS
Regular Council Meeting
August 23, 2005 - 10:00 a.m.
PRESENT
Mayor Henry Garrett
Mayor Pro Tem Melody Cooper
Council Members:
Brent Chesney
Jerry Garcia
Rex Kinnison
Bill Kelly
John E. Marez
Jesse Noyola
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 Pastor Steve Coronado of Solid Rock Worship Center and
the Pledge of Allegiance to the United States flag was led by Council Member Scott.
Mayor Garrett called for approval of the minutes of the regular Council meeting of July 26,
2005. A motion was made and passed to approve the minutes as presented.
Mayor Garrett referred to Item 2 and the following board appointments were made:
Board of Adjustment
Taylor Mauck (Appointed)
Dan Winship (Appointed)
Civil Service Board/Commission
Jose Moncada (Appointed)
Small Business Advisory Committee
Carole L. Peterson (Reappointed)
Rose M. Gonzalez (Reappointed)
Evy Coppola (Appointed)
Park and Recreation Advisory Committee
Mari Whitworth (Reappointed)
Jamie Pyle (Reappointed)
Hunter Young (Reappointed)
Carl Suding (Reappointed)
Gregory T. Perkes (Reappointed)
Teresa Carrillo (Appointed)
Committee for Persons with Disabilities
James M. Duerr (Appointed)
Intergovernmental Commission on Drug and Alcohol Abuse
Jean Newberry (Reappointed)
Dr Judith Sutherland (Reappointed)
Mayor Garrett called for consideration of the consent agenda (Items 3 - 30). City Secretary
Chapa announced that Mr. Noyola would be abstaining from the vote and discussion on Item 17.
Mr. Bill Kopecky, 3609 Topeka, requested that Item 12 be pulled for individual consideration.
Council members requested that Items 12 and 30 be pulled for individual consideration. A motion
was made and passed to approve Items 3 through 30, constituting the consent agenda, except for
Items 12 and 30, which were pulled for individual consideration. City Secretary Chapa polled the
Minutes - Regular Council Meeting
August 23, 2005 - Page 2
Council for their votes as follows:
3 MOTION NO. 2005-258
Motion approving a supply agreement with National Waterworks, Inc., of Corpus Christi,
Texas for pre -fabricated manholes in accordance with Bid Invitation No. BI -0102-05 based
on low bid for an estimated annual expenditure of $43,620. The term of the supply
agreement will be for twelve months with an option to extend for up to two additional twelve-
month periods subject to the approval of the supplier and the City Manager or his designee.
Funds have been budgeted by Wastewater for FY 2005-2006.
The foregoing motion was passed and approved with the following vote: Garrett, Chesney,
Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye".
4 MOTION NO. 2005-259
Motion approving the lease purchase of one truck mounted excavator from Hi -Way
Equipment Co., of Houston, Texas for the total amount of $243,220.96. The award is
based on the cooperative purchasing agreement with the Houston Galveston Area Council
of Governments (HGAC). This unit is purchased for the Street Services Division and is a
replacement to the fleet. Funding will be provided by the City's lease purchase financing
contractor.
The foregoing motion was passed and approved with the following vote: Garrett, Chesney,
Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye".
5 MOTION NO. 2005-260
Motion approving the lease purchase of an asphalt paver from Anderson Machinery, of
Corpus Christi, Texas for the total amount of $83,465. The award is based on the
cooperative purchasing agreement with the Houston Galveston Area Council of
Governments (HGAC). This unit is purchased for the Street Services Division and is a
replacement to the fleet. Funding will be provided by the City's lease purchase financing
contractor
The foregoing motion was passed and approved with the following votes: Garrett, Chesney,
Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye".
MOTION NO. 2005-261
Motion approving the purchase of two (2) automated side -loading refuse trucks from Rush
Truck Center, of Houston, Texas in the amount of $393,652. The award is based on the
cooperative purchasing agreement with the Houston Galveston Area Council of
Governments (HGAC). These trucks are replacements to the fleet and will be used by
Solid Waste Services. Financing will be provided through the City's lease -purchase
program
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
August 23, 2005 - Page 3
RESOLUTION NO. 026386
Resolution authorizing the City Manager or his designee to accept a grant from the State
of Texas, Office of the Governor, Criminal Justice Division in the amount of $12,413 for the
Juvenile Accountability Incentive Block Grant Program to reduce juvenile delinquency,
improve the juvenile justice system, and increase accountability of juvenile offenders, with
a City match of $1,379 in the No. 1020 General Fund, and a total project cost of $13,792.
The foregoing resolution was passed and approved with the following vote: Garrett,
Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye".
ORDINANCE NO. 026387
Ordinance appropriating $12,413 from the State of Texas, Office of the Governor, Criminal
Justice Division in the No. 1061 Police Grant Fund for eligible funding under the Juvenile
Accountability Incentive Block Grant Program to reduce juvenile delinquency, improve the
juvenile justice system, and increase accountability of juvenile offenders; transferring
$1,379 from the No. 1020 General Fund and appropriating it in the No. 1061 Police Grant
Fund as grant matching funds.
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and
Scott, voting "Aye"
8 a. MOTION NO. 2005-262
Motion authorizing the City Manager or his designee to accept funding in the amount of
$7,000 from the Texas Department of Transportation for the purchase of traffic safety-
related equipment for the Police Department.
The foregoing motion was passed and approved with the following vote: Garrett, Chesney,
Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye".
8 b. ORDINANCE NO. 026388
Ordinance appropriating $7,000 from the Texas Department of Transportation in the FY
2005-2006 Police General Fund Budget for the purchase of traffic safety-related equipment
for the Corpus Christi Police Department.
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
August 23, 2005 - Page 4
9 a. MOTION NO. 2005-263
Motion authorizing the City Manager or his designee to accept grant funding in the amount
of $122,792 from the Texas Department of Transportation for a Comprehensive Selective
Traffic Enforcement Project (STEP) in the Police Department for DWI Enforcement
Overtime and Speed Enforcement Overtime 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".
9 b. ORDINANCE NO. 026389
Ordinance appropriating $122,792 from the Texas Department of Transportation in No.
1061 Police Grants Fund for funding of a Comprehensive Selective Traffice Enforcement
Project (STEP) for DWI Enforcement Overtime and Speed Enforcement Overtime within
the Corpus Christi Police Department.
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"
RESOLUTION NO. 026390
Resolution authorizing the City Manager or his designee to execute all necessary
documents for continued financial assistance for beach cleaning and maintenance on North
Padre and Mustang Islands during FY 2005-2006 under the Texas General Land Office's
Cleaning and Maintenance Assistance Program.
The foregoing resolution was passed and approved with the following vote: Garrett,
Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye".
1 1.a RESOLUTION NO. 026391
Resolution authorizing the City Manager or his designee to accept a Reimbursement Grant
from the Texas Commission for Environmental Quality in the amount of $5,332 for
Mitigation Measures and Site Closure at Fire Station No. 10, 1550 Horne Road.
The foregoing resolution was passed and approved with the following vote: Garrett,
Chesney, Cooper, Garcia. Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye".
1 1, b ORDINANCE NO. 026392
Ordinance appropriating $5,332 from a Texas Commission on Environmental Quality pre -
approved expenditure grant in the No. 1071 Grant Fund to provide funding for Site
Mitigation Measures and Site Closure at Fire Station No. 10, 1550 Horne Road.
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
August 23, 2005 - Page 5
13 a RESOLUTION NO. 026393
Resolution authorizing the City Manager or his designee to execute Amendment No. 1 to
the Advanced Funding Agreement with Texas Department of Transportation for the local
letting and construction management of the Wooldridge Road Bridge Replacement Project.
The foregoing resolution was passed and approved with the following vote: Garrett,
Chesney. Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye".
13 b MOTION NO. 2005-265
Motion authorizing the City Manager or his designee to execute a Contract for Professional
Services with LNV Engineering, of Corpus Christi, Texas in the amount of $1,766,131 for
the Wooldridge Road Improvements Project as follows: (BOND ISSUE 2004)
Phase 1 - from Staples Street to Airline Road
Phase 2 - from Airline Road to Rodd Field
The foregoing motion was passed and approved with the following vote: Garrett, Chesney,
Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye".
14 MOTION NO. 2005-266
Motion authorizing the City Manager or his designee to execute a construction contract with
Zimmerman Construction, of Burnett, Texas in the amount of $171,000 for the Senior
Center Improvements Project 2004-2005 (CDBG).
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. 2005-267
Motion authorizing the City Manager or his designee to execute a construction contract with
C. W. Campbell Electric, Inc., of Corpus Christi, Texas in the amount of $185,400 for the
O. N. Stevens Water Treatment Plant On -Going Instrument Maintenance Program FY
2005-2006.
The foregoing motion was passed and approved with the following vote: Garrett, Chesney,
Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye".
16 MOTION NO. 2005-268
Motion authorizing the City Manager or his designee to execute a construction contract with
Rabalais I & E Constructors, of Corpus Christi, Texas in the amount of $97,888 for the O.
