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HomeMy WebLinkAboutMinutes City Council - 01/24/20061 HEREBY CERTIFY that the foregoing is a true and correct copy of the minutes of the Regular Meeting of the Corpus Christi City Council of January 24, 2006, which were approved by the City Council on Januar- 31. 2006. WITNESSETH MY HAND AND SEAL, on this the 31st day of January, 2006. Armando Chapa City Secretary SEAL PRESENT Mayor Henry Garrett Mayor Pro Tem Bill Kelly Council Members: Brent Chesney Melody Cooper Jerry Garcia Rex Kinnison John E. Marez Jesse Noyola Mark Scott MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Meeting January 24, 2006 — 10:00 a.m. City Staff: City Manager George K. Noe City Attorney Mary Kay Fischer City Secretary Armando Chapa Mayor Garrett called the meeting to order in the Council Chambers of City Hall. The invocation was delivered by Rector Ned Bowersox of Episcopal Church of the Good Shepherd and the Pledge of Allegiance to the United States flag was led by Council Member Marez. ************* Mayor Garrett called for consideration of the consent agenda (Items 1-7). City Secretary Chapa announced that Mr. Kelly would be abstaining from the vote and discussion on Item 4. Mr. Bill Kopecky, 3609 Topeka, and Mr. Marez requested that Item 4 be pulled for individual consideration. A motion was made, seconded, and passed to approve Items 1 through 7, constituting the consent agenda, except for Item 4, which was pulled for individual consideration. City Secretary Chapa polled the Council for their votes as follows: 1 MOTION NO. 2006-011 Motion approving a supply agreement with the Performance Food Group, of Victoria, Texas in accordance with the Coastal Bend Council of Governments Bid Invitation No. CBCOG-06-3 for paper goods, for an estimated six month expenditure of $25,541.59. The term of the contract shall be for six months with an option to extend for up to three additional months, subject to the approval of the Coastal Bend Council of Governments, the supplier, and the City Manager or his designee. Funds have been budgeted by Senior Community Services in 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 January 24, 2006 — Page 2 MOTION NO. 2006-012 Motion approving a supply agreement with Hill Country Dairies, of Corpus Christi, Texas in accordance with the Coastal Bend Council of Governments Bid Invitation No. CBCOG-06-2 for 152,000 half-pint containers of low fat milk, based on low bid for an estimated twelve-month expenditure of $29,640. The term of the contract shall be for twelve months with an option to extend for up to three additional months, subject to the approval of the Coastal Bend Council of Governments, the supplier, and the City Manager or his designee. Funds have been budgeted by Senior Community Services in 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". 3.a. RESOLUTION NO. 026616 Resolution appointing Dr. Colette Simon, M.D. as the alternate local Health Authority and authorizing the City Manager or his designee to execute a compensation agreement with Dr. Simon for the protection of the public health, safety, and welfare. The foregoing resolution was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye". 3.b. ORDINANCE NO. 026617 Ordinance appropriating $10,000 in the No. 1020 Fund to compensate Dr. Colette Simon, M.D., for the provision of services as the alternate local Health Authority as provided under the terms of a Professional Services Agreement; amending the FY2005- 2006 annual budget adopted by Ordinance No. 026385 by increasing appropriations by $10,000. 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. 2006-013 Motion authorizing the City Manager or his designee to execute Amendment No. 2 to the Contract for Professional Services with Shiner, Moseley and Associates, Inc., of Corpus Christi, Texas in the amount of $76,020.84 for a total re -stated fee of $610,436.84 for the Greenwood Drive, Phase 1, from Gollihar to South Padre Island Drive Project. (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 January 24. 2006 — Page 3 6.a. MOTION NO. 2006-014 Motion approving the Sanitary Sewer Collection Line Extension Construction and Reimbursement Agreement with Shaws Development Joint Venture, developer of Northwest Crossing Subdivision Units 5 and 6 located west of Rand Morgan Road and south of Leopard Street for the installation of 513 linear feet of off-site 15 -inch sanitary sewer collection line. The foregoing motion was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye". 6.b. ORDINANCE NO. 026619 Ordinance appropriating $70,740.88 from the Sanitary Sewer Collection Line Trust Fund No. 4220-250420 to pay Shaws Development Joint Venture for the installation of 513 linear feet of off-site 15 -inch sanitary sewer collection line as specified in the Sanitary Sewer Collection Line Extension Construction and Reimbursement Agreement, to develop Northwest Crossing Subdivision Units 5 and 6. 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". 7.a. ORDINANCE NO. 026620 Ordinance repealing Ordinance No. 026423 adopted on August 30, 2005, and reappropriating $47,146.28 to the Arterial Transmission and Grid Main Trust Fund No. 209010-4030 from the Developer reimbursement request for the installation of 640 linear feet of a 12 inch PVC water grid main to develop Lot 1 of Brighton Park Baptist Church. 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. 026621 Ordinance repealing Ordinance No. 026424 adopted on August 30, 2005, and reappropriating $10,635.41 to the Distribution Main Trust Fund No. 209020-4030 from the Developer reimbursement request for the installation of 384 linear feet of an 8 -inch PVC water distribution main to develop Lot 1 of Brighton Park Baptist Church. 