HomeMy WebLinkAboutMinutes City Council - 05/30/2006I HEREBY CERTIFY that the foregoing is a true and correct copy of the minutes of the Regula
Meeting of the Corpus Christi City Council of May 30, 2006, which were approx ed by the Cit.
Council on June 6, 2006.
WITNESSETH MY HAND AND SEAL, on this the 6' day o t June 2000
Armando Chapa
City Secretary
SEAL
PRESENT
Mayor Henry Garrett
Mayor Pro Tem John Marez
Council Members:
* Brent Chesney
Jerry Garcia
Bill Kelly
Rex Kinnisor
Jesse Noyola
Mark Scott
ABSENT
Melody Cooper
MINUTES
CITY OF CORPUS CHRISTI, TEXAS
Regular Council Meeting
May 30, 2006 - 10:00 a.m.
City Staff:
City Manager George K. Noe
City Attorney Mary Kay Fischer
City Secretary Armando Chapa
Mayor Garrett called the meeting to order in the Council Chambers of City Hall.
The invocation was delivered by Pastor Jerry Ward of Lighthouse Tabernacle Pentecostal
Church and the Pledge of Allegiance to the United States flag was led by Council Member Scott.
Mayor Garrett called for approval of the minutes of the regular Council meeting of May 23,
2006. A motion was made and passed to approve the minutes as presented.
Mayor Garrett referred to Item 2 and the following board appointments were made:
Transportation Advisory Committee
David Seiler (Reappointed
Daniel Carrizales (Reappointed)
Karen Beard (Appointed)
Curtis A. Rock (Appointed
Wgter Shore Advisory Committee
Phillip Lara (Reappointed)
Victor Menard (Reappointed)
James H. Davis (Appointed)
Dr. George H. Fisher (Appointed)
Robert R. Vega (Appointed)
Mayor Garrett called for consideration of the consent agenda (Items 3 - 17). There were no
comments from the audience. A motion was made and passed to approve Items 3 through 17,
constituting the consent agenda. City Secretary Chapa polled the Council for their votes as follows:
Minutes - Regular Council Meeting
May 30 2006 - Page 2
MOTION NO. 2006-156
Motion approving the purchase of six (6) pickup trucks, two (2) cargo vans and seven (7)
sedans from the following companies for the following amounts in accordance with Bid
invitation No. BI -0123-06, based on low bid and low bid meeting specifications for a total
amount of $216,558. The vehicles are purchased for Maintenance Services and Police. All
vehicles are replacement units. Funds are available in the Law Enforcement Trust Fund and
he Operation Budget of the General Services Department.
Champion Ford Access Ford
Corpus Christi, TX Corpus Christi, TX
Pickups and Vans Sedans
$124,872 $91,686
Grand Total: $216,558
The foregoing motion was passed and approved with the following vote: Garrett, Garcia,
Kelly, Kinnison. Marez, Noyola. and Scott, voting "Aye"; Chesney and Cooper were absent.
MOTION NO. 2006-157
Motion approving a supply agreement with National Meters, Inc., of Lancaster, Ohio, for
approximately 8,000 gas service regulators in accordance with Bid Invitation No. BI -0124-06,
based on low bid for an estimated annual expenditure of $103,600, of which $17,266.67 is
budgeted in FY 2005-2006. The term of the agreement shall be for twelve months with an
option to extend for up to two additional twelve-month periods subject to the approval of the
supplier and the City Manager or his designee. Funds have been budgeted in FY 2005-
2006 and requested for FY 2006-2007.
The foregoing motion was passed and approved with the following vote: Garrett, Garcia,
Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye"; Chesney and Cooper were absent.
MOTION NO. 2006-158
Motion authorizing the City Manager or his designee to execute an agreement with the
CHRISTUS Spohn Health System for the provision of medical director services in the
amount of $30,00C for the City's Emergency Medical Services and emergency medical
educational services.
The foregoing motion was passed and approved with the following vote: Garrett, Garcia,
Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye"; Chesney and Cooper were absent.
6.a. ORDINANCE NO. 026793
Ordinance appropriating $1,000 from the Wal-Mart Foundation in the General Fund No.
1020-11700; amending the FY 2005-2006 Operating Budget, adopted by Ordinance No.
026385, by increasing the amount approved by $1,000.
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Garrett, Garcia. Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye";
Chesney and Cooper were absent
Minutes - Regular Council Meeting
May 30 2006 - Page 3
6.b. MOTION NO. 2006-159
Motion approving payment in the amount of $1,000 to the Police Explores Post #133 for
purchase of equipment and training of the Police Explorers.
The foregoing motion was passed and approved with the following vote: Garrett, Garcia,
Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye"; Chesney and Cooper were absent.
ORDINANCE NO. 026794
Ordinance appropriating $14,505 from the sale of seized vehicles in the No. 1061-821005
fund for purchase of equipment and training of police officers.
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Garrett, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye";
Chesney and Cooper were absent
8.a MOTION NO. 2006-160
Motion authorizing the City Manager or his designee to accept a renewal Weed & Seed
grant in the amount of $225.000 in the No. 1067 Parks and Recreation Grants Fund for Site
II West for the continued support of the Weed & Seed Program from the United States
Department of Justice (DOJ.
The foregoing motion was passed and approved with the following vote: Garrett, Garcia,
Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye"; Chesney and Cooper were absent.
8.b. ORDINANCE NO. 026795
Ordinance appropriating a $225,000 grant from the United States Department of Justice for
Site 11 West for the continued support of the Weed and Seed Program FY 2005-2006 in the
No 1067 Parks and Recreation Grants Fund.