N. Stevens Water Treatment Plant On -Going Generator Testing and Maintenance FY 2005-
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
August 23, 2005 - Page 6
17 a ORDINANCE NO. 026394
Ordinance appropriating $43,813.95 in the Airport Capital Reserve Fund 4611; transferring
and appropriating $32,813.95 into the Airport Capital Improvement Program Fund - Capital
Reserve Fund 3020A for Engineering Services for Airport improvements associated with
Runway 17-35; amending FY 2005-2006 Operating Budget adopted by Ordinance No.
026385 to increase appropriations by $43,813.95; amending FY 2004-2005 Capital Budget
adopted by Ordinance No. 026188 to increase appropriations by $32,813.95.
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Garrett, Chesney, Cooper. Garcia, Kelly, Kinnison, Marez, and Scott,
voting "Aye"; Noyola abstained.
7 b MOTION NO. 2005-269
Motion authorizing the City Manager or his designee to execute an
Architectural/Engineering Services Contract with Pierce, Goodwin, Alexander and Linville
(PGAL), Inc., of Irving, Texas in an amount not to exceed $536,278 for multiple Airport
Improvement Projects including Runway 17/35 Shoulders and Blast Pads, Improve Airport
Drainage - Phase 4/New ACTC, Runway 17/35 Lighting and Cable Improvements and
Apron Pavement Repair.
The foregoing motion was passed and approved with the following vote: Garrett, Chesney,
Cooper, Garcia, Kelly, Kinnison, Marez, and Scott, voting "Aye"; Noyola abstained.
18 a ORDINANCE NO. 026395
Ordinance appropriating $26,557.92 from interest earnings into the Street 2001 Capital
Improvement Program Fund No. 3540 for the Advanced Fund Agreement Sidewalk
Accessibility Improvement Project with Texas Department of Transportation; amending the
FY 2004-2005 Capital Budget adopted by Ordinance No. 026188 by increasing
appropriations by $26,557.92.
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"
18.b MOTION NO. 2005-270
Motion authorizing the City Manager or his designee to increase the escrow amount of the
Advanced Funding Agreement with the Texas Department of Transportation (TxDOT) for
Change Order No. 10 in the amount of $217,058.97 for construction of barrier free ramps
and sidewalks at selected street locations associated with the Sidewalk Accessibility
Improvements 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
August 23, 2005 - Page 7
MOTION NO. 2005-271
Motion authorizing the City Manager or his designee to execute an Engineering Services
Contract with Freese and Nichols, Inc., of Fort Worth, Texas in an amount not to exceed
$179,100 for the Wholesale Raw Water SCADA Improvements - 2005 Project.
The foregoing motion was passed and approved with the following vote: Garrett, Chesney,
Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye".
20 MOTION NO. 2005-272
Motion authorizing the City Manager or his designee to authorize payment of Invoice
10018019 for twelve months software and hardware maintenance with Kronos, Inc., of
Chelmsford, Maryland in an amount not to exceed $38,582.85.
The foregoing motion was passed and approved with the following vote: Garrett, Chesney,
Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye".
21 MOTION NO. 2005-273
Motion authorizing the City Manager or his designee to execute a twelve-month
maintenance agreement with Siemens Transportation Systems, Inc., of Cedar Rapids, Iowa
in an amount not to exceed $68,311. Included in the maintenance agreement is hardware
support services for the Police and Fire Department's Automated Vehicle Locator (AVL)
system located in emergency vehicles.
The foregoing motion was passed and approved with the following vote: Garrett, Chesney,
Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye".
22 MOTION NO. 2005-274
Motion authorizing the City Manager or his designee to execute a twelve-month software
maintenance agreement with Vista Solutions Group, Inc., of Round Rock, Texas in an
amount not to exceed $26,208. Included in the maintenance agreement are the VisiFlow
applications utilized by the Municipal Court, Finance, and Engineering Services
Departments for electronic document archival and work flow routing.
The foregoing motion was passed and approved with the following vote: Garrett, Chesney,
Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye".
23 MOTION NO. 2005-275
Motion authorizing the City Manager or his designee to execute a twelve-month software
maintenance agreement with Tiburon, Inc., of Fremont, California in an amount not to
exceed $96,150. Included in the maintenance agreement are the Tiburon modules for
Records Management, Computer Aided Dispatch, Mobile Data, Automated Vehicle Locator
and Video Imaging.
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
August 23, 2005 - Page 8
24 MOTION NO. 2005-276
Motion authorizing the City Manager or his designee to approve the annual software
maintenance renewal with ESRI, Inc., of Redlands, California in an amount not to exceed
$41,667.60 for the ESRI suite of products used by the City's Geographic Information
System users.
The foregoing motion was passed and approved with the following vote: Garrett, Chesney,
Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye".
25 MOTION NO. 2005-277
Motion authorizing the City Manager to execute a Standard Form Contract for Providing
Water Where Property is Situated Partly or Wholly Beyond City Limits with Bay Area
Fellowship, a Texas domestic nonprofit corporation, owner and developer of Bay Area
Fellowship Church Tract, Block 1, Lot 1, located east of Chapman Ranch Road and south
of the Oso Creek, in accordance with the City Code of Ordinances, Article VIII -Water
Service Outside City, Section 55-111 Contract requirements where land is partly or wholly
beyond City.
The foregoing motion was passed and approved with the following vote: Garrett, Chesney,
Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye".
26.a ORDINANCE NO. 026396
Ordinance authorizing the City Manager or his designee to execute an Amendment to a
Use Privilege Agreement with Gary L. Martin, Mina K. Martin, Jack Taylor, and Romel
Gregorio to allow two additional connections to an existing private lift station and 3 -inch
force main approved by Ordinance No. 023854 (11-30-99); subject to owner's compliance
with the amended 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"
26.b. ORDINANCE NO. 026397
Ordinance authorizing the City Manager or his designee to execute a Private Wastewater
System Service Agreement with Gary L. Martin, Mina K. Martin, Jack Taylor, and Romel
Gregorio to allow the use and operation of a private wastewater system, including a
temporary lift station and force main, until the properties subject to this agreement can be
directly connected to the City's wastewater system in conformance with the Wastewater
Collection System Master Plan (Allison WWTP Service Area) and other City requirements.
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
August 23. 2005 - Page 9
27 ORDINANCE NO. 026398
Ordinance abandoning and vacating a 900 -square foot portion of a 10 -foot wide utility
easement out of Lot 18, Block 4, Candlewood Annex, located on Airline Road,
approximately150 feet north of Holly Road; requiring the owner, SSP Partners, 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"
28. ORDINANCE NO. 026399
Ordinance authorizing the City Manager or his designee to execute a three-year Use
Agreement with Corpus Christi Police Athletic League for baseball programs at TC Ayers
Park Field.
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".
29. ORDINANCE NO. 026400
Ordinance authorizing the City Manager or his designee to execute a five-year Use
Agreement with Corpus Christi Police Athletic League for baseball programs at Ben Garza
Park Field.
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 opened discussion on Item 12 regarding the Bayfront Development Plan,
Phase I. Mr. Bill Kopecky, 3609 Topeka, did not feel this item was appropriate for the consent
agenda, in part because of the high cost of the contract. He hoped the Council would seek
progress reports before the plans became too detailed due to the high public interest in the project.
Mr. Kinnison asked if the city still planned to seek commercial ventures to leverage the cost
of the project. Mr. Noe replied affirmatively, saying staff had contacted the primary landowner in
the area about potential ventures. Mr. Kinnison asked if staff planned on frequent progress reports
on the planning. Mr. Noe answered affirmatively. Assistant City Manager Ron Massey stated the
first phase of the project was a master planning effort, including a public input period, followed by
the actual road design. City Secretary Chapa polled the Council for their votes as follows:
12. MOTION NO. 2005-264
Motion authorizing the City Manager or his designee to execute a Contract for Professional
Services with Gignac & Associates, Architects of Corpus Christi, Texas in the amount of
$804,515 for Bayfront Development Plan Phase 1. (BOND ISSUE 2004)
The foregoing motion was passed and approved with the following vote: Garrett, Chesney,
Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye".
Minutes - Regular Council Meeting
August 23, 2005 - Page 10
Mayor Garrett opened discussion on Item 30 regarding proposed amendments to Time
Warner's cable franchise agreement. Mr. Marez expressed concern that the proposed
amendments would allow Time Warner to run advertisements on public access as a way to fill dead
air time. He felt public access should be used solely for public programming, not as a way to earn
revenues for Time Warner Director of E -Government Services Susan Cable stated the intent of
the proposed amendments was to make the franchise agreements for Time Warner and Grande
Communications more consistent. The issue was to amend the franchise agreement to allow Time
Warner to utilize access channels for such other purposes as they deemed appropriate whenever
the users were not utilizing the channels. She said Time Warner was already making efforts to fill
dead air with community bulletin board items and small business advertisements. She noted the
Cable Communications Commission, Time Warner, and Grande Communications were in
agreement with the proposed amendments.
Responding to Mr. Marez's question, Assistant City Attorney Lisa Aguilar stated the Time
Warner and Grande Communications franchise agreements were negotiated separately. The
Grande Communications franchise agreement included a provision for the use of fallow time, or
dead air, while the Time Warner contract did not.
Ms. Paula Kolda with Time Warner stated their position was that fallow time belonged to
the company. She said they planned to fill the time with public service announcements (PSAs),
bulletin board items, and small business advertising. She said the issue was to make the Grande
Communications and Time Warner agreements more consistent.