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 January 24. 2006 — Page 4 7 c. MOTION NO. 2006-015 Motion approving the Arterial Transmission and Grid Main Construction and Reimbursement Agreement submitted by Staples Development, LLC, owner and developer of Manhattan Estates Units 1 and 2, located west of Airline Road and south of Brooke Road for the installation of 1595 linear feet of a 12 -inch PVC water grid main. The foregoing motion was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye". ORDINANCE NO. 026622 Ordinance appropriating $133,358.59 from the Arterial Transmission and Grid Main Trust Fund No. 209010-4030 to pay the developer reimbursement request for the installation of 1595 linear feet of a 12 -inch PVC water grid main to develop Manhattan Estates Units 1 and 2. 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". 7.e. MOTION NO. 2006-016 Motion approving the Distribution Main Extension Construction and Reimbursement Agreement submitted by Staples Development LLC, owner and developer of Manhattan Estates Units 1 and 2, located west of Airline Road and south of Brooke Road for the installation of 410 linear feet of a 8 -inch PVC water distribution main. 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. 026623 Ordinance appropriating $12,695.75 from the Distribution Mains Trust Fund No. 209020- 4030 to pay the developer reimbursement request for the installation of 410 linear feet of a 8 -inch PVC water distribution main to close the gap on Brooke 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". Mayor Garrett opened discussion on Item 4 regarding the reimbursement of costs for the Packery Channel Improvement Project. Mr. Bill Kopecky, 3609 Topeka, asked if this action made the cumulative cost of the Packery Channel Project amenities equal to $900,000. Director of Finance Cindy O'Brien responded that previously, the Council had authorized a $500,000 reimbursement, and she said staff was requesting an additional $400,000 reimbursement today. Mr. Kopecky commented that the Caller -Times recently ran an article showing that the south side of Packery Channel was being developed as a private marina. He believed that the Packery Channel TIF approved by the voters portrayed the south side of Packery Channel as an area for various public amenities. He said he hoped the funds were being spent on the south side of Packery Channel. Minutes — Regular Council Meeting January 24, 2006 — Page 5 In response to Mr. Scott's question, City Manager Noe stated the TIF plan showed amenities closer to the beach on the south side of the Packery Channel, but not along the south side of the channel. The significant amenities were planned for the north side of the channel. Mr. Marez withdrew his question. City Secretary Chapa polled the Council for their votes as follows. 4 RESOLUTION NO. 026618 Resolution expressing official intent to reimburse costs of the Packery Channel Improvement Project. The foregoing resolution was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kinnison, Marez. Noyola, and Scott, voting "Aye"; Kelly abstained. ************* Mayor Garrett deviated from the agenda, and referred to the presentations on the day's agenda. He noted that staff had withdrawn Item 8, a presentation regarding the Tall Ships Visit to the City. The first presentation was Item 10, the Corpus Christi Convention and Visitors Bureau (CVB) quarterly report. CVB Director Tom Galyon reported that the CVB was currently preparing for the 2006 United States Bowling Congress (USBC) Open Championships, taking place from February 11 through July 2, and an estimated 120,000 people were expected to travel to the city for the conference. CVB staff, under the direction of Ms. Kim Lemley, had established "Team Corpus Christi", comprised of more than 20 individuals in the hospitality industry who were disseminating information on the USBC attendees to targeted area businesses. In addition, CVB staff had initiated a front line training program to promote customer service levels, with 150 attendees since last Wednesday. Mr Galyon reported on other upcoming conferences in the area. The Jehovah's Witness conference was scheduled in August at the American Bank Center; moreover, staff was finalizing a multi-year contract with conference organizers to return to Corpus Christi for an estimated local economic impact of over $15 million. In addition, Mr. Galyon stated CVB staff was negotiating a contract with a group that had not held a convention outside of Bryan/College Station in over 40 years. Mr Galyon discussed other CVB sales activities. He stated the CVB sales team, including 12 area hospitality partners, planned to capitalize on the city's current momentum at the Austin Meeting Planners showcase. Morevoer, Ms. Linda Fort, director of destination sales, would be entertaining a group of eight British tour operators. Next month, the sales team would be traveling to Nashville to attend the American Business Association marketplace, and to Mexico to attend Expo Vacaciones. Finally, he said staff was investigating various ways to capitalize on the upcoming direct air service to Monterrey, Mexico. He mentioned a new e - newsletter that sales staff was issuing to new clients. Mr Galyon stated that the CVB's website continued to receive excellent traffic, and highlighted a unique website feature, Visit in Corpus Christi Interactively, or VICCI. In addition, there was a link accessing the CVB's comprehensive statistical visitor industry overview. In conclusion, Mr. Galyon stated the city's billion -dollar tourism industry was doing well, and staff expected the city would have a busy Spring Break. He asked Mr. Brian Lewis with the USBC to provide a brief