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Garrett, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye";
Chesney and Cooper were absent
RESOLUTION NO 026796
Resolution authorizing the City Manager or his designee to submit a grant application to
serve as the Fiscal Agent for FY 2006-2007 Texas Department of Family and Protective
Services (DFPS) 78415 Community Youth Development (CYD) Program, with $500,000
DFPS funding.
The foregoing resolution was passed and approved with the following vote: Garrett, Garcia,
Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye"; Chesney and Cooper were absent.
Minutes - Regular Council Meeting
May 30 2006 - Page 4
10. ORDINANCE NO. 026797
Ordinance transferring $3,000 from the No. 1020 General Fund Account No. 202965-1020
TO Account No. 530000-1020-13700; and appropriating the $3,000 to pay expenses for the
Bay Jammin' Concert series.
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Garrett, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye";
Chesney and Cooper were absent.
MOTION NO. 2006-161
Motion authorizing the City Manager or his designee to approve a Letter of Agreement
between the City of Corpus Christi and the Beautify Corpus Christi Association (BCCA).
The foregoing motion was passed and approved with the following vote: Garrett, Garcia,
Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye"; Chesney and Cooper were absent.
MOTION NO. 2006-162
Motion authorizing the City Manager or his designee to execute a contract with the
Department of State Health Services for the administration of duties performed by the Vital
Statistics Division cf the Health Department and for the payment of record fees due to the
State.
The foregoing motion was passed and approved with the following vote: Garrett, Garcia,
Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye"; Chesney and Cooper were absent.
3. MOTION NO. 2006-163
Motion authorizing the City Manager or his designee to execute a professional services
contract with GISPlanning, Inc , of San Francisco, California for an amount not to exceed
$34,600 for a license to the City for the online use of GIS Planning's ZoomProspector
software as hosted by GISPlanning, Inc. for use as client's Economic Development Site -
Selection Analysis GIS Web Site.
The foregoing motion was passed and approved with the following vote: Garrett, Garcia,
Kelly, Kinnison, Marez, Noyola. and Scott. voting "Aye"; Chesney and Cooper were absent.
MOTION NO. 2006-164
Motion authorizing the City Manager or his designee to execute Amendment No. 1 to the
Engineering Services Contract with Freese and Nichols, Inc., of Fort Worth, Texas in an
amount not to exceed $74,500 for the Wholesale Raw Water SCADA Improvements - 2005
Project for the Replacement of Master Meter No. 1 at O. N. Stevens Water Treatment Plant.
The foregoing motion was passed and approved with the following vote: Garrett, Garcia,
Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye"; Chesney and Cooper were absent.
Minutes - Regular Council Meeting
May 30 2006 - Page 5
ORDINANCE NO. 026798
Ordinance authorizing the City Manager or his designee to execute a Use Privilege
Agreement with Mako Communications, L.L.C. (Owner) for the right to construct, maintain,
and replace two (2) awnings within the North Lower Broadway Street right-of-way and one
1 J awning within the Peoples Street right-of-way, adjacent to the Mako Communications
building, located at 518 Peoples Street; establishing a fee of $162.
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Garrett, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye";
Chesney and Cooper were absent.
16. ORDINANCE NO. 026799
Amending the Platting Ordinance by adding the authority to delegate duties under the
Platting Ordinance and specifying authority for signing plats by a professional engineer
employed by the City; providing a severability clause; providing a repealer clause; and
providing for an effective date. (First Reading 05/23/06)
The foregoing ordinance was passed and approved on its second reading with the following
vote: Garrett, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye"; Chesney and
Cooper were absent.
17. ORDINANCE NO. 026800
Amending the Code of Ordinances, City of Corpus Christi, Chapter 53, Traffic, revising
Section 53-251. Schedule II by adding the category "Other Through Streets"; by adding Parr
Street, from Comanche Street to Ahern Street, Ahern Street, from Parr Street to Bluntzer
Street, and Bluntzer Street, from Ahern Street to Agnes Street; providing for penalties. (First
Reading 05/23/06)
The foregoing ordinance was passed and approved on its second reading with the following
vote: Garrett, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye"; Chesney and
Cooper were absent.
Mayor Garrett referred to Item 18, and a motion was made, seconded and passed to open
the public hearing on the following zoning case:
Case No. 0406-06, G.P. McCreless, Juan Melia and Encino -Cimarron G.P. c/o Tim Clower:
A change of zoning from a "R -1B" One -family Dwelling District/"A-1" Apartment House
District/"A-2" Apartment House District to a "B-1" Neighborhood Business District. The
property being 39 acres out of Flour Bluff and Encinal Farm and Garden Tracts, Section 11,
ots 6,7,8, 9 and 10, located 375 feet southwest of the intersection of Saratoga Boulevard
and Cimarron Boulevard.
City Secretary Cnapa said the Planning Commission and staff recommended the approval of
the `B-1" Neighborhood Business District.
No one appeared in opposition to the zoning change. Mr. Garcia made a motion to close the
public hearing, seconded by Mr Scott, and passed. Mr. Chapa polled the Council for their votes as
follows
Minutes - Regular Council Meeting
May 30 2006 - Page 6
ORDINANCE NO. 026801
Amending the Zoning Ordinance, upon application by G.P. McCreless, Juan Mejia and
Encino -Cimarron GP. c/o Tim Clower, by changing the zoning map in reference to 39 acres
out of Lots 6, 7. 8, 9 and 10, Section 11, Flour Bluff and Encinal Farm and Garden Tracts,
from "R -1B" One -family Dwelling District, "A-1" Apartment House District and "A-2"
Apartment House District to 'B-1" Neighborhood Business District; amending the
Comprehensive Plan to account for any deviations from the existing Comprehensive Plan;
providing a repealer clause: providing a penalty clause.
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Garrett, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye";
Chesney and Cooper were absent.