Mr. Noyola asked if Time Warner and Grande Communications showed the same public
access programming. Ms. Cable replied affirmatively, saying the companies had an agreement
allowing Grande Communications to feed into Time Warner's broadcast of the programming for
a fee.
Mr. Noyola asked if the shows on public access could be rotated to fill the air at all times.
Ms. Kolda replied negatively, saying the current rules and regulations were not conducive to this.
Ms. Cable explained the rules required that the program schedule be fair to all producers; thus, it
was difficult to re -air any shows due to equity issues. Mr. Noyola asked if there was a certain time
frame for programming, say from 10:00 a.m. to 10:00 p.m. Ms. Cable replied negatively, saying
the time slots were dependent upon the number of programs. Assistant City Attorney Aguilar
stated the practice had been not to show public access programming past 10:00 p.m., but this was
stipulated in the contract. Mr. Noyola stated although he was not opposed to Time Warner's
decision to run advertising to fill fallow time, the cable companies should try to maximize public
access channel usage by producers.
Mr. Chesney spoke in support of the proposed amendments. If there were not enough slots
to fill the air, then he felt the cable companies should be allowed to fill the time as they deemed
appropriate. City Secretary Chapa polled the Council for their votes as follows:
Minutes - Regular Council Meeting
August 23, 2005 - Page 11
30. ORDINANCE NO. 026401
Amending the franchise granted to Texas Cable Partners (Time Warner) regarding cable
operator use of access channels when not in use by access channel users.
(First Reading 7/19/05)
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 voting "No"
Mayor Garrett referred to Item 31.a. and Item 31.b., and a motion was made, seconded and
passed to open the public hearings on the following items:
31.a Public hearing amending the Urban Transportation Plan, an element of the Comprehensive
Plan of the City of Corpus Christi ("The City"), by providing for modification of street
designations on Third, Elizabeth and Santa Fe Streets near Christus Spohn Shoreline
Hospital; amending related elements of the Comprehensive Plan of the City.
32.a Public hearing to consider abandoning and vacating a 33,129.73 -square foot portion of the
Third Street public right-of-way, out of Blocks X and IX, Ocean View Addition, located
between the Elizabeth Street right-of-way and the Ayers Street right-of-way.
City Secretary Chapa noted that Mr. Scott would be abstaining from the vote and discussion
on Items 31 and 32.
Assistant Director of Development Services Michael Gunning reported the Christus Spohn
Hospital Health System was requesting the closure of Third Street between Ayers and Elizabeth
Street as part of a major building program to expand hospital facilities. He said Third Street was
designated a C-1 Collector Street in the Urban Transportation Plan, and the proposed closure
would require a Transportation Plan amendment. In addition, he said the proposed closure would
require additional lane improvements to Santa Fe and Elizabeth Street to handle traffic formerly
using Third Street. He said the closure would create a safer pedestrian connection between the
hospital facilities and a more efficient development pattern with regard to hospital facilities and
land
In summary, Mr. Gunning reviewed the proposed plan amendments as follows:
Delete the collector designation from Third Street between Ayers Street and Elizabeth
Street;
Re -designate Santa Fe Street, between Ayers and Elizabeth Streets, from a C-2 Collector
with three lanes to a C-3 Collector Street with four moving lanes and a center left turn lane
in 85 feet of right-of-way;
Re -designate Elizabeth Street, between Third Street and Santa Fe Streets, from a C-1
Collector with two lanes, to a C-2 Collector with three moving lanes and parking on one side
of the street in 78 feet of right-of-way.
Mr. David Frum, vice-president with Christus Spohn Hospital System, explained in Fall
2004, the health system unveiled a Master Facilities Plan to guide the growth at their Shoreline,
South, and Memorial campuses. He said the strategic planning initiatives were guided by the
Minutes - Regular Council Meeting
August 23, 2005 - Page 12
following goals: improved accessibility for patients and visitors; accommodations for growth of
ambulatory care services; and facilities for expanding medical practices. He said Christus Spohn
projected there would be a substantial shortage of health care providers within the next 10 to 15
years, and the region would be approximately 100 to 150 physicians short of meeting the
community demand. The proposed development would provide office space for these physicians.
In addition, he said sections of the Shoreline campus were old and in need of renovation. He said
the Critical Care Unit had recently opened in this area as part of these improvements. In
conclusion, Mr. Frum stated the closure of the Third Street presented the optimal solution for
addressing the pedestrian safety issues in this area, and he asked the Council to consider
approving their request.
Mr. Frum introduced Mr. John Mouritsen, project construction manager, who reported that
the proposed development would add two new medical office buildings totaling approximately
150,000 square feet of office space. He said the Shoreline campus presented several problems
that would only be exacerbated with further growth as follows: difficult access for both pedestrians
and cars; inconvenient and unsafe street crossings; and north traffic slowed by pedestrian crossing.
According to their analysis, Mr. Mouritsen stated the optimal solution to these issues included the
following components: close Third Street (between Ayers & Elizabeth); widen Santa Fe for two-way
traffic; widen Elizabeth Street for two lanes East to Third Street; improve parking and medical office
building siting; and enhance safety, convenience, and aesthetics.
Mr. Mouritsen displayed several slides depicting the proposed plans for the development.
He said the proposed street closure and improvements would create a safer environment for the
public by addressing the needs of the aging population; eliminating visibility problems created by
on -street parking; eliminating pedestrian traffic crossings on Third Street; facilitating the flow of
northbound traffic; and eliminating the danger of accidents in this area. In addition, he said the
proposed closure would optimize traffic flow on arterials.
Mr. Mouritsen discussed the developments impact on city infrastructure and adjacent
businesses. He said Christus Spohn had made the following commitments to address these
concerns: relocation of all utility services to avoid impacting adjacent businesses or residences; will
pay market value for property on Third Street; widen Santa Fe to five lane road section; add traffic
lights for northbound Santa Fe; and improve the infrastructure and amenities. He said Christus
Spohn was prepared to make the $1.078 million in improvements because they felt it was the right
thing to do for the community.
Mayor Garrett asked for public comment. Mr. Hank Reed, general manager for Marina Del
Sol Condominiums, spoke in support of Christus Spohn's street closure request.
A motion was made, seconded, and passed to close the public hearings. City Secretary
Chapa announced that Mr. Chesney was abstaining from the vote and discussion on Items 31 and
32. City Secretary Chapa polled the Council for their votes on Item 31.b. as follows:
Minutes - Regular Council Meeting
August 23, 2005 - Page 13
31 b ORDINANCE NO. 026402
Ordinance amending the Urban Transportation Plan, an element of the Comprehensive
Plan of the City of Corpus Christi ("The City"), by providing for modification of street
designations on Third, Elizabeth and Santa Fe Streets near Christus Spohn Shoreline
Hospital; amending related elements of the Comprehensive Plan of the City.
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Garrett, Cooper, Garcia, Kelly, Kinnison, Marez, and Noyola, voting
"Aye"; Chesney and Scott abstained.
City Secretary Chapa polled the Council for their votes on Item 32.b. as follows:
32.b ORDINANCE NO. 026404
Ordinance abandoning and vacating a 33,129.73 -square foot portion of the Third Street
public right-of-way, out of Blocks X and IX, Ocean View Addition, located between the
Elizabeth Street right-of-way and the Ayers Street right-of-way; subject to compliance with
the specified conditions.
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Garrett, Cooper, Garcia, Kelly, Kinnison, Marez, and Noyola, voting
"Aye"; Chesney and Scott abstained.
Mayor Garrett referred to Item 33.a., and a motion was made, seconded, and passed to
open the public hearing on the following item:
33.a Public hearing to consider abandoning and vacating a 6,033.11 -square foot portion of an
undeveloped and unsurfaced 20 -foot wide dedicated public right-of-way out of Lot 7, Sec.
40, Flour Bluff and Encinal Farm and Garden Tracts(approximately 650 -feet west of the
Flour Bluff Drive street right-of-way and opposite of Purdue Road).
Director of Development Services Barbara Bailey Holly stated the closure was being
requested by Shoreline Oaks, Inc. to allow for the future development of a residential subdivision.
Ms. Holly said the undeveloped right-of-way was in the northern part of a 40 -foot wide right-of-way
located in a manufactured home park. Staff recommended the city waive the payment of fair
market value because the abandoned street was unimproved, per Section 49-12 of the City Code
of Ordinances. In addition, she said the owner would also be dedicating public street rights-of-way
of greater value with the Shoreline Oaks subdivision to off -set the proposed abandoning and
vacating of public right-of-way.
There were no comments from the public. Mr. Garcia made a motion to close the public
hearing, seconded by Mr. Scott, and passed. City Secretary Chapa polled the Council for their
votes as follows
Minutes - Regular Council Meeting
August 23. 2005 - Page 14
33.b ORDINANCE NO. 026404
Ordinance abandoning and vacating a 6,033.11 -square foot portion of an undeveloped and
unsurfaced 20 -foot wide dedicated public right-of-way out of Lot 7, Sec. 40, Flour Bluff and
Encinal Farm and Garden Tracts (approximately 650 -feet west of the Flour Bluff Drive
street right-of-way and opposite of Purdue Road); subject to owner's 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 Item 34, and a motion was made, seconded, and passed to open
the public hearing on the proposed ad valorem tax rate increase. Assistant City Manager Oscar
Martinez stated the budget adopted on July 19, 2005 included an ad valorem tax rate of $0.625799
per hundred dollars valuation, and provided for the adoption of the ad valorem tax rate on
September 13, 2005. He said today's public hearing was the first of two scheduled public hearings
required before adoption (August 23 and August 30).