overview on the upcoming championships. Minutes — Regular Council Meeting January 24, 2006 — Page 6 Mr Lewis reported that the 143 -day tournament would bring 120,00 bowlers and guests form all over the country. Scheduled events would take place from 7:00 a.m. to 2:00 a.m. every day, and were open to the public. He said the USBC was spending $1 million to transform the American Bank Center into a bowling stadium. Finally, he said USBC bowlers fondly remembered their 1992 visit to Corpus Christi, and were looking forward to the mild weather. Council Member Scott asked Mr. Galyon to help articulate the impact a Padre Island resort development would have on the city's hotel/motel tax revenues by providing estimates on the tax revenues generated by 1,000 additional hotel rooms at approximately $100 a night. Mr. Galyon said he would provide the estimates in different formats for his review. ************* The next presentation was Item 9, a quarterly update on the Crime Control and Prevention District. Mr. Butch Pool, chairman of the Crime Control District Board of Directors, stated that FY 2005-06 fund balance remained healthy. With 42 percent of the budget year completed. he said expenditures were at 36 percent of budget, and revenues were slightly up. He pointed out that the district was fully funding the Pawn Shop Detail project. Police Commander Bryan Smith further explained that the Crime Control District continued to focus on funding its core programs as follows: 50 police officers; the Juvenile Assessment Center; and the Pawn Shop Detail. In addition, the District continued to maintain long-term fiscal responsibility and control. Finally, he said the Board of Directors was developing projections in preparation for the renewal vote in November 2007. Commander Smith briefly reviewed the FY 2006-07 budget calendar as follows: February 15 — review of the proposed FY 2006-07; May 3 — CCD budget will be adopted by the Board; June 20 — City Council approves or rejects the proposed budget. Commander Smith discussed the assignments for the 50 officers funded through Crime Control District as follows: eight directed patrol officers; 10 Juvenile Enforcement Team (JET) officers; five bicycle officers; three moped officers; two traffic safety officers; one narcotics officer (with a drug dog); one Campus Crime Stoppers officer; and 20 patrol officers to enhance the patrol response. Commander Smith also provided quarterly updates on a number of projects funded through the district. He highlighted the Pawn Shop Detail program, which was fully staffed on October 31, 2005 with three data entry clerks and one office manager. Since October, the program had recovered 125 items valued at $55,884.94, and had also identified 22 "frequent pawners" with criminal records. The Directed Patrol program had completed 97 emergency board -ups and had cleaned 104 graffiti sites using district funds. The Walking Motors patrol had issued more than 200 criminal trespass warnings, and had conducted 15 transient/panhandler initiatives. The Campus Crime Stoppers program generated 178 cases and awarded $11,144 in rewards, resulting in 19 weapons recovered from local schools, $28,312 recovered in stolen property, and $7,619 recovered in drugs. Finally, he reported the Juvenile Enforcement Team (JET) made 209 gang arrests in 2005, 127 of which were felony arrests; confiscated 43 firearms from known and suspected gang members; and recovered nine stolen vehicles. Commander Smith also mentioned that the Police department conducted a enforcement/education training to curb thefts in the SPID shopping area during the Christmas season (November 25 through January 2). The Police department distributed 13,000 leaflets Minutes — Regular Council Meeting January 24, 2006 — Page 7 and contacted 26,000 citizens, resulting in a 67 percent decrease in robberies, 64 percent decrease in fraud, 67 percent decrease in embezzlement, and a 24 percent decrease in vandalism/criminal mischief. Commander Smith also provided an update on the Juvenile Assessment Center (JAC). He said the center had provided services to 1,082 children and their families in 2005. The JAC returned over 752 children to school for a total of 44,693 average daily attendance (ADA) - eligible days during FY 2005, which saved local school districts over $1.34 million. Moreover, he highlighted that the JAC processed only 84 repeat offenders out of 1,163 intake cases, a recidivism rate of only 7.2 percent. Finally, he said Corpus Christi was named one of the 2005 America's Promise 100 Best Communities for Young People based largely upon the strengths of the JAC program. In response to Mayor Garrett's question, Commander Smith stated that all the positions funded through the Crime Control District were fully staffed. Of the 50 officers funded through the district, he said 20 officers were assigned to augment the city's police patrol as planned. Mayor Garrett commented that if the police force was understaffed, then it was due to inadequate funding from the city's general fund, not the district. Mr. Kinnison asked when the Crime Control District tax would expire. Commander Smith replied if the voters did not renew the tax, then it would expire in April 2008. Mr. Kinnison asked if there were any legal restrictions to prevent the city from holding the election before fall 2007. City Attorney Fischer replied negatively, saying the Crime Control Board of Directors could request an earlier election date. Mr. Kinnison felt it would be better to hold the election this fall for several reasons. First, he said holding a joint election this fall would reduce costs; if the election was held in 2007, it would the only issue on the ballot. In addition, he felt