Mayor Garrett referred to Item 19, and a motion was made, seconded, and passed to open
the public hearing on the following zoning case:
Case No. 0406-07, Alan Anderson: A change of zoning from an "1-2" Light Industrial District
to an "1-3" Heavy Industrial District. The property being .0121 acres out of 4.85 acres out of
Lot 8, Block B, Ocker Addition, located at 1111 Southern Minerals Road and approximately
450 feet north of Sedwick Road.
City Secretary Chapa stated that the Planning Commission and staff recommended the
denial of the "1-3" Heavy Industrial District and in lieu thereof, approval of a Special Permit for the
above -ground fuel tank per the metes and bounds description.
No one spoke in opposition to the zoning change. Mr. Scott made a motion to close the
public hearing, seconded by Mr. Garcia, and passed. City Secretary Chapa polled the Council for
their votes as follows:
19. ORDINANCE NO. 026802
Amending the Zoning Ordinance, upon application by Alan Anderson, by changing the
zoning map in reference to .0121 acres out of 4.85 acres out of Lot 8, Block B, Ocker
Addition (currently zoned "1-2" Light Industrial District) by granting a Special Permit for an
above ground fuel storage tank per the metes and bounds description; amending the
Comprehensive Plan to account for any deviations from the existing Comprehensive Plan;
providing a repealer clause
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Garrett, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye";
Chesney and Cooper were absent.
Mayor Garrett referred to Item 20, and a motion was made, seconded, and passed to open
the public hearing on the following zoning case:
Case No. 0506-01, Arriba Development, LLC: A change of zoning from a "R-1 B One -family
Dwelling District to a "B-4" General Business District. The property being 1.97 acres out of
B. S. & F. Survey 419, Abstract 570, Nueces County, Texas, located at the northwest
ntersection of Interstate 37 frontage road and Sessions Road.
City Secretary Chapa stated that the Planning Commission and staff recommended the
Minutes - Regular Council Meeting
May 30. 2006 - Page 7
denial of the "B-4" General Business District and, in lieu thereof, approval of a "B-1/SP"
Neighborhood Business District with a Special Permit for a one year period that allows for a hotel or
motel development.
'(Mr. Chesney arrived at 10:10 a.m. )
No one spoke in opposition to the zoning change. Mr. Garcia made a motion to close the
public hearing, seconded by Mr. Scott. and passed. City Secretary Chapa polled the Council for
their votes as follows:
20. ORDINANCE NO. 026803
Amending the Zoning Ordinance, upon application by Arriba Development by changing the
zoning map in reference to 1.97 acres out of B. S. & F. Survey 419, Abstract 570, Nueces
County, from "R -1B" One -family Dwelling District to "B-1" Neighborhood Business District
with a Special Permit for a hotelimotel use; amending the Comprehensive Plan to account
for any deviations from the existing Comprehensive Plan; providing a repealer clause;
providing a penalty clause,
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Garrett, Chesney, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott,
voting "Aye" Cooper was absent
Mayor Garrett referred to Item 21, and a motion was made, seconded, and passed to open
the public hearing on the following zoning case:
Case No. 0506-02, Nasser Farahnakian: A change of zoning from a "R -1B" One -family
Dwelling District to a "B-4" General Business District. The property being 5.739 acres out of
254 069 acres, Abstract 988, Nueces County, Texas, located along the southwest corner of
Clarkwood Road and the newly constructed State Highway 44 Bypass.
City Secretary Chapa stated that the Planning Commission and staff recommended the
approval of the "B-4" General Business District.
No one spoke in opposition to the zoning change. Mr. Garcia made a motion to close the
public hearing, seconded by Mr. Chesney, and passed. City Secretary Chapa polled the Council for
their votes as follows:
21. ORDINANCE NO. 026804
Amending the Zoning Ordinance, upon application by Nasser Farahnakian, by changing the
zoning map in reference to being 5.739 acres out of 254.069 acres, Abstract 988, Nueces
County, Texas, from "R-1 B" One -family Dwelling District to "B-4" General Business District;
amending the Comprehensive Plan to account for any deviations from the existing
Comprehensive Plan; providing a repealer clause; providing a penalty clause.
An emergency was declared, and the foregoing ordinance 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
May 30. 2006 - Page 8
Mayor Garrett referred to Item 22, a presentation on the Coliseum Redevelopment Request
for Qualifications/Request for Proposals process. Mayor Garrett emphasized that the purpose of the
today's presentation was solely to discuss the Coliseum RFQ/RFP process, not the contract
negotiations.
Mr Noyola stated that the Council had already discussed the Coliseum RFQ and RFP
process previously Assistant City Manager Oscar Martinez responded affirmatively, stating that
staff had presented an overview of the RFP/RFQ process in June 2005, and an update in January
2006. Mr. Noyola expressed concern that the Council was discussing the Coliseum Redevelopment
process because he felt it could jeopardize the city's contract negotiations. He was against
discussing the process in public because he felt it did not show good faith, and said he would not
participate in the discussion if it involved the contract
Mayor Garrett asked City Attorney Fischer if the Council could legally discuss the Coliseum
redevelopment RFP and RFQ process. City Attorney Fischer answered affirmatively, as long as the
Council focused the discussion strictly on the process, not the contract negotiations. She said any
comments related to the contract negotiations could be discussed during the Council's executive
sessior
Mr. Scott stated that he did not feel that discussing the process presented a problem. He
stated that he thought the Council's previous discussion regarding the Coliseum redevelopment had
been open and transparent, but the public appeared to be confused about the process. Mr. Scott
stated that he hoped staff's review of the process would help clarify any public concerns about the
Council's decision. He also hoped the review would reaffirm the Council's decision.