Mr. Martinez defined two terms, the effective tax rate and the rollback tax rate. He said the
effective tax rate was the calculated rate that would provide a taxing unit with approximately the
same amount of revenue it received in the prior year, on properties taxed in both years. The
rollback tax rate was the calculated maximum rate allowed by law without voter approval. Rollback
rate calculations allow taxing units to raise the same amount of maintenance and operations (M&O)
revenue raised in the prior year, plus an 8 percent increase.
Mr. Martinez went on to say that the legislative requirement regarding public hearings had
changed. Previously, the legislature required a public hearing if the tax rate adopted exceeded the
effective tax rate by three percent or met the rollback rate. However, the new public law adopted
in 2005 stated that if either rate was exceeded, regardless by what percentage, then a public
hearing was required. Per the new legislation, the governing bodies must hold two public hearings
for a rate increase, as mentioned previously. He noted the city placed a public hearing notice in
the newspaper and on its website.
Mr. Martinez reviewed the 2005 tax rates included in the FY 2005-2006 adopted budget.
The ad valorem tax rate was set at $0.625799, comprised of a M&O rate of $0.426624 and an l&S
(Interest & Sinking Fund) rate of $0.199175. The effective tax rate was $0.591025, including an
M&O rate of $0.428700. Finally, he said the rollback tax rate was $0.662171, composed of an
M&O rate of $0.462996 and an I&S rate of $0.199175.
Mr. Martinez displayed a chart illustrating the history of assessed valuations from 1995 to
2005. He pointed out that in 2005, the assessed valuations tax roll was $10.478 billion, an increase
of 8 7 percent in net values. He noted that $276,420,033 of this amount was attributable to new
growth, or 2.6 percent of total values. He stated the rate had been increasing over the last ten
years by approximately $400 million a year, indicative of a healthy economy.
Mr. Martinez displayed a chart depicting the history of ad valorem tax rates from 1996 to
2005 (proposed). He noted that the proposed 2005 M&O rate was $0.426624, the lowest rate in
ten years. The only increase was in the debt service (or I&S) rate, with an increase of 2.5 cents
Minutes - Regular Council Meeting
August 23, 2005 - Page 15
to fund the 2004 Bond Issue
Finally, Mr. Martinez displayed a chart comparing ad valorem tax revenues budgeted in FY
2004-05 and in FY 2005-06. Despite having an M&O rate that was less than the effective rate, FY
2005 general fund revenues were projected to be $395,000 higher than in FY 2004 because of new
growth. He noted, however, that this was a relatively flat increase. The FY 2005 debt service rate
revenues were projected to increase by $3.9 million compared with FY 2004, as approved by voters
in the 2004 Bond Issue.
Mayor Garrett asked for public comment. Mr. J.E. O'Brien, 4130 Pompano, suggested that
future ad valorem tax rate public hearings be held at a set time to encourage more public
attendance. In addition, he spoke in favor of a larger tax rate decrease, and spoke against any
utility rate increases. Mr. Bill Kopecky, 3609 Topeka, asked the Council to follow this trend to
decrease taxes next year, and asked them to consider limiting utility rate increases next year.
Mr. Scott asked Mr. Martinez to e-mail him a copy of this presentation so he could discuss
t with constituents. He said it was a clear indicator that the community was growing.
Mr. Kinnison asked Mr. Martinez to provide a dollar value of the effect of the tax freeze. He
said the amount was approximately $30,000, and he apologized for previously giving Mr. Kinnison
an inaccurate number. He said he would do a further analysis and provide the information to the
Council.
Mr. Garcia made a motion to close the public hearing, seconded by Mr. Scott, and passed.
Mayor Garrett emphasized the Council would take no action on this issue today, but would vote
on adopting the ad valorem tax rate at the second public hearing on September 13.
Mayor Garrett referred to Item 35, and a motion was made, seconded, and passed to open
the public hearing on the following zoning case:
Case No. 0605-09, Jerry Silva: A change of zoning from "1-2" Light Industrial District to a
"R-1 C" One -family Dwelling District on Tract 1; an "A-1" Apartment House District on Tract
2; and a "B-1" Neighborhood Business District on Tract 3. The property is 1.18 acres out
of La Gloria Subdivision, Block F, Lots 1 and 2, the west 100 feet of Lot 20, and Lots 15-19
located on the east side of Bright Street between Reyna Street and Morgan Avenue.
City Secretary Chapa said the Planning Commission and staff recommended approval of
a "R -1C" One -Family Dwelling District on Tract 1; an "A-1" Apartment House District on Tract 2;
and a "B-1" Neighborhood Business District on Tract 3.
No one appeared in opposition to the zoning change. A motion was made, seconded, and
passed to close the public hearing. Mr. Chapa polled the Council for their votes as follows:
Minutes - Regular Council Meeting
August 23, 2005 - Page 16
35. ORDINANCE NO. 026405
Amending the Zoning Ordinance, upon application by Jerry Silva by changing the zoning
map in reference to 1.18 acres out of La Gloria Subdivision, Block F, Lots 1 and 2, the west
100 feet of Lot 20, and Lots 15 thru 19 located on the east side of Bright Street between
Reyna Street and Morgan Avenue from: "1-2" Light Industrial District to a "R -1C" One -family
Dwelling District on Tract 1, "A-1" Apartment House District on Tract 2, and "B-1"
Neighborhood Business District on Tract 3; amending the Comprehensive Plan to account
for any deviations from the existing Comprehensive Plan.
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 Item 36 listed on the agenda as follows:
Case No. 0605-01, TEMET Properties: A change of zoning from "R -1A" One -family
Dwelling District to a "R-2" Multiple Dwelling District. The property is Edgewater Terrace,
Block 4, Lots 8,9, 10 and 11, located along the southwest corners of Ocean Drive, South
Alameda Drive and Edgewater Drive.
City Secretary Chapa said the Planning Commission and staff recommended denial of"R-2"
Multiple Dwelling District and, in lieu of, approval of a "R-1A"/PUD-2 - One -family Dwelling District
with a Planned Unit Development 2, subject to a site plan and (9) nine conditions.
City Secretary Chapa noted the applicant had made a written request to table this item until
September 13. Mr. Chesney made a motion to table the case until September 13, seconded by
Mr. Garcia, and passed.
36. TABLED UNTIL SEPTEMBER 13 2005
Unit Development -2, subject to a 3itc plan and nine (0) conditions, amending the
Mayor Garrett referred to Item 37, and a motion was made, seconded, and passed to open
the public hearing on the following zoning case:
Case No. 0605-07 Nueces Real Estate Partnership L.P.: A change of zoning from "R-16"
One -family Dwelling District (minimum 6,000 square foot lots) to a "R -1C" One -family
Dwelling District (minimum 4,500 square foot lots). The property is 55.73 acres out of
Bohemia Colony Lands, Lot 3, Section 8, located west of Kostoryz Road and Galvan
Elementary School.
City Secretary Chapa said the Planning Commission and staff recommended approval of
a "R -1C" One -family Dwelling District
No one spoke in opposition to the zoning change. Mr. Garcia made a motion to close the
public hearing, seconded by Mr. Scott, and passed. City Secretary Chapa polled the Council for
Minutes - Regular Council Meeting
August 23, 2005 - Page 17
their votes as follows:
37 ORDINANCE NO. 026406
Amending the Zoning Ordinance, upon application by Nueces Real Estate Partnership, L.P.
by changing the zoning map in reference to 55 73 acres out of Bohemia Colony Lands, Lot
3, Section 8 from "R-1 B" One -family Dwelling District to "R-1 C" One -family Dwelling District;
amending the Comprehensive Plan to account for any deviations from the existing
Comprehensive Plan.
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 was
Item 38 regarding the Neighborhood Initiative Program (NIP). Acting Director of Neighborhood
Services Yvonne Haag stated this was the program's second year in existence. She introduced
the following city staff members to discuss the various program accomplishments: Police Chief
Pete Alvarez; Code and Zoning Administrator George Oresco; Solid Waste Administrator Lawrence
Mikolycky; Streets Administrator Andy Leal; and City Engineer Angel Escobar. She also
recognized the city staff members and residents in the audience who supported the program.
Ms. Haag said the NIP was designed to enhance the quality of life through the delivery of
concentrated services and programs provided by the City of Corpus Christi. By working in
partnership with the neighborhood residents, the city's goal was to raise awareness of the code and
zoning ordinance, provide information on accessing city services, and promote clean and safe
neighborhoods.