holding the election earlier would give the district more certainty in their fate for planning purposes. Commander Smith added that the Board was considering whether to extend the taxing period from five to ten years. Mr. Kinnison spoke in support of extending the period, saying the voters would more than likely continue their support. Chairman Pool also spoke in support of holding the election in the fall. Mr Chesney spoke in support of a fall election, and he also felt the community would support extending the taxing period from five years. He also praised the Juvenile Assessment Center, saying it was an amazing program. He thanked Mr. Pool and staff for ensuring the success of the Crime Control District. In response to Mr. Garcia's question, Commander Smith said the FY 2006-07 budget would maintain the current staffing levels for police officers, the Juvenile Assessment Center and the Pawn Shop Detail. Commander Smith added that full staffing from the general fund as well as the Crime Control District would allow the Police department to accomplish more of its goals. The police force was currently understaffed because more individuals left the force this year than anticipated, but Commander Smith reported that 29 officers would be graduating from the police academy next month. Mr. Garcia also asked questions about Directed Patrol Program efforts to fight graffiti and on the CCPAL program. Mr. Noyola praised the Directed Patrol and Pawn Shop Detail programs. He also asked if the district would be ready to hold an election in the fall. Commander Smith and Chairman Pool answered affirmatively. Mr. Noyola spoke in support of extending the taxing period to 10 years. He asked what the consequences would be if the Crime Control District issue were to fail. Commander Smith replied that one consequence would be that police force staffing would Minutes — Regular Council Meeting January 24, 2006 — Page 8 drop to 1997 levels. He also pointed out that all the city's community policing initiatives were tied to district funding, and it would be unfortunate to see them diminished. Mr. Noyola asked staff to publicize this information to the voters. Mr. Kelly asked if one Directed Patrol Officer was stationed at every middle school as initially planned. Commander Smith responded negatively, saying that there were currently only eight DPOs. He noted that the Board of Directors had not updated the plan recently, and it may be time to change the mix of officers to meet community needs. ************* Mayor Garrett referred to Item 11.a., and a motion was made, seconded, and passed to open the public hearing to consider an amendment to the 1961 Master Plan for Storm Drainage as follows 11.a. Public hearing to consider amending the 1961 Master Plan for Storm Drainage for the Area South and West of the City of Corpus Christi to extend Master Channel 27 from Airline Road west to Cimarron Boulevard and expand the Master Channel 27 drainage basin to 1,137 acres for a 100 year design. (Tabled 12/20/05) City Engineer Angel Escobar explained that the Bond 2004 Street Improvement Project for Cimarrron Boulevard, Phase 1, and the continued development in the south side had resulted in flooding problems that required a reassessment of the drainage outfall capacity in the area. Currently, he said there were only two major storm water channels servicing this area, the Mary Carroll Channel and Master Channel 31. Both channels were conveying storm water flows beyond their respective capacities and were limited from five year (ditch) and 25 year (structures) storm events. To alleviate the flooding problems, staff was proposing the expansion of Master Channel 27, which would require an amendment to the 1961 Master Plan for Storm Drainage in the area. Mr Escobar stated the city had contracted with Mr. Govind Nadkarni with MEI Maverick to review the drainage system and, as a result, they were recommending the expansion of Master Channel 27. The proposed route for Master Plan Channel 27 would begin at Cimarron Boulevard and discharge into Cayo del Oso Bay. Increasing the drainage basin for Master Channel 27 will alleviate flooding by reducing the drainage areas of the existing Master Channel 31 and the Mary Carroll drainage systems. Mr Escobar stated that staff presented the plan to the Planning Commission on December 14, and the Commission unanimously endorsed the project. The proposed amendment was placed on the December 20 Council agenda, but the Council tabled the item until today, as requested by staff, to allow for more meetings with affected property owners. Staff held three meetings with property owners in January, and sent out 1,000 flyers and packets to residents and property owners in the affected area. Based on the input received at the meeting, staff was recommending an amendment to the proposed plan to relocate the alignment of Master Channel 27 to run along with and parallel to Brooke Road. In addition, citizens asked the city to ensure that they would have access to alternate routes in and out of their homes during the construction. Finally, he said the meetings allowed staff, property owners, and developers to coordinate efforts for joint development and City project coordination. Mr. Escobar introduced Mr. Nadkarni to discuss the project in more detail. He displayed slides of the affected areas and described the project. He said the changes would bring Mary Carroll Ditch and Master Channel 31 close to a 25 -year storm event level. He also displayed a Minutes — Regular Council Meeting January 24, 2006 — Page 9 slide depicting staff's recommendation for the new realignment of Master Channel 27 to address resident concerns. Mr. Scott expressed concern that if the Council was to