Mr Chesney agreed with Mr. Scott. He felt the city had gone through the process properly
the first time, but he did not oppose today s review. He said the Mayor and other Council members
had asked for the presentation to reach out to the public's concerns.
Mr Garcia thanked staff for providing additional information on the Coliseum RFP/RFQ
process He reviewed the nformation and said it had answered many of his questions.
Assistant City Manager Oscar Martinez briefly reviewed the Memorial Coliseum RFP/RFQ
process. He stated that at the May 2005 City Council retreat, the Council identified downtown
revitalization as one of six priority areas. Subsequently, the Council directed staff to formulate a
plan for the re -use and redevelopment of the Coliseum by year's end.
in June 2005. Mr. Martinez stated that staff made a presentation on the Coliseum's proposed
re -use and rehabilitation, .ncluding the use of a RFQ followed by an RFP process to qualified
developers. The Council approved the process and authorized staff to proceed.
Mr. Martinez reviewed the guiding principles on the coliseum re -use as follows: project to be
identified quickly so the deteriorating Coliseum structure did not become an eyesore; project must
conform to the Bayfront Master Plan, limited city financial involvement; project must support
Downtown redevelopment as a priority; and a transparent process
Mr. Martinez provided a process summary as follows: issue RFQ to a large list of potentially
interested developers; review responses and short list developers capable of performing based on
firm competence and experience: RFP issued to short listed firms selected for negotiations;
proposals analyzed with one firm selected for negotiations; Council to approve developer selected;
and Final Plan and Lease -o be brought back for Council approval.
Minutes - Regular Council Meeting
May 30 2006 - Page 9
Mr Martinez reviewed a summary of actions on the Coliseum redevelopment process to date
as follows. RFQ issued or July 25 2005; six qualification statements received on September 12,
2005; notice to respondents who were short listed (LandLord, NRP, Wisznia, TRT) sent on October
5. 2005;. RFP issued on October 17, 2005; pre -submittal conference held on October 21, 2005;
review and analysis of responses to RFP completed in early January, 2006; and Council
presentation and recommendation to negotiate with TRT presented on January 30, 2006.
Mr Martinez discussed the RFP evaluation process. He said staff assessed the
qualifications and competence of RFP responders to perform the required services. In addition, he
said a city team and PFK, the city's consulting team, reviewed and ranked the proposals. He said
Mr. Raymond Gignac and the Bayfront Master Plan team also provided comments for the city team
to cons±de-
Mr Martinez reviewed the RFP requirements considered by the evaluators as follows:
proposer's core competency; project concept; economic development potential; community needs
addressed: redevelopment of the surrounding area; conformance with the South Central
Development Plan and the Bayfront Master Plan. He said additional RFP requirements evaluated
now the heritage of the building and plaque would be memorialized; the estimated cost and
projected revenues; the timeline for project completion explanation on community involvement; and
provided financial information.
Mr. Martinez discussed the PFK report, which was 17 pages long and included three
exhibits He said PFK noted on page 2 of their report that three of the four proposals were
responsive to the RFP requirements as follows: NRP Group, TRT Development Company, and
Wisznia Associates. He said the report ranked the three responsive proposals as follows: TRT —
8.9 points: NRP - 8.1 points; and Wisznia Associates — 7.7 points.
Mr. Martinez covered the PKF report's conclusions and recommendations, which include
three options for consideration, depending on available resources and motivation. First, the city
could select TRT because it was the only plan that offered a positive impact and required little or no
financial resources from the city. Second, the city could select Wisznia Associates but only after the
firm had completed market research and retained a specialty retail developer. In addition, he said
the city would have to agree to make a financial contribution to the project as proposed. Third, the
city could follow a modified version of the LandLord Resources recommendation by taking charge of
the development process to secure a "new urban" retail mixed use project on the site. Thus, the city
would hire a nationally recognized firm to develop the analysis, determine the "gap" in the financial
feasibility, and only move forward if the "gap" could be overcome with city subsidy or financial
support Mr Martinez ther reviewed the complete Memorial Coliseum RFP scoring matrix, stating
that the LandLord Resources proposal was not scored.
After the evaluation process was completed, Mr. Martinez reported that staff provided the
Council with a summary of the responses, the evaluation process, and the scores. He said the
Council directed staff to enter into negotiations with TRT Holdings on January 31, 2006. He said
staff was still negotiating with TRT
n conclusion, Mr. Martinez stated that staff had been following the process approved by the
Council, along with the guiding project principles, that were outlined from the start. Of the four
proposals submitted, he said three proposals were responsive to the RFP; LandLord Resources
was not responsive and thus was not scored. He said the TRT Holdings proposal was rated as the
pest proposal because it met the city's requirements as stated in the RFP. He noted that if the city
chose to consider any other approach such as LandLord Resources or the PKF recommendation,
then staff would have to reject the three current proposals and begin the process anew.
Minutes - Regular Council Meeting
May 30 2006 - Page 10
After conferring with City Attorney Fischer, Mr. Garcia decided to hold his questions until the
executive session item dealing with the coliseum redevelopment.
Mr Marez asked Mr. Martinez if he or any other member of city staff had a hidden agenda
regarding the coliseum redevelopment. Mr. Martinez replied negatively. Mr. Marez spoke in support
of staff's actions regarding the Coliseum redevelopment process.
Mr Chesney thanked staff again for reviewing the Coliseum material again for the public's
nformation
Mayor Garrett opened discussion on Item 26 regarding the Texas International Yacht and Jet
Plane Show Lease. City Manager Noe stated that at last week's meeting, Council Member Kinnison
had raised a question regarding the definition of "net profits" in the agreement. He said staff had
clarified the definition in the agreement in Item 26.a. of the two-part item.
