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.
* * * * * * * * * * * * *