approve this project, then they would unintentionally set a precedent for a 100 -year standard on all future master channels. Assistant City Manager Ron Massey replied the 100 -year standard was proposed in the Storm Water Master Plan. Mr. Escobar stated staff would be encouraging developers to use the 100 - year standard when developing vacant land in the future. Mr. Scott did not support using the 100 -year standard for all future ditches because of the enormous expense, and he was concerned that this was staff's intent. Mr. Escobar replied that it was not staff's intent. Mr. Chesney agreed with Mr. Scott, saying that setting a 100 -year standard for all ditches would increase the city's development costs tenfold. He preferred that the Council consider each case individually, with no guarantees that they would all be 100 -year standard. City Manager Noe pointed out that the Council directed staff to prepare the next element of the storm drainage master plan assuming a certain level of protection. Mr. Scott replied the Council had also asked engineering to provide a cost -benefit ratio on this project. Assistant City Manager Massey stated that the major issue had been to address drainage in subdivisions. He did not recall any major disagreements from the development community on 100 -year level master drainage ditches; rather, the issue was who would pay for the improvements. He said this had not been addressed in the Storm Water Master Plan. Mr Kelly stated that the Storm Water Master Drainage Plan was designed to address future growth throughout the region. In response to Mr. Kelly's question, Mr. Escobar stated that as the plan was being developed, the city was considering a 100 -year storm event capacity for the ditch system in the area. In addition, the city was considering updating any of the crossings in the area that might limit the 100 -year capacity. Mr. Kelly asked if the Mary Carroll ditch and Master Channel 31 would become a funnel to flood developments in the northwest area. Mr. Escobar answered negatively. Mr Kinnison thanked staff for the various meetings they held with citizens in the affected areas. He spoke in support of the proposed plan, saying it seemed to alleviate the flooding problem in the Brighton Village, Bordeaux Place, and Vineyard subdivisions. He asked when the plan would be implemented. Mr. Escobar said staff first needed to fund the project, so the project would be included in the CIP budget for Council consideration in February. He said the deadline to complete the Cimarron Boulevard Improvement Project was two years. In response to Mr. Garcia's question, Mr. Escobar stated staff would be recommending that only the backbone of the storm drainage system be developed at a 100 -year storm event level. Mr. Garcia agreed with Mr. Scott's concern that the Council did not want to say that all ditches would be developed at a 100 -year level, mainly because of the cost. He asked how much the proposed project would cost. Mr. Escobar replied staff was estimating that the project would cost between $13 and $15 million. Mayor Garrett asked for public comment. Mr. John Brook, 139 Seaford Street in San Antonio, said he was a property owner in the area. He spoke in support of the proposed project, and thanked staff for accommodating his request that the ditch be placed on the perimeter of his property. Ms. Andrea Kubsch, Rt. 1, Box 93H, and Ms. Jenny Battiga, Rt. 1, Box 93R, spoke in support of the proposed project. but reiterated that the city provide alternate routes to access Minutes — Regular Council Meeting January 24, 2006 — Page 10 their property during construction. Mr. Escobar assured them that the city would provide alternate access. Ms. Sylvia Ford, 3306 New Bedford in Brighton Village, spoke in support of the project, and thanked staff for their diligence. Mr Garcia made a motion to close the public hearing, seconded by Mr. Scott, and passed. Mr. Chesney made a motion to amend the proposed ordinance to include the new realignment of Master Channel 27 as recommended by staff, seconded by Mr. Garcia, and passed. City Secretary Chapa polled the Council for their votes as follows: 11.b. FIRST READING ORDINANCE Amending the 1961 Master Plan for Storm Drainage for the Area South and West of the City of Corpus Christi, Texas to extend Master Channel 27 from Airline Road west to Cimarron Boulevard and reconfigure Master Channel 27 drainage basin. (Tabled 12/20/05) The foregoing ordinance was passed and approved on its first reading as amended with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye". Mayor Garrett opened discussion on Item 12 regarding an amendment to the contract with Maverick Engineering for the Cimarron Boulevard Street Improvement Project. City Engineer Escobar explained that Amendment No. 2 proposed to expand the Basic Services and Additional Service for storm water improvements related to Master Plan Ditch No. 27, and to install a new wastewater force main and new traffic signal at the Brockhampton/Cimarron I ntersection. There were no comments from the public. City Secretary Chapa polled the Council for their votes as follows: 12. MOTION NO. 2006-017 Motion authorizing the City Manager or his designee to execute Amendment No. 2 to the Contract for Professional Services with Maverick Engineering, of Corpus Christi, Texas in the amount of $412,603 for a total re -stated fee of $1,846,514 for the Cimarron Boulevard Street Improvement Project: * Phase 1 - from Saratoga to Yorktown * Phase 2 - from Yorktown to Bison For additional design work on Phase 1 (BOND ISSUE 2004) The foregoing motion was passed and approved with the following vote: Garrett, Chesney, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye"; Cooper