There were no comments from the audience. In response to Mayor Garrett's question,
Marina Superintendent Peter Davidson stated that staff would present a road closure item for the
Council's review to close 'he T -head for the show. Mayor Garrett thanked Mr. Davidson for his
efforts.
Mr Scott commented that he wanted Mr. Peter Bryant, the boat show organizer, to know that
the city was excited that the show was coming to Corpus Christi. Mr. Bryant replied that the show
was progressing well, and people were excited about the prospect of visiting the city. With the
publicity from the show, Mr. Bryant stated that the city could become a boating center for the
southern region, including Mexico City Secretary Chapa polled the Council for their votes as
follows
26.a. MOTION NO. 2006-165
Motion to amend prior to second reading ordinance authorizing the City Manager or his
designee to execute a Lease Agreement with Peter Bryant (MMD Communications) for a
term of 8 days in April, 2007, for the Texas International Yacht and Jet Plane Show at the
Peoples Street T -Head; providing for two 5 year renewals upon City Manager, or designee,
finding show successful for City; by amending Lease Section 6 to provide that City, in lieu of
marina rental fees shall received greater of: $25,000 or 10% of Net Profits, as defined in
Exhibit F.
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.
26.b. ORDINANCE NO. 026806
Authorizing the City Manager or his designee to execute a Lease Agreement with Peter
Bryant (MMD Communications) for a term of 8 days in April, 2007, for the Texas
International Yacht and Jet Plane Show at the Peoples Street T -Head; providing for two 5
year renewals upon City Manager or designee, finding show successful for City. (First
Reading 4/25/06)
The foregoing ordinance was passed and approved on its second reading with the following
vote. Garrett, Chesney, Garcia. Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye";
Cooper was abseni
Minutes - Regular Council Meeting
May 30 2006 - Page 1 1
Mayor Garrett opened discussion on Item 27 regarding the new Southside branch library.
City Manager Noe stated that the Council authorized staff to negotiate an Interlocal Agreement with
CCISD for a new Southside library location located near Kaffie Middle School. Director of Libraries
Herb Canales stated that the proposed agreement was approved by the CCISD School Board last
Monday. He said the major features of the agreement were as follows: the library site would be
next to Kaffie Middle School; CCISD would provide a long-term lease for a $1 annual fee; addressed
design and security issues raised by the Council; and CCISD would help staff the facility (184 -day
contract year) and share utility and custodial costs (12 months).
There were no comments from the public. City Secretary Chapa polled the Council for their
totes as follows:
27. RESOLUTION NO 026807
Resolution authorizing the City Manager or his designee to execute an Interlocal Agreement
with the Corpus Christi Independent School District to locate and jointly operate a branch
ibrary on district property next to the Kaffie Middle School.
The foregoing resolution was passed and approved with the following vote: Garrett,
Chesney, Garcia, Kelly. Kinnison, Marez, Noyola, and Scott, voting "Aye"; Cooper was
absent
Mayor Garrett opened discussion on Item 28 regarding the Cimarron Boulevard Street
improvement Project Phase 2. City Engineer Angel Escobar reported that this project was funded
through the Bond 2004 issue; he also noted that the city was doing Phase 2, from Yorktown to
Mireles Elementary (Bison Street), before Phase 1, from Saratoga to Yorktown. He said approval of
item 28.a. would award the construction contract to H & G Contractors in the amount of $3,774,910.
Approval of Item 28.o. would award the Construction Materials Testing Contract to Rock
Engineering and Testing Laboratory it the amount of $32,639.
Mr Escobar stated that the project included the reconstruction and widening of the existing
unimproved two-lane roadway to a functional arterial four -lane roadway with the following features:
continuous center turn lane; curb and gutter; sidewalks; driveways; underground utilities; lane
striping and markings, and installation of wheelchair ramps to meet TDLR requirements.
Additionally he reported that the project included improvements to the drainage ditch from the
intersection of Yorktown and Cimarron Boulevard through Bill Witt Park. He said a traffic signal
would be installed at the intersection of Cimarron and Yorktown. He also explained that the project
was being awarded now so construction could begin in the summer when Mireles Elementary
School was less occupied.
Mr Escobar reported that the city would be holding a citizens meeting at Mireles Elementary
School during the second week in June to explain the project sequencing. He said the city planned
ro hold a news conference to publicize the meeting.
Mayor Garrett asked if the construction would remove the "dogleg" on Cimarron Boulevard.
Mr. Escobar replied negatively, saying the dogleg would actually be enhanced because the road had
to transition to the east at Bison Street to avoid AEP transmission lines.
Mr Garcia asked if the city had any plans to extend the four -lanes of Yorktown Boulevard to
the Staples Street intersection. Mr. Escobar replied that staff would definitely recommend this
project for the Bond 2008 issue, if the Council chose to have one.
Minutes - Regular Council Meeting
May 30. 2006 - Page 12
Mr Garcia asked if the city planned to address drainage issues from Saratoga to Yorktown
Boulevards. Mr Escobar replied that Phase 1 of the project would address drainage problems
through Drainage Ditch 27 He said staff would bring an item for Council consideration in June to
authorize the design of the ditch.
In response to Mr. Scott's question, Mr. Escobar replied that the bids for the stated project
came in approximately $1 million less than staff had anticipated. Mr. Scott stated that with the
escalating cost of construction materials, he questioned how staff was able to find bids that were
under budget, asked whether staff was sacrificing quality for low-cost work. Mr. Escobar replied that
the consulting engineer did phase the work out so the contractor would have a clear idea on how to
best build the project. He said the contractor took advantage of this schedule to complete the work
more inexpensively Mr. Scott emphasized that the public would prefer to have a good product in
the end. even if it took longer to complete City Manager Noe added that the city had benefited from
having an adequate number of bidders who were motivated to do the work.