Ms. Haag listed the FY 2004-2005 program NIP Areas 6 through 10 as follows: NIP #6
Agnes/Port Ave./Highland/Baldwin area (Westside): Sept. 13 -Oct. 7, 2004; NIP #7
Greenbay/Matlock/Stone/SPID/NAS Dr./ NAS -CC (Flour Bluff): Oct. 25 -Nov. 15, 2004; NIP #8
Horne/Molina/West Point/Columbia (Westside): January 10 - February 3, 2005; NIP #9
Baldwin/Greenwood/Horne/Crosstown Hwy 286/ S. Port Ave.: Feb. 10 - March 7, 2005; and NIP
#10 IH -37 (MLK)/N. Port Ave./W. Broadway: April 11 to May 2, 2005.
Ms. Haag referred to the NIP Action Team, comprised of the following city departments:
Engineering, Environmental Programs, Fire, Gas, Health/Animal Care, Neighborhood
Services/Code Enforcement; Police; Parks and Recreation; Solid Waste; Street; and Storm Water.
Ms. Haag discussed the current funding and resources for the NIP program. She said the
program was funded through a combination of CDBG funding ($400,000) and General
Fund/Utilities funding ($1.5 million).
Ms. Haag briefly discussed the components of the NIP action plan for each area as follows:
pre -assessment; schedule a neighborhood meeting; develop a customized Action Plan; and
establish a neighborhood outreach center. She further discussed the Action Plan, saying it was
comprised of a three to four week clean up period, special activities (e.g. rabies clinic, police auto
theft task force, Paint with Pride), post assessment, and progress report.
Minutes - Regular Council Meeting
August 23, 2005 - Page 18
Police Chief Alvarez provided a progress report on Police/Directed Patrol efforts in NIP
Areas #6-10. He listed a number of accomplishments, including the creation of five new Neighbors
on Watch Programs, 128 new HEAT registrations (anti -auto theft task force), 168 VIN etching, 84
building board -ups. and the distribution of 87 family violence pamphlets.
Code Enforcement and Zoning Coordinator George Oresco discussed Neighborhood
Services and Code Enforcement efforts in clearing and mowing 900 vacant lots and abandoned
structures in the last two NIP areas. Of these 900 issues, approximately 320 property owners
resolved the issues on their own. In addition, he said code enforcement had issued 700
abandoned/junk car notices; out of this number, 489 owners had complied with the notice and
removed the vehicles. Finally, he said he worked closely with the Police department on boarding
up or demolishing vacant buildings.
Mr. Noyola was strongly supportive of the NIP program, saying it had been extremely
effective in his district. Mr Garcia agreed.
Mayor Garrett called for a brief recess to present proclamations, and then said he would
call for public comment. He said Ms. Haag could continue the presentation after public comment.
The Council returned from recess, and Mayor Garrett called for petitions from the audience.
Mr. John Howell, 6617 Park Wind Drive, spoke in support of the city's Wi-Fi project and their
involvement in Intel's Digital Cities Initiative.
Mr. Phil Rosenstein spoke in support of the ordinance prohibiting smoking in all restaurants,
and encouraged the public to vote in the upcoming special election on this issue.
Mr. Johnny French, 4417 Carlton Street, invited the Council to attend the Coastal Issues
Forum on September 12, 2005 at 5:30 p.m. at Texas A&M -Corpus Christi. He also provided a list
of questions he would like answered at the meeting regarding the proposed beach closure to
vehicular traffic on the new Packery Channel jetties.
Ms. Rosemary Knippa asked the Council to consider appointing her to the Nueces County
Tax Appraisal District Board of Directors.
Ms. Sherry Dunlap, 5825 Hopkins Road, provided a progress report on her animal advocacy
group's activities. She also asked for statistics on the city's euthanasia rates for last year.
Ms. Becki Jones, 1856 CR 32, invited the Council to accompany members of her animal
advocacy group on a ride -along to experience her animal advocacy group's efforts in the
community firsthand.
Mr. Michael Allen spoke regarding his concerns about poverty and poor educational levels
in the community.
Mr. Jack Gordy, 4118 Bray, spoke regarding his concerns about the public access studio,
referring to a letter Assistant City Manager Oscar Martinez sent Ms. Cruz Colomo about the studio
equipment. He asked the city to take swift action to acquire the equipment. Mr. Martinez stated
the landlord had restricted access to the property because the studio rent was in arrears. He said
the landlord had agreed to allow access to the studio once a check for $2,400 in overdue rent had
Minutes - Regular Council Meeting
August 23, 2005 - Page 19
been paid
Mr. Frank Gallardo, 4201 Dyer, spoke regarding insufficient parking spaces for persons with
disabilities, asking that more citations be issued for unauthorized use.
Ms. Lee Braun, spoke in favor of acquiring grant funding to fund more ADA -accessible trails
in Oso Park and other city parks.
Mayor Garrett called for a brief recess to present commendations for NIP program
participants.
Mayor Garrett asked Ms. Haag to resume the NIP program presentation. Ms. Haag
introduced Assistant Director of Solid Waste Services Lawrence Mikolajcyzk, who reported that a
total of 1,313 tons of trash, debris, brush, tires, and concrete were picked up in NIP Sites 6-10.
Street Services Administrator Andy Leal stated street crews were still working in NIP Sites 9 and
10. He said in total, street services had filled 65 ruts, 325 lots of level up and seal work, and had
replaced 1524 street sign replacements. Finally, City Engineer Angel Escobar discussed the
engineering department's efforts to address speed hump installation and street lighting
enhancements. In NIP Sites 6-10, he said 209 lights were replaced, and 57 speed hump
installations had been approved. He noted only two speed hump installations had been completed
because the citizens in the requesting neighborhoods were required to fund 25 percent of the
funding.
Ms. Haag reported on the accomplishments of a number of other departments. The
Health/Animal Care division in NIP Sites 6-10. She said 10 animal sweeps had been conducted,
192 animals were impounded, 40 citation issued, 19 animal neglect cases initiated, and eight
animal clinics held
Regarding the Fire department's accomplishments, Ms. Haag stated they had conducted
472 fire safety demonstrations, distributed 158 smoke detectors, and serviced 427 fire hydrants.
The Park and Recreation department had hosted the commemorative tree planting
ceremonies in each of the neighborhoods, implemented park improvements, landscaped
playground areas, and removed graffiti.
The Storm Water department cleaned over 1,334 inlets and mowed over 3,426,879 linear
feet of ditches and right-of-ways. She also briefly mentioned the efforts of the Gas department,
primarily through Operation Heat Help.
Ms. Haag reported on the progress of the Neighborhood Pride Program, the sustainability
component of the program The purpose of the program was to encourage, educate, and empower
the residents in the Neighborhood Initiative Program to better maintain and continuously improve
the quality of life in their neighborhood. She said the city's goal was to assist the neighborhoods
in sustaining the improvements by providing information, resources, and contacts to meet their
goals. She thanked the Park and Recreation department for their efforts in coordinating these
meetings.
Minutes - Regular Council Meeting
August 23, 2005 - Page 20
Ms. Haag announced the five recommended neighborhood sites for the FY 2005-2006 NIP
program. She briefly described the site selection process and criteria. The selected sites were as
follows: Site #11 Elgin (Old Brownsville/Morgan/Osage/Highland/S. PorUGreenwood/Lawton - Sept.
13 - Oct. 7, 2005; Site #12 Hillcrest/Northside/Nueces Bay Blvd./W. Broadway/N. Port/IH-37 - Oct.
25 -Nov. 15, 2005; Site #13 S. Port/Agnes/Crosstown Expressway/Morgan - Jan. 9 -Feb. 3, 2006;
Site #14 SPID/Waldron/NAS/Skipper/Laguna Madre - Mar. 20 - April 14, 2006; and Site #15
Baldwin/Crosstown Expressway/Morgan/Staples/Ayers May 15 -June 9, 2006. In conclusion, Ms.
Haag thanked all community partners for assisting with the program.
Mayor Garrett suggested the city erect a "Neighborhood Pride Program" sign in those
participating neighborhoods. Ms. Haag replied the street services department had already
designed a sign to mark the entrance to the major neighborhoods that had completed the program.
Mayor Garrett announced the executive sessions, which were listed on the agenda as
follows
47. Executive session under Texas Government Code Section 551.071 regarding Public Utility
Commission of Texas, Docket No. 31056, Application of AEP Texas Central Company and
CPL Retail Energy, LP to determine True -Up Balances pursuant to Public Utility Regulatory
Act Section 39.262, with possible discussion and action related thereto in open session.
48. Executive session under Texas Government Code Section 551.073 regarding the
deliberations about a prospective gift or donation from the government of Spain, with
possible discussion and action related thereto in open session.
The Council went into executive session.
The Council returned from executive session. Mayor Garrett referred to Item 39, a
presentation on City Council Focus Area: Neighborhoods (Infill and Affordable Housing initiatives).
Assistant City Manager Margie Rose stated the Council identified neighborhood issues, specifically
infill and affordable housing initiatives, as one of their focus areas at their May 2005 Council retreat.
Ms. Rose first discussed the city's current affordable housing programs as follows: home buyer
program; new construction home buyer program; American Dream Down Payment Program; and
In -fill Neighborhood Revitalization Pilot Program with Nueces County Community Action Agency.
Ms. Rose discussed two programs for the Council's consideration today, the Model Block
Program and the Small Lot Program. Regarding the Model Block Program, she said it was a
comprehensive plan to provide opportunities and resources for an improved quality of life in a
designated neighborhood/target area identified for potential revitalization and development. She
said this program would work well with the NIP program because it similarly focused on a ten to
fifteen block area, but the improvements would be more comprehensive.