was absent. ************* Minutes - Regular Council Meeting January 24, 2006 - Page 11 Mayor Garrett called for a brief recess to present a proclamation. * * * * * * * * * * * * * The Council returned from recess, and Mayor Garrett opened discussion on Item 13 regarding a depository contract with Frost Bank to provide depository services for city funds. Director of Finance Cindy O'Brien explained that staff issued a Request for Applications (RFA) to 20 local banks regarding this contract on October 14, 2005. In addition, the RFA was advertised in the local newspaper on October 8 and 15, and the item was posted on the city's website. The application submission deadline was November 18, 2005. Ms. O'Brien stated that the city received four responses from Bank of America, First National Bank, Frost Bank, and Wells Fargo Bank, and one "no bid" from American Bank. The responses were scored on the following criteria: ability, experience, and success as depository - 30 percent; cost of services - 30 percent; problem resolution - 15 percent; cut-off time, hours of operation and locations - 10 percent; restrictions - 5 percent; reconciliation services - 5 percent; and direct deposit services - 5 percent. Each team member rated the proposals and ranked them first through fourth. These scores were then averaged to arrive at the total average points and the total average rank. Ms. O'Brien stated the evaluation team also considered a number of important factors in their evaluation as follows: lockbox services; functionality of system; service level; cost of services; and references. Ms. O'Brien stated that the total average points, on a scale of one to one hundred, ranged from 87.69 for Wells Fargo Bank, to 91.33 for First National Bank, with the top three banks only varying in score by 0.12 of a point. The total average ranking, first through fourth, was Frost Bank, First National Bank, Bank of America, and Wells Fargo Bank, respectively. Ms. O'Brien reported that though Frost Bank scored 91.26 to First National Bank's total average points of 91.33, more evaluators rated Frost Bank as their first selection. The significant factors relating to the selection of Frost Bank as the recommended depository are the combination of the high level of technological services offered and the reasonable cost of the four-year contract. She said, for example, that Frost Bank, as well as Wells Fargo and Bank of American, offered a relatively new service called remote capture, while First National did not. In addition, Ms. O'Brien said Frost Bank had provided excellent service for the past eight years. In response to Mr. Noyola's question, Ms. O'Brien stated that the First National bid was less expensive than the Frost Bank bid, but they were not able to provide Frost Bank's level of service. She said the annual four-year cost difference between the first and second bids was $36,000, but Frost Bank was able to provide critical services like remote capture that ultimately offset the cost of the Frost Bank. In addition, she said Frost Bank would save the city approximately $20,000 in interest income by providing access to their lockbox a day ahead to time. She said First National was a growing bank with excellent references and good clients, but they were not prepared at this time to meet the city's needs. Mr. Kinnison complimented staff for considering factors like interest income savings when evaluating the contract, rather than focusing strictly on the bottom line cost. He said many times. the lower-priced bid cost the city more in the long run because money was lost in other ways. There were no comments from the public. City Secretary polled the Council for their votes as follows: Minutes — Regular Council Meeting January 24, 2006 — Page 12 13. MOTION NO. 2006-018 Motion authorizing the City Manager or his designee to execute a depository contract with Frost Bank to provide depository services for City funds. 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 called for petitions from the audience. Mr. Sirfrederickvon U.S.A. King 7t1 P.O. Box 1181, suggested that the city use federal and state drug funds to attract more Mexican airlines to the Corpus Christi Airport. Mayor Garrett replied that drug fund monies could not be used for this purpose. Mr Jack Gordy, 4118 Bray, spoke regarding his concerns that the city seek accountability from the parties responsible for the use of a stolen city phone to make calls to his home and for stolen equipment from the public access studio. The following individuals requested that the City lease six acres of undeveloped, city - owned land in Commodore Park to Seashore Learning Center on Padre Island for their school expansion project: Aaron Ortiz, 13905 Sea Anchor; Colleen McIntyre, 13714 Three Fathoms; Dr. Donald Hanna, 15346 Barataria; Mary Ellen Hanna, 5441 Ocean Drive; Maryann Carl, 5522 Cutty Sark; Michelle Yarbrough, 15842 Portillo Drive; Hank Svoboda, 13905 Cabana; Jeff Young, 14021 Cabana; Bryan Enos, 13790 Three Fathoms; Bill May, 13926 Cabana North; Katie Howell, 13826 Hawksnest; Sharon Smith, 14313 Dorsal Street; Amy Peterson, 13705 Tajamar; Marylou Roper, 1040 Purdue Road; Garrett Dorsey, 14878 Granada; and Tammy Burkell. Ms. Colleen McIntyre, president of the Island Foundation that operates the Seashore Learning Center, further explained that three months ago, they discussed the possibility of leasing undeveloped land in Commodore Park for a public middle school, a community center, an a library. The city asked the foundation to demonstrate Island support for the project and to determine whether Flour Bluff ISD had plans to build a middle school on the island, which they did. She said it wasn't until later in the