There were no comments from the public. City Secretary Chapa polled the Council for their
votes as follows
28.a. MOTION NO. 2006-166
Motion authorizing the City Manager or his designee to execute a construction contract with
H & G Contractors of Corpus Christi, Texas in the amount of $3,774,910, subject to
certification of funds, for Cimarron Boulevard Street Improvement Project - Phase 2 - from
Yorktown to Bison ( Mireles ). (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.
28.b MOTION NO. 2006-167
Motion authorizing the City Manager or his designee to execute a Construction Materials
Testing Contract with Rock Engineering & Testing Laboratory, Inc. in the amount of $32,639
for the Cimarron Boulevard Street Improvement Project Phase 2 - from Yorktown to Bison
Mireles). (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.
Mayor Garrett opened discussion on Item 29 regarding a number of tax abatement
agreements. Director of Economic Development Irma Caballero explained that the city received
three applications for tax abatements. She said the first application was from Ullah Investments,
Inc., submitted on August 8, 2005, for the construction of a La Quinta Inn & Suites located on
McKenzie Road and 1-37. She said the project qualified under the Renewal Communities program
guidelines. thus, the project was required to meet job creation requirements. Ms. Caballero stated
that abatement policy allowed for 100 percent abatement for no more than two years during the
construction period. and 75 percent for the following two years.
Ms. Caballero reported that the second application was from Shutters Management Ltd.,
submitted on May 24, 2006. to convert the Shutters Building on 602 Winnebago Street into high-end
loft condominium facility. She said the estimated added value to the property was between $11.5
million to $12 million Under the new Central Business District guidelines, she said there were no
ob creation requirements for this project She said the abatement would be for 100 percent for the
Minutes - Regular Council Meeting
May 30, 2006 - Page 13
two years of construction and 100 percent for the five years thereafter.
Ms Caballero reported that the third application was submitted by the Nueces Loft
Apartments, L.P. on May 22, 2006 for the adaptive re -use of a historic downtown building into 66
rental apartments (lofts, one and two bedroom units). She said construction would start in
September 2006 and end :n September 2007. She said this project qualified under the Renewal
Communities program guidelines. She said the tax abatement would be 100 percent for up to two
years of construction, and 00 percent for the five years thereafter.
Mr Marez spoke in support of the residential projects proposed for the downtown area. He
!ked that the city did not nave to worry about the job creation requirements for these types of
projects He thanked Ms. Caballero and staff for encouraging more development in the downtown
area.
Mr Kelly noted that the Ullah Investments project was approaching completion. He asked
now the two-year construction abatement applied to this project. Ms. Caballero replied that the
project was estimated for completion next month; however, the application was submitted in August
2005, and this would become the base year for the property value.
Mr Kinnison stated that he did not support tax abatements for residential developments that
passed on the abatements to the individuals who purchased units, especially when those
abatements didn't make or break the project.
Mr Scott replied that the Council and the community were committed to stimulating growth in
the downtown area, citing the new arena, baseball stadium, and storm water improvement in the
area. He felt the current tax abatement program would help stimulate growth in the downtown area.
Mr Garcia disagreed with Mr. Kinnison's comments regarding residential project tax
abatements. He felt anyone who was investing in the downtown area should utilize any and all
residential or commercial property abatements available. He said he would look upon tax
abatements favorably until the city reached a plateau of the return on investments. He thanked Ms.
Caballero and staff for the; efforts
There were no comments from the public. City Secretary Chapa polled the Council for their
votes as follows:
29.a. RESOLUTION NO. 026808
Resolution authorizing the execution of an agreement with Ullah Investments, Inc. providing
for temporary property tax abatement.
The foregoing resolution was passed and approved with the following vote: Garrett,
Chesney. Garcia, Kelly, Marez, Noyola, and Scott, voting "Aye"; Kinnison voting "No";
Cooper was absent
29.b RESOLUTION NO. 026809
Minutes - Regular Councr Meeting
May 30. 2006 - Page 14
Resolution authorizing the execution of an agreement with Shutters Management, Ltd.
providing for temporary property tax abatement.
The foregoing resolution was passed and approved with the following vote: Garrett,
Chesney, Garcia, Kelly, Marez. Noyola, and Scott, voting "Aye"; Kinnison voting "No";
Cooper was absent.
29.c RESOLUTION NO 026810
Resolution authorizing the execution of an agreement with Nueces Loft Apartments
providing for temporary property tax abatement.
The foregoing resolution was passed and approved with the following vote: Garrett,
Chesney. Garcia, Kelly, Kinnison. Marez. Noyola, and Scott, voting "Aye"; Cooper was
absent
Mayor Garrett opened discussion on Item 30 related to the Marina's new live aboard policy.
Mr. Scott asked City Secretary Chapa to provide him with the minutes from the June 22, 1999
Council meeting in which the live aboard policy was discussed. He wanted to remind the current
Council members who voted against the policy in 1999 that he voted in favor of the policy six years
ago
Marina Superintendent Peter Davidson reported that until recently, the Marina had not been
able to support live boards due to lack of facilities, infrastructure, and rules and regulations. He said
the Marina had recently installed three sets of modern bathrooms, showers, and laundry facilities at
each of the land masses. in addition, the city planned to construct 158 new boat slips with built-in
sewage treatment. Mr. Davidson stated that staff felt that 10 percent, or two to four boats, of each
pier or dock would be able to support live boards. He emphasized that the Marina was a true asset
to the downtown redevelopment drive
There were no comments from the public. City Secretary Chapa polled the Council for their
votes as follows:
30.a. FIRST READING ORDINANCE
Amending the Corpus Christi City Code of Ordinances, Chapter 12 - Boats, Bays and
Waterways, Article III - Marina, Section 12-46 - Prohibition against living aboard water craft,
oy changing "Prohibition against" to "Policy regulating" and directing Marina Superintendent
to adopt a live aboard policy and limiting the prohibition to "Except as authorized by the
Policy": providing for penalties under Section 1-6, City Code of Ordinances.