Ms. Rose stated the first step in implementing a Model Block Program would be to
commission a comprehensive study by a consultant for a Neighborhood Revitalization Strategic
Plan to include the following components: a comprehensive assessment of needs; development
of revitalization strategies; and identification of tools for revitalization. Regarding the assessment
of needs, Ms. Rose stated the goal was to identify major issues to be addressed for an effective
Minutes - Regular Council Meeting
August 23, 2005 - Page 21
neighborhood revitalization program as follows: neighborhood and economic stability; prevent
further housing and neighborhood deterioration; resource availability; facilitate land assembly for
renovation and redevelopment; stimulate, support, and increase affordability and housing
development; and increase special needs housing (accessibility issues).
Ms. Rose went on to discuss the development of revitalization strategies component of the
Model Block Program. She said these strategies were action plans established to guide the
response to existing conditions and opportunities found in each target area/neighborhood. The
revitalization strategies would focus on the following aspects: improve the community's basic
attributes; increase, target and leverage resources dedicated to revitalization; setting priorities and
timelines; identifying financing tools and regulation tools; and identifying housing development
tools. Ms. Rose mentioned a number of potential community partnerships that could be forged to
further this program, including agencies like the public housing authority, financial lending
institutions, and community housing development organizations (CHDOs). She said this was a
crucial component to ensure the success of the program.
Ms. Rose discussed the estimated timeline for implementing the Model Block Program. The
city could commission a comprehensive study by a consultant for a Neighborhood Revitalization
Strategic Plan from September 2005 to January 2006. From February to March 2006, a
presentation on the study results would be made to the Council, and the city would designate target
neighborhoods/areas to implement the program. From April to May 2006, the city would develop
strategies, and identify resources, partners, and tools. A Council update would be scheduled in
June 2006, and implementation of the pilot project would be scheduled in July 2006.
Ms. Rose discussed the second program for consideration, the Small Lot Program. She
noted that a 1997 city study identified approximately 7,200 vacant lots which were platted in the
1930s and 1940s. These lots were non -conforming lots because they did not meet current zoning
regulations with regards to lot width (less than 100 feet) and lot area (less than 4,500 square feet);
hence, they were essentially useless for building. Ms. Rose stated that small lot development
generally required a variance and platting to take place.
Ms. Rose reviewed the recommended process for the Small Lot Program as follows:
amending the city's Comprehensive Plan to aggressively pursue development of small lots with
affordable single-family homes; entering into Interlocal Agreements with taxing entities; identifying
foreclosure lots; identifying funding sources; develop Request for Proposal; and engage the
development community/private sector financing.
Ms. Rose covered the estimated timeline for the implementation of the Small Lot Program.
Between September and October 2005, staff would identify non -conforming foreclosure lots in the
city. identify funds to acquire the lot; and amend the Zoning Ordinance. From November 2005 to
January 2006, she said staff would establish Interlocal Agreements with taxing entities and develop
a Request for Proposal. From February to March 2006, staff would purchase Tots; partner with
banking/finance community/ credit counseling agencies; solicit potential families for program; and
provide Council with an update. From April to June 2006, staff would solicit Request for Proposals
from potential builders, and select builders for the program. Finally, the program would be
implemented in July 2006
Ms. Rose listed a number of potential funding sources as follows: CDBG funds; HOME
funds; 4A funds; and Community Development Corporation funding.
Ms. Rose discussed the next steps in the process. First, staff would develop appropriate
Minutes - Regular Council Meeting
August 23, 2005 - Page 22
documents for Council consideration. Second, they would follow the estimated timelines as
outlined in the presentation. Third, they would keep the Council informed on the status of the
programs.
Finally, Ms. Rose stated future discussions should include areas such as an annual
inspection program for multi -family units, a change of ownership inspection program for single
family, and inclusionary zoning.
Mr. Noyola asked staff to look into a concern about the American Dream Down Payment
Initiative, saying constituents had informed him that financial institutions were reluctant to make
loans to program participants because of the city's $5,000 lien requirement. City Manager Noe
replied the purpose of the lien was to prevent an individual from purchasing a house under this
program, and then selling it two years later for a profit. Ms. Rose and Mr. Noe said they would look
into the matter.
Mr. Noyola spoke in support of the Model Block Program. He asked for the cost to
implement the program. Ms. Rose replied the cost would depend on the results of the
comprehensive assessment study.
Mr. Noyola expressed concern about having participants in the Small Lot Program deal
directly with home builders. He was concerned some builders would try to exploit the homebuyers
by raising their prices. He asked Ms. Rose if there was a cap on the price of the homes. Ms. Rose
replied the goal was to stipulate a price of $50,000 to $65,000. Ms. Rose said the Request for
Proposal would include a maximum price for the home to find home builders willing to work in this
price range. Mr. Noyola was concerned that there weren't any home builders willing to work in this
price range because of the low profit margin involved. Ms. Rose said she had heard conflicting
information about the level of interest for home builders, but the only way to truly know was to try.
Mr. Noyola emphasized that he wanted the process to be as simple as possible for the homebuyer,
and he wanted to keep the homes as affordable as possible.
Regarding the proposal to create a change of ownership inspection program for single
family homes, Mr. Noyola spoke against this idea, saying it would make it too difficult to sell a
home. The Council concurred with his objection.
Mr. Kelly remarked there seemed to be a considerable amount of overlap between the
Model Block Program and the Small Lot Program. Ms. Rose replied affirmatively. Mr. Kelly noted
there was little specificity provided on the implementation of the Model Block Program, and stated
this was probably because staff wanted to wait for the results of the comprehensive assessment
of needs. He said he would like the program specifications to allow for flexibility and to be applied
citywide when possible. Mr. Kelly spoke in support of the proposed programs, saying he was
excited at the prospect of putting more families into homes.
Mr. Scott expressed concern that the proposed programs were too bureaucratic, and he
asked staff to look for ways to allow the free enterprise system to work. He suspected that if the
city truly wanted to promote affordable housing, it should change its requirements to allow carports
instead of garages, for example. Ms. Rose replied this was an area that would be included in the
Request for Proposals. Mr. Noe added in the neighborhoods in question, home builders were not
coming in to develop them. Thus, the city's participation was valuable, not bureaucratic, in finding
new ways to make homes more affordable.
Mr. Garcia raised a number of concerns about the selection process for builders in the
Minutes - Regular Council Meeting
August 23, 2005 - Page 23
Small Lot Program. First, he was concerned about the possibility of selecting a builder for the
programs who was not qualified financially. He also said it was possible that some homebuyers
who acquired lots would want to build the homes themselves, or use an acquaintance to build it.
In this scenario, the lot could lay dormant for years while the homebuyers acquired materials. He
agreed with Mr. Scott's suggestion that the city change its requirements to allow for more flexibility
to reduce the cost of a home, by allowing carports instead of garages, for example. Ms. Rose
replied Mr. Garcia's concerns would be provided for in the Request for Proposal. She said staff
would speak with homebuilders to get their comments before developing the Request for Proposal.
Mr. Garcia also suggested bundling five or ten of the acquired lots to make them easier to
build on. City Manager Noe agreed that there were many details that needed to flushed out. He
said the Nueces County Community Action Agency had set a precedent with their successful infill
lot program that it was possible to find builders for these projects. Staff felt the programs were
viable, and was simply asking the Council for time to work through the details. Mr. Garcia spoke
in support of the program concepts, but felt there were questions left to be answered.
The last presentation was Item 40, a report on the Automated Meter Reading (AMR) and
Wireless Broadband (WiFi) pilot projects, including a preliminary WiFi business plan. Director of
Gas Services Debbie Marroquin stated the initial goal of the project was to find a cost-effective and
more efficient way to read water and gas meters. She said the city faced a number of issues
related to the current meter reading process as follows: safety issues; high employee turnover;
manual system that was prone to error; aged infrastructure requiring meter replacement; individual
metering; and an antiquated meter reading system.
Ms. Marroquin stated the result was to begin a pilot program to evaluate an Automated
Meter Reading (AMR) system using wireless broadband (Wi-Fi). Contracts were awarded to Public
Technology, Inc. (PTI) to design, implement, and evaluate the AMR system, and to Northrop
Grumman and TROPOS to install the AMR and WiFi pilot projects.
Ms. Marroquin said the results of the pilot programs were positive. Safety issues were no
longer a concern, and AMR produced accurate readings that were available twice a day.
Consequently, customer service was improved. In addition, she said AMR was successfully
interfaced with the Utility billing system to produce accurate monthly statements. The finalized cost
projections indicated that AMR was a cost-effective and more effective method of meter reading;
thus the pilot goals were achieved.
Director of Municipal Information Services (MIS) Ogilvie Gericke covered the projected
deployment cost. He said the citywide AMR deployment cost, including pilot costs, was
$26,797,868. The citywide non -AMR infrastructure rehabilitation cost was $5,276,127, for a total
cost of $32,073,995_
Mr. Gericke reviewed the projected AMR acquisition and operational costs for the first five
years of deployment. In Year 1 and Year 2, the city would actually lose $57,200 and $22,580
respectively, attributable to recouping the debt cost of the project. In Year 3, the city would see a
$70,438 savings; Year 4 . $119,644; and Year 5 - $173,262. He said the total cost reduction over
20 years was estimated at $3.6 million.