negotiations that Mr. Noe required Flour Bluff ISD's consent and full support for the expansion project before the city could approve the lease. She asked the Council to negate Mr. Noe's recommendation, because she knew Flour Bluff ISD would never agree to the expansion. Historically, Flour Bluff ISD had considered the Seashore Learning Center to be in competition with them for students, and had fought their efforts to become a charter school in the first place. In conclusion, she stated that the group would be providing a community center and library for Island residents, which the city had not been able to fund; thus, she felt it would be a win/win situation for the residents as well as the city. City Manager Noe replied that the city had not been involved with other charter schools before; and did not think it was appropriate to use city resources to the detriment of another taxing entity. He said he had met with the Island Foundation twice, along with several Council members, and had clearly articulated that the city would not recommend any lease of property without the Flour Bluff ISD's support. He said Flour Bluff ISD had been a good partner with the city, and the Council's priority was to enhance intergovernmental cooperation. Mr. Chesney agreed with Mr. Noe, saying he attended the meeting in question, and Mr. Noe had stated that Flour Bluff ISD's position on the expansion was at issue. He felt that having Minutes — Regular Council Meeting January 24, 2006 — Page 13 this discussion now was premature, however, because Flour Bluff ISD had not taken a formal position. Ms. McIntyre replied the Flour Bluff ISD representative Richard Pittman had told her the school was against the expansion. Mr. Chesney asked if she had received any written notification from the FBISD school board. Ms. McIntyre replied that she had asked for written notification several times with no response. Mr. Noe added that he had spoken with the FBISD superintendent recently and understood that they would be sending a letter. Mr. Chesney asked Mr Noe to speak with the superintendent again and ask him to submit a letter clearly stating the district's position. Mr. Chesney suggested that the Council could place this issue on the agenda to further inform the Council and to engage in dialogue with the Flour Bluff Independent School District. City Manager Noe hesitated to schedule this item on the agenda without knowing where the Flour Bluff ISD was in their process. He wanted to ensure that they had reached some level of concurrence before forcing them to discuss the issue publicly. He said he would speak with the district and the superintendent and report to the Council next week. Mr Chesney asked when the Island Foundation needed an answer. Ms. McIntyre replied their deadline was February 21 to ensure their grant funding. Mr. Noe said he could schedule the item for the first meeting in February if the Council wished, but he could not guarantee that the district would take a position on the issue. Mr. Chesney said he thought the Council and the public needed to see the Island Foundation's proposal for discussion. Mr Scott encouraged the group to speak to their elected Flour Bluff school board officials as well because they were definitely interested in the outcome. He noted that while fifty percent of the property tax dollars came from the Island, residents comprised only 13 percent of the students. He was disappointed that some members of the group seemed to suggest that the city had not supported the Seashore Learning Center, which was not the case. He expressed concern that by approving the lease, the city could be setting a precedent in which other entities would seek the same use of city resources. He asked Mr. Noe to tell the Flour Bluff ISD to put their position in writing or the process would go forward without them. He was reluctant to push the issue with the Flour Bluff ISD because the Council had identified improved intergovernmental relationships as one of their goals. Mr. Kinnison asked if the subject property was being used. Mr. Noe replied the property was vacant, and there was no current plan for the six acres in question. He said the city had not discussed the specific terms of the lease. In response to Mr. Noyola's question, Ms. McIntyre replied the proposed expansion site was not adjacent to the existing school because the adjacent property was unavailable due to zoning issues. She mentioned other possible sites, but said discussions with the landowners had not been productive. Mr. Noyola asked if the city knew the subject property value. Mr. Noe replied the city had not had the property appraised, but any property on the Island had significant value. Mr. Noyola also encouraged the group to speak with their elected school board officials. Ms. Rona Staberg, 5504 Lexington, asked the Council to keep the Lexington Road bridge closed to create a dead-end street. She said the road was closed temporarily due to construction. She presented a number of letters from residents in support of this idea. Mr Carlos Torres, 6014 Ayers, spoke in favor of conducting a national search for the new fire chief, and also disagreed with a staff memo to the Council regarding the city's use of the CPAT for fire fighters. He said he would e-mail his objections to the Council. Minutes — Regular Council Meeting January 24, 2006 — Page 14 * * * * * * * * * * * * * Mayor Garrett opened discussion on Item 14 regarding proposed amendments to the Code of Ordinances related to the Cable Communications Commission and public access cablecasting. Mr. Juan Garcia, Jr., chairman of the Cable Communications Commission, explained the recommended changes related to the formation and duties of the Cable