The foregoing ordinance was passed and approved on its first reading with the following
vote: Garrett, Chesney, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye";
Cooper was abser
30.b. RESOLUTION NO. 026811
Minutes - Regular Council Meeting
May 30. 2006 - Page 15
Resolution authorizing new Parks and Recreation Slip Rental Fees for live aboards at the
City Marina under revised Section 12-46, Code of Ordinances; providing for effective date.
The foregoing resolution was passed and approved with the following vote: Garrett,
Chesney Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye"; Cooper was
absent
Mayor Garrett referred to Item 31, a special budget presentation reviewing the proposed FY
2006-2007 Operating Budget. City Manager Noe explained that today's presentation was a broad
summary of the FY 2006-2007 budget components. He said subsequent to this week, staff would
schedule specific funds for detailed reviews.
Assistant City Manager Oscar Martinez stated that today's broad review would cover the
budget process, the budget document, and provide a budget overview. Regarding the budget
preparation process, Mr. Martinez stated that the Council directed staff in January 2006 to
incorporate the following considerations in the budget process: maintain effective tax rate; enhance
public safety services and street maintenance; no reduction in other services; and any amount in the
Unreserved Fund Balance in excess of the 10 percent goal may be recommended for one time
expenditures.
Mr Martinez explained the process staff used to prepare the budget, including the following
components: clear identification of available resources; departmental expertise; goal to maintain
current level of service; consideration of existing contractual commitments; consideration of volatile
cost of fuel/electricity; consideration of least critical costs and expanded level of service requests
prepared by departments; conformance with city policies and procedures; and inclusion of balanced
scorecard Mr. Martinez also briefly reviewed the FY 2006-07 budget document format.
Mr Martinez provided an overview of the FY 2006-07 budget. He reviewed graphs depicting
the combined fund summary for revenues and expenditures by fund. He noted that staff excluded
the cost of natural gas in the graphs because the volatility of the market skewed the city's true
operating costs.
Regarding salary aajustments, Mr. Martinez stated that the budget included a three percent,
merit -based increase for civilian staff effective March 1, 2007. In addition, he said a three percent
ncrease for Police and Fire sworn personnel effective August 1, 2006 in anticipation of the ongoing
collective bargaining negotiations.
Mr Martinez covered the estimated health insurance increases for FY 2006-07 as follows:
Citicare — 0 percent; Fire - 10 percent; and Police — 0 percent. He said staff used an actuarial
analysis to determine the increases, but also evaluated the current status of the risk management
fund to minimize the increases where possible.
Mr Martinez reviewed a chart depicting the projected fund balance for each of the major
fund categories (General fund, Enterprise fund, Internal Service funds, Debt Service funds, and
Special Revenue funds). He said staff tried to match revenues to expenditures, and maintain the
projected fund balance whenever possible.
Mr Martinez referred to a bar graph illustrating the history of the General fund unreserved
fund balance. He said the 2005 fund balance was approximately $17,613,398; the 2006 fund
balance was estimated at $19 million at year's end.
Mr Martinez displayed a graph depicting a history of the city's net taxable values. He said
the city was currently enjoying a high-growth trend with appraised values at $11.34 billion, an
Minutes - Regular Council Meeting
May 30. 2006 - Page 16
increase of 8.2 percent over the prior year. He cautioned, however, that property tax and sales tax
revenues comprised over 50 percent of General fund revenues, so the city needed to monitor trends
carefully. He also said the city would not be able to take advantage of the increased appraised
values because by adopting the effective tax rate, the city could earn revenues only from new
growth. not from increased appraised property values.
Mr Martinez reviewed a chart illustrating the historical tax rate from 1996 to 2006
-;estimated) The current General fund tax rate was slightly over 40 percent, equivalent to 1993 tax
rate levels
Mr Martinez briefly discussed the tax rate split for the FY 2006-07 budget as proposed. The
General Fund O&M rate was estimated to decrease from $.4266 to $.4082; the debt service tax rate
of $.1991 would remain the same. The total tax rate would decrease from $.6257 to $.6073. City
Manager Noe emphasized that staff estimated the tax rate with information from the Nueces County
Tax Appraisal District. If the information changed, then the tax rate would change.
Mr Martinez reviewed a bar graph depicting the percent change in sales tax collections from
1992 to 2006. Mr. Noyola asked Mr. Martinez to check if the 2006 collections included revenue
generated by the bowlers. in response to Mr. Garcia's question, Mr. Martinez stated that the school
finance reform bill would have a minimal effect on the General Fund.
in conclusion, Mr. Martinez covered the budget calendar as follows: June 6 - General Fund
oudget discussion. June 13 -• Enterprise fund budget discussion; June 27 - Special
Revenue/Internal Services/Debt Service funds; July 11 - public hearing; July 18 - first reading; and
July 25 - second reading and adoption He thanked budget and finance staff for their help in
compiling the budget document.
Mr Scott stated that as the city went through the budget process, he emphasized the need
to stimulate economic growth. Since the city was going to receive additional revenues from the
bowlers convention. he emphasized the need to invest the funds well. He said the city was doing
well, but compared to the rest of the State, it was not growing at the same rate. Mr. Scott suggested
using a portion of the funds to increase the CVB's marketing budget to promote tourism. City
Manager Noe replied that the city may find that the Hotel Motel tax revenues were higher than
estimated and then could provide a one-time allocation to the CVB.