Mr. Gericke stated staff was requesting the Council's approval to enter into Year 1 of the
five-year contract The total cost of citywide deployment of AMR was $3,341,370, comprised of
Minutes - Regular Council Meeting
August 23, 2005 - Page 24
the following costs: AMR system installation including maintenance and monitoring - $2,727,000;
$237,970 - infrastructure rehabilitation non -AMR related; and project management - $376,400. He
said the funding was included in FY 2005 CIP program.
As part of the process, Mr. Gericke stated staff made the unexpected discovery that Wi-Fi
bandwidth could support other uses. He discussed the preliminary business plan. First, he said
staff investigated, evaluated, and executed city Wi-Fi uses for cost savings and service
improvement. Second, they discussed key benefits, advantages, and services that Wi-Fi could
provide to other local public agencies, particularly CCISD and the Port of Corpus Christi Authority.
Third, they developed a 'Call for Partnership" to attract private firms to promote economic
development.
Mr. Gericke covered the potential for other city uses of Wi-Fi in more detail. For instance,
he said Wi-Fi worked well with the re-engineering effort. It allowed mobile workers to access data
from the field. Wi-Fi enabled the use of automated vehicle locators for public safety, utilities and
public works. In addition, Wi-Fi can assist with the automation of water and gas distribution; video
surveillance; cell phone replacement; real-time transfer and access of data; and the interconnection
of traffic signals for progression. He discussed the use of a smart card that EMS could use to
transfer patient data from ambulance to trauma center. Finally, he mentioned the use of kiosks to
provide information, and a WebEOC to allow field responders direct access.
Mr. Gericke discussed potential Wi-Fi uses in the public and private sectors. He listed a
number of public agencies that could potentially partner with the city, such as schools, colleges,
and university; Port Authority; Regional Transportation Authority; TxDOT; Nueces County; and
hospitals. In the private sector, he said small businesses, the Downtown Management District,
SBC, Time Warner and Grande Communications, internet service providers, and hardware and
application developers could find uses for the technology.
Mr. Gericke stated Wi-Fi could become an economic development tool for the city. It
distinguished the city from other cities, serving as a potential stimulus for relocation. Wi-Fi could
attract companies with products and services that made use of this technology. He mentioned the
public relations value of the "Digital Community" designation from Intel. Finally, he mentioned the
economic benefit to existing local businesses.
Mr. Gericke covered the status of the city's efforts to build partnerships. In July 2005, the
city issued a "Call for Partnership", and 13 letters of interest were received. On August 8, 2005,
a teleconference with those interested companies was held. On August 18, 2005, Intel issued a
national press release regarding the cities of Taipei, Cleveland and Corpus Christi as Digital
Communities. On August 19, 2005, a Call -for -Partnership Conference was hosted, and nine
companies attended.
Mr. Gericke reviewed the Wi-Fi preliminary cost model for Years 1 through 5. He noted in
Year 1 and Year 2, the city would be in the red, but from Year 3 on, the city would see a cash
positive flow. He said Wi-Fi also created grant opportunities for the city, and staff was pursuing
grants in Homeland Security and Emerging Technologies.
Mr. Gericke reviewed the combined cost model for AMR and Wi-Fi. In Year 1 and Year 2,
the cost reduction would be in the red, but from Years 3 to 5, the city would see substantial cost
savings. He emphasized staff was using conservative cost projections, so the savings could be
higher.
Minutes - Regular Council Meeting
August 23, 2005 - Page 25
Mr. Gericke discussed the Wi-Fi implementation costs. The completed AMR pilot cost
$1,041,200 The citywide WiFi deployment cost was comprised of the following costs: $5,672,770 -
Northrop Grumman; $132,605 - Pronto for sign -on services; $100,000 - AEP for mounting rights
and power supply To support the Digital Communities effort, Mr. Gericke said the costs in Phase
were estimated at $79,950 (completed) and $55,000 in Phase II.
Mr. Gericke referred to a map outlining the four zones in which Wi-Fi would be phased in
citywide. He said the deployment would take approximately one year (six months per phase).
In summary, Mr. Gericke said staff was requesting authorization to begin Year 1 of the AMR
project and to implement citywide deployment of Wi-Fi.
Ms. Cooper commented that a common complaint during town hall meetings was inaccurate
meter reading. She was glad the pilot program had successfully addressed this problem. She
asked for more information on the Call for Partnership. City Manager Noe said the city wished to
Inform the private sector about the new technology so they could initiate the applications. He said
three different types of companies responded - software producers; companies with an interest in
a small part of the deployment; and large national players.
Ms. Cooper spoke in support of the AMR/Wi-Fi initiative, stating the city would eventually
see a cost savings through AMR and Wi-Fi. She was pleased about the potential as an economic
development as well.
Mr. Marez said he understood the city would receive computer equipment and software
as part of the Digital Cities Initiative. Mr. Noe replied affirmatively, saying Dell Computers was
providing computers as part of the Proof of Concept. In addition, he said Intel would also provide
technology to underserved populations as a way to provide connectivity to all aspects of the
community
Mr. Marez also asked if the city had plans to keep the hottest tourist areas as hotspots,
similar to San Francisco. Mr. Noe answered affirmatively, saying City Hall, libraries, the marina,
and large public parks were all planned to be hotspots.
Mr. Kelly spoke in support of using Wi-Fi as a way to bridge the digital divide. He noted the
city was discussing Wi-Fi with CCISD, but asked if other school districts had been contacted. Mr.
Noe replied he planned to meet with other school district superintendents later this week. Mr. Kelly
also asked about the Economic Development Corporation's efforts to market Wi-Fi. Mr. Noe
replied EDC President Roland Mauer planned to showcase the city's Wi-Fi project at an upcoming
technology project. He emphasized that the city planned to use Wi-Fi as a way to leverage
economic development.
Mr. Scott spoke in support of the AMR/Wi-Fi project.
Mr. Kinnison spoke in support of the Wi-Fi project, but expressed concern about the
business plan. He had expected the business plan to be more tailored and include a specific
partner(s), similar to Philadelphia's plan City Manager Noe replied staff was convinced the plan
was feasible. Mr. Kinnison said this project would have a significant impact on utility rates. He was
concerned the city did not have a commitment from a specific partner, and thus he was
uncomfortable spending money on the deployment. He said good planning was key to the success
of the Wi-Fi project. Mr. Noe said the city would not see a cost savings immediately, but staff
would include Wi-Fi costs and revenues into the next utility rate model to plan for the future. Mr.
Minutes - Regular Council Meeting
August 23, 2005 - Page 26
Kinnison stated he was told the city would have a business plan before spending any funds, and
he did not see one presented today. Mr. Noe said he would have the information Mr. Kinnison
wanted by the end of the calendar year
There were no comments from the public. City Secretary Chapa polled the Council for their
votes as follows
4 I . RESOLUTION NO. 026407
Resolution expressing official intent to reimburse costs of the Citywide Automated Meter
Reading and Wi-Fi projects
The foregoing resolution was passed and approved with the following vote: Garrett,
Chesney, Cooper, Garcia, Kelly, Marez, Noyola, and Scott, voting "Aye"; Kinnison voting
"No".
Mayor Garrett opened discussion on Item 42, a contract to implement Year 1 of the AMR
project. There were no comments from the public. City Secretary Chapa polled the Council for
their votes as follows:
42.a MOTION NO. 2005-278
Motion authorizing the City Manager or his designee to execute a contract with Northrop
Grumman Commercial Information Services, Inc., of Herndon, Virginia in the amount of
$2,964,970 to provide all components and labor necessary for implementation of Phase 1
of the Citywide Automated Meter Reading (AMR) project, including infrastructure
rehabilitation.
The foregoing motion was passed and approved with the following vote: Garrett, Chesney,
Cooper, Garcia, Kelly, Marez, Noyola, and Scott, voting "Aye"; Kinnison voting "No".
42.b MOTION NO. 2005-279
Motion authorizing the City Manager or his designee to execute a contract with RAM
Technologies, Inc., of Fort Washington, Pennsylvania in the amount of $376,400 to provide
contract management and technical services necessary for implementation of Phase 1 of
the citywide Automated Meter Reading (AMR) project, including infrastructure rehabilitation.
The foregoing motion was passed and approved with the following vote: Garrett, Chesney,
Cooper, Garcia, Kelly, Marez, Noyola, and Scott, voting "Aye"; Kinnison voting "No".
Mayor Garrett opened discussion on Item 43 regarding AMR contracts related to the Digital
Communities project. There were no comments from the audience. City Secretary Chapa polled
the Council for their votes as follows.
Minutes - Regular Council Meeting
August 23, 2005 - Page 27
43.a MOTION NO. 2005-280
Motion authorizing the City Manager or his designee to execute a contract with Northrop
Grumman Information Technology, Inc., of Reston. Virginia in the amount of $5,672,770
to:
Design, install, and test the citywide wireless broadband (WiFi) mesh network and
integrate it with the existing fiber/leased line network ;
Perform a manpower utilization and business continuity study; perform a network -
focused impact analysis to identify "at -risk" infrastructure; assist in the network
documentation migration; and develop processes and procedures on project and
change management;
Develop a strategic roadmap to assist the City in aligning itself to best meet the
anticipated change, growth and newer technological evolution.
