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HomeMy WebLinkAboutMinutes City Council - 07/11/2006I HEREBY CERTIFY that the foregoing is a true and correct copy of the minutes of the Regular Meeting of the Corpus Christi Cit) Council of July 1 l , 2006, which were approved by the City Council on July 18. 2006. WITNESSETH MY HAND AND SEAL, on this the 18`h day of July, 2006. Armando Chapa City Secretary SEAL MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Meeting July 11, 2006 — 10:00 a.m. PllE$ENT Mayor Henry Garrett Mayor Pro Tem Jesse Noyola Council Members: Brent Chesney Melody Cooper Jerry Garcia Bill Kelly Rex Kinnison John Marez Mark Scott City Staff: City Manager George K. Noe City Attorney Mary Kay Fischer City Secretary Armando Chapa Mayor Garrett called the meeting to order in the Council Chambers of City Hall. The invocation was delivered by Pastor John Smith of First Family 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 June 27, 2006. A motion was made, seconded, and passed to approve the minutes as presented. *********** Mayor Garrett opened discussion on Item 26, a motion confirming Bryan P. Smith as the City Manager's appointment for Police Chief. City Secretary Chapa polled the Council for their votes as follows: 26. MOTION NO. 2006-208 Motion confirming the City Manager's appointment of Bryan P. Smith as Police Chief. The foregoing motion was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye". Police Chief Smith took the Oath of Office, administered by Mayor Garrett. Chief Smith thanked the City Manager for his vote of confidence, as well as Police staff and Acting Police Chief Ken Bung for their service. He stated that his emphasis would be on community policing and improving the city's working relationship with Nueces County. He also stated that he planned to reorganize the Police department to give supervisors more power to act. In conclusion. he said he was eager to serve the community. The Mayor and Council congratulated Police Chief Smith and thanked Acting Police Chief Bung for his service during the search. City Manager Noe stated that the candidate search had been portrayed as an arduous process, and he agreed with that characterization because it reflected the importance of the position. He said the goal was not to hire a local candidate; rather, the goal was to hire the best Regular Council Meeting - Minutes July 11. 2006 — Page 2 candidate, which he felt was accomplished today. He thanked Acting Police Chief Bung for his service during the search period. He also thanked Human Resources and Human Relations department staff for running the search, r************ Mayor Garrett called for a fifteen -minute recess. Mayor Garrett referred to Item 2 and the following board appointments were made: BuJIdinq Standards Board Lisa Huerta (Appointed) CIble Communications Commission Stephen R. West (Reappointed) Fred Greenberg (Appointed) Civil Service Board/Commission Eileen Butler (Appointed) Human Relations Commission Robert Adler (Reappointed) Lucy Reta (Reappointed) Marta M. Del Angel (Appointed) Jack English (Appointed) Kelley A. Knight (Appointed) Rev. Derrick Reaves (Appointed) Analicia Banales (Appointed) Mariann Bryant (Appointed) Karen Marie Maldonado (Appointed) Pltnning Commission (NOTE: Mr. Kelly abstained from the vote and discussion) Rudy Garza (Reappointed) Willlard H. Hammond Sr. ;Appointed) Evon J Kelly (Appointed) Carpus Christi Business and Job Development Corporation Foster Edwards (Appointed) Eloy H. Salazar (Appointed) Corpus Christi Regional Transportation Authority Crystal Lyons (Reappointed) Jcn F. Longoria (Reappointed) Jon Valls (Reappointed) Mannti Cummins (Appointed) Maurice G. Portis (Appointed) Mayor Garrett called for consideration of the consent agenda (Items 3 — 22). Mr. Johnny French requested that Item 16 be pulled for individual consideration. There were no comments from the Council. A motion was made, seconded, and passed to approve Items 3 through 22, constituting the consent agenda, except for Item 16, which was pulled for individual consideration. City Secretary Chapa polled the Council for their votes as follows: Regular Council Meeting - Minutes July 11, 2006 - Page 3 MOTION NO. 2006-193 Motion approving a supply agreement with Oil Patch Petroleum, Inc., of Corpus Christi, Texas for lubricating oils, greases and antifreeze in accordance with Bid Invitation No. BI -0143-06 based on only responsive bid for an estimated six-month expenditure of $67,451.65 of which $11.241.94 is budgeted in FY 2005-2006. The term of the agreement shall be for six months with an option to extend for up to four additional six- month periods, subject to the approval of the supplier and the City Manager or his designee Funds have been budgeted by the using departments in FY 2005-2006 and requested for FY 2006-2007. The foregoing motion was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly. Kinnison, Marez, Noyola, and Scott, voting "Aye". 4. MOTION NO. 2006-194 Motion approving the purchase of five (5) heavy trucks and the lease/purchase of three (3) heavy trucks in accordance with Bid Invitation No. BI -0151-06 from the following companies in the following amounts based on low bid for a total amount of $501,519.88. All eight units are replacements. Funding is available for the five units to be purchased from the FY 2005-2006 Capital Outlay Budget in the Maintenance Services Fund. Financing will be provided through the City's lease/purchase financing program for the three units to be lease/purchased. Grande Truck Center San