Mr Scott noted that the budget included reductions to the beach cleaning budget, and he
wanted staff to explain this later He also asked staff to provide a "cheat sheet" explaining what it
meant to increase the tax rate by 1 percent; to increase the valuation rate by 1 percent; and to
increase the sales tax rate by 1 percent
Mr Noyola spoke in support of providing three -percent employee salary raises across the
board, not based on mere. He was also in favor of giving the CVB more funding for tourism
marketing. Finally, he asked if the city could maintain the current utility rates without affecting the
Capital Improvement Program. He said the city had increased utility rates by three to five percent
per year recently. City Manager Noe replied that staff could provide information on the impact of
today's decisions on the long-term rates so Mr. Noyola could decide for himself.
Mayor Garrett called for a brief recess to present a proclamation.
Minutes - Regular Council Meeting
May 30. 2006 - Page 17
The Council returned from recess. Mayor Garrett called for petitions from the audience. Ms.
Susan Thiem spoke against the alleged forced resignation of Ms. Cherrie Stunz, the former Animal
Care services director.
Mr J.E. O'Brien, 4- 30 Pompano, asked the Council to consider reinstating the city's internal
auditor position.
Mayor Garrett announced the executive sessions, which were listed on the agenda as
follows
32. Executive session under Texas Government Code Section 551.072, deliberations about real
property and Section 551.087, deliberations regarding economic development negotiations,
as it relates to Coliseum Redevelopment, with possible discussion and action in open
session
33. Executive session ;ander Texas Government Code Section 551.071 for private consultation
with its attorney regarding potential claims related to the construction of the American Bank
Center Arena, with possible discussion and action in open session.
The Council went into executive session.
The Council returned from executive session. Mayor Garrett called for the City Manager's
report. City Manager Noe reported that the city's public libraries were offering a summer reading
program beginning at 11 00 a.m. today. He also announced that the Texas City Managers
Association conference was being held in Corpus Christi from June 1-4 at the Omni Marina Hotel.
Mr Noe reported tnat beginning on May 31, the city would begin the outreach and review
process for the Unified Development Code. The Planning Commission would review the draft on
May 31 and the Council would review the draft on June 6. Subsequently, he said the public would
have 45 days to comment on the draft.
Mr Noe reported that the following items were scheduled for consideration next Tuesday as
follows General Fund budget review and the new gas contract. On June 13, the Council would
consider the Enterprise fund budget and recommendations from J. Quad Associates regarding the
Model Block Program.
Mayor Garrett re -opened the public comment period. Ms. Delphia White, 6202 Hartock
Circle, spoke regarding a loose dog that was threatening to bite her in her neighborhood. Council
Member Noyola stated that Ms. White had contacted him and various city departments regarding
her problem to no avail Cry Manager Noe replied that staff could send a Directed Patrol Officer to
the talk to the dog owner. He said the city could only cite the dog owner when the dog was caught.
Mr. Scott added that the city could also impound the dog once it was caught. Mayor Garrett said the
city would continue to work with her
Mayor Garrett called for Council concerns and reports. Mr. Chesney stated that there had
peen talk about restructuring the CVB Board, and he asked for an update. City Manager Noe
Minutes - Regular Councii Meeting
May 30 2006 - Page 18
replied that the CVB contract had expired, and staff had discussed the potential of reorganizing the
board into a smaller group i 11 members) with different categories (four members from industry and
seven members at large). He said a recruitment effort was taking place to assemble nominees.
Staff would bring the contract to the Council within the next two to three weeks.
Mr Chesney asked staff to include the internal auditor position in the proposed budget for
consideration. City Manager Noe replied that staff would provide information on the costs for an
nternal auditor in the budget presentation. Mr. Chesney also reported that Dr. Minz was
experiencing an ongoing problem with cutoff valves at his residence. He asked Mr. Noe to look into
Mr Noyola stated that constituents had contacted him about the city's holiday trash pickup
schedule. He said residents on a Monday/Thursday pickup schedule only had trash pickup once in
a week when a holiday fell on a Monday. He asked if those residents were prorated for the reduced
service City Manager Noe replied that the city only had seven designated holidays, and not all of
the holidays fell on Mondays. He said no one could be impacted seven times a year by the holiday
schedule, but more like three or four times a year at the maximum. He said the city did not prorate
the bills because the total amount of trash that residents put out was the same, whether it was once
or twice a week City Manager Noe said the other option was to pay overtime and not offer
employees the holiday time. Mr. Noyola did not want the city to pay overtime, but asked Mr. Noe to
ook into offering a discount those weeks when residents did not have trash pickup twice a week.
Mayor Garrett recessed the regular Council meeting to hold the Tax Reinvestment Zone No.
2 and North Padre Island Development Corporation meetings.
The Council returned from recess. Mayor Garrett opened discussion on Item 25 regarding a
bond issuance by the North Padre Island Development Corporation. Director of Financial Services
Cindy O'Brien reported that the Council must ratify the NPID Board's resolution to issue $2.9 million
.n bonds for Padre Island. There were no comments from the public. City Secretary Chapa polled
the Council for their votes as follows:
25. RESOLUTION NO 026805
Resolution approving the resolution by the North Padre Island Development Corporation
authorizing the issuance of Series 2006 Bonds in an aggregate principal amount not to
exceed $2.9 Millior
The foregoing resolution was passed and approved with the following vote: Garrett,
Chesney, Garcia, Kinnison, Marez, Noyola, and Scott, voting "Aye"; Kelly abstained; Cooper
was absent
There being no further business to come before the Council, Mayor Garrett adjourned the
Council meeting at 1:50 p.m. on May 30. 2006.