Communications Commission, and to the rules and procedures for public access cablecasting. He highlighted their work in defining a producer, saying it had been a sore point for the groups for some time. He said the changes were approved and recommended by the Commission. Mayor Garrett asked for public comment. Mr. Jack Gordy, 4118 Bray, stated the Channel 10 PAUG group was in agreement with all the proposed changes except one. They favored eliminating the requirement for a production date in the tag at the beginning and end of the program, but it was not included in the recommended changes. City Secretary Chapa polled the Council for their votes as follows: 14.a. FIRST READING ORDINANCE Amending the Code of Ordinances, City of Corpus Christi, Chapter 2 regarding Cable Communications Commission. The foregoing ordinance was passed and approved on its first reading with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye". 14.b. FIRST READING ORDINANCE Amending the Code of Ordinances, City of Corpus Christi, Chapter 55 regarding rules and procedures for public access cablecasting. The foregoing ordinance was passed and approved on its first reading with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye". * * * * * * * * * * * * * Mayor Garrett referred to Item 15, the consideration of an appeal of a decision by the Civil Service Board. He then announced the executive sessions, which were listed on the agenda as follows: 15. Executive session under Texas Government Code, Section 551.074 regarding an appeal by Raymond Garcia, Jr., concerning a decision by the Civil Service Board, with possible discussion and action related thereto in open session. 16. Executive session under Texas Government Code Section 551.071 regarding In re: Resource Technology Corporation, Chapter 7, Case No. 99 B 35434, United States Bankruptcy court, Northern District of Illinois, Eastern Division, with possible discussion and action related thereto in open session. The Council went into executive session. The Council returned from executive session and the following motions were passed with the following vote: Minutes — Regular Council Meeting January 24, 2006 — Page 15 15. MOTION NO.2006-019 Motion to deny the appeal of Raymond Garcia Jr., thereby upholding the decision of the Civil Service Board. The foregoing motion was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, and Scott, voting "Aye"; Noyola was absent. 16.a MOTION NO. 2006-020 Motion authorizing the City Manager to submit a bid to the Trustee in Bankruptcy, In RE: Resource Technology Corporation, Chapter 7, Case No. 99 B 35434, United States Bankruptcy Court, Northern District of Illinois, Eastern Division, to acquire the Landfill Gas Collection and Conversion Agreement between the City and Resource Technology Corporation, subject to certification of funds. The foregoing motion was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola and Scott, voting "Aye". 16.b. MOTION NO. 2006-021 Motion authorizing the City Manager to execute an amendment to the legal services agreement with Kerry Russell of Russell, Moorman & Rodriguez to represent the City in In Re: Resource Technology Corporation, Chapter 7, Case No. 99 B 35434, United States Bankruptcy Court, Northern District of Illinois, Eastern Division, at an hourly rate of $200.00, plus expenses, subject to certification of funds. The foregoing motion was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola and Scott, voting "Aye". 16.c. MOTION NO. 2006-022 Motion authorizing the City Manager to execute an amendment to the legal services agreement with Gus A. Paloian of Seyfarth Shaw, LLP, to represent the City in In Re: Resource Technology Corporation, Chapter 7, Case No. 99 B 35434, United States Bankruptcy Court, Northern District of Illinois, Eastern Division, at an hourly rate of $455.00, plus expenses, subject to certification of funds. 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 called for the City Manager's Report. Mr. Noe announced that Fire Chief J.J. Adame had accepted a position as Fire Chief for the City of Austin. Staff was planning a going -away party on February 3 at 3:00 p.m. on the sixth floor of City Hall. Mr Noe said next week's Council meeting included a report on the Memorial Coliseum RFP process and a discussion on the Broadway Wastewater Treatment Plant project. Minutes — Regular Council Meeting January 24, 2006 — Page 16 Mayor Garrett called for Council reports. Mr. Marez thanked non-profit organization for responding to his offer to donate his Council salary, which he was unable to receive as a State employee. He asked any organization interested in receiving the funds to submit a brief letter describing their mission, and to provide documentation verifying their non-profit status. He said he would need the information by end of this week for the January disbursement. Mr Noyola clarified his comments last week regarding the police chief search, saying that was in favor of a national search, but preferred that the city's Human Resources department head the search rather than hiring a consulting firm. He was in favor of using the same process for the fire chief vacancy. Mr. Noe replied that he would submit a memo discussing how staff planned to proceed with both recruitments, emphasizing that employee and Council involvement would be taken into account. Mr. Noyola suggested that staff to consider placing the Broadway Treatment Plant and Memorial Coliseum items at the end of the agenda to allow for more public input, or post the items at a time certain in the afternoon. There being no further business to come before the Council, Mayor Garrett adjourned the Council meeting at 1:35 p.m. on January 24, 2006. * * * * * * * * * * * * *