The foregoing motion was passed and approved with the following vote: Garrett, Chesney,
Cooper, Garcia, Kelly, Marez, Noyola, and Scott, voting "Aye"; Kinnison voting "No".
43.b MOTION NO. 2005-281
Motion authorizing the City Manager or his designee to execute a contract with Pronto
Networks, Inc., of Pleasanton, California in the amount of $132,605 to provide hardware
and management services necessary for secure sign -on to the WiFi broadband network.
Included is $23,625 for first year maintenance and $6,480 for 1,800 School District
subscribers. In addition, Pronto will receive $2 per user per month for non-governmental
use.
The foregoing motion was passed and approved with the following vote: Garrett, Chesney,
Cooper, Garcia, Kelly, Marez, Noyola, and Scott, voting "Aye"; Kinnison voting "No".
43.c MOTION NO. 2005-282
Motion authorizing the City Manager or his designee to execute a contract with Public
Technology Institute, Inc. (PTI), of Washington, DC in the amount of $55,000 for support
of the Digital Communities Effort.
The foregoing motion was passed and approved with the following vote: Garrett, Chesney,
Cooper, Garcia, Kelly, Marez, Noyola, and Scott, voting "Aye"; Kinnison voting "No".
Mayor Garrett opened discussion on Item 44 regarding the Trans -Texas Corridor Study.
Assistant City Manager Ron Massey stated the Trans-Texas/I-69 Corridor was a proposed
statewide network oftransportation routes that will incorporate existing and new highways, railways,
and utility right-of-ways. Specific routes have not been determined.
Mr. Massey said the State of Texas has initiated an environmental study in January 2004
to identify a preferred corridor, If a preferred corridor is selected, it will serve as a study area for
additional environmental studies. As envisioned, Mr. Massey said the Trans -Texas Corridor would
contain right-of-way up to 1,200 feet wide, which presented a challenge on US 77. He said the
King Ranch had already invoked their status as a historical site to hinder the effort to obtain this
Minutes - Regular Council Meeting
August 23, 2005 - Page 28
size of right-of-way. An alternative route would run west of Hwy 281. He said the environmental
study would ultimately determine the route.
Mr. Massey said the purpose of this resolution was to inform the Texas Transportation
Commission about the Council's position on the preferred route as follows: the connection of the
Port of Corpus Christi with the Port of Laredo and the lower Rio Grande Valley as a high priority
of the 1-69 corridor; that US 77 and SH 44 be integrated into the continued environmental and
planning work associated with the 1-69 project; and to expedite the upgrading of US 77 and possibly
SH 44 to interstate standards.
Mr. Scott emphasized that the city needed to make a strong statement in favor of an
interstate roadway from Corpus Christi's port to the Rio Grande Valley to promote trade
opportunities. He encouraged the city to work with Laredo and the Rio Grande Valley to make
needed infrastructure improvements.
Mr. Garcia stated the Ca!alien area was in favor of the corridor on US 77, but was
concerned about the 1200 ft. right-of-way. He was in favor of a golden triangle concept including
Corpus Christi, Laredo, and Brownsville, as suggested by Ms. Judy Hawley. Mr. Massey said the
Corpus Christi Chamber of Commerce was working with the Laredo Chamber of Commerce to
discuss this concept for a future presentation to the Texas Transportation Commission.
There were no comments from the public. City Secretary Chapa polled the Council for their
votes as follows
44. RESOLUTION NO. 026408
Resolution supporting the connection of the Port of Corpus Christi with Mexico via the Port
of Laredo and US 77 in its designation as a high priority for the Trans -Texas Corridor Study.
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 45 regarding the removal of an expiration date
for the Municipal Court technology fee. Municipal Court Judge Rodolfo Tamez explained the four
dollar Municipal Court technology fee was established in October 1999. In 2003, the State
Legislature repealed their law requiring an expiration date of September 1, 2005 for these fees.
Thus, Judge Tamez was recommending the city do the same to remain in compliance with state
yawas well as to retain the revenues generated by the fund.
Mr. Kelly reported the Municipal Court Committee concurred with staff's recommendation.
There were no comments from the audience. City Secretary Chapa polled the Council for their
votes as follows:
Minutes - Regular Council Meeting
August 23, 2005 - Page 29
45. ORDINANCE NO. 026409
Ordinance amending Ordinance Number 23804, which established a Municipal Court
Technology Fund, by repealing Section 4 to eliminate an expiration date September 1,
2005; providing an effective date
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 opened discussion on Item 46 to establish the Juvenile Case Manager Fee.
Judge Tamez explained this item would amend Chapter 29 of the city code to establish a Juvenile
Case Manager fee of up to $5.00 per new state legislation. He said staff determined that a $3.00
fee would be sufficient, and would be effective on January 1, 2006. He said the fee was needed
to fund these important positions
Mr. Kelly reported the Municipal Court Committee was in support of the $3.00 fee, saying
t was sufficient to meet the funding levels required. There were no comments from the public.
City Secretary Chapa polled the Council for their votes as follows:
46. ORDINANCE NO. 026410
Ordinance amending the Code of Ordinances, City of Corpus Christi, Chapter 29 to
establish the Juvenile Case Manager Fee; providing an effective date.
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 reported he had received several calls from individuals who had received
citations and were asked to appear in court, but the judge was 45 minutes to an hour late for the
court date. Judge Tamez said he would look into the matter.
Mayor Garrett called for the City Manager's report. City Manager Noe recognized the
Finance Department for receiving a certificate of achievement for excellence in financial reporting
for last year's annual financial report. He said the city received a second place award in the
interview/talk show category for the Cityscape Corpus Christi program.
Next week, Mr. Noe said a key item would be a presentation from the Tri -Data consultants
on the Fire department review.
Mayor Garrett repeated the Horne Road project did not compare with the Gollihar Road
project. City Engineer Angel Escobar stated the Horne Road project was a complete street
reconstruction. The Gollihar Road project was primarily a drainage project, so the street work was
only done on the outside lane with some patch work. He agreed the quality of work was much
better on Horne Road. Mayor Garrett reiterated his desire to ensure quality work by contractors
and good inspections.
Mayor Garrett also asked City Manager Noe to review the procedures and policies at the
Minutes - Regular Council Meeting
August 23, 2005 - Page 30
landfill. He said the city was making it overly difficult to drop trash off at the landfill by requiring
too much identification. He said he had noticed piles of trash on West Point Road that were
probably due to people illegally dumping their trash because they couldn't leave their trash at the
landfill. City Manager Noe stated the city required individuals to demonstrate they paid their
garbage fee by showing their utility bill He said he would look at the process to ensure the process
was fair.
Mayor Garrett called for Council concerns and reports. Mr. Noyola agreed that people were
Illegally dumping trash on West Point Road. He asked the city to pick up this trash. In addition,
Mr. Noyola asked for a copy of the Tri -Data report as soon as it was available. Mr. Noe said the
extensive report was supposed to be Fed-Exed tomorrow, so the Council should receive it on
Friday at the latest.
Mr. Scott asked staff to respond to the questions in Mr. Johnny French's letter about beach
closures. Mr. Scott also asked staff to respond to a letter from the Police Officers Association
about the county's refusal to accept prisoners in the jail. In addition, Mr. Scott asked staff to
address citizen concerns about the $31,000 cut in the library book budget. Finally, he asked staff
to review the research Mr. Peter Torres had submitted regarding ways to inhibit speeding on Santa
Fe.
Mr. Marez asked about an ADA ramp constructed on Pierce and Ayers. He noted there was
no sidewalk between Pierce and Horne Road, so half of the ramp would be unaccessible. City
Engineer Escobar reported the contractor had removed the ramp and sidewalk that was there, and
were supposed to finish constructing the ramp. In addition, Mr. Marez said he took a tour of
Corpus Christi Beach with Mr. Tom Schmid of the Texas State Aquarium and Mr. Rocco
Montesano of th USS Lexington Museum. He said parts of the area were dilapidated, and he
asked code enforcement to investigate. He also pointed out there was confusing signage in the
area, and asked staff to look into it. He said there was a trash problem in the area, and he asked
the city to place more trash cans in the area. He also stated several lots were overgrown with
weeds, and many sidewalks were in disrepair. Finally, he mentioned a problem with a 4x4 plate
near the Radisson Hotel that presented a safety hazard.
Mr. Marez also expressed concern that the notices for the NIP meeting in District 2
(Wesley) were not sent out until the day before the meeting. He asked staff to distribute the
notices earlier Finally, he asked Chief Alvarez to patrol the downtown area more heavily.
Mr. Garcia thanked City Engineer Escobar for providing a dump truck to pick up trash in the
Flour Bluff area. He reported an individual had dumped a substantial amount of trash on Roscher
Road, and he asked staff to clean this area up. He also asked staff to respond to Mr. Johnny
French's letter
There being no further business to come before the Council, Mayor Garrett adjourned the
Council meeting at 4:10 p.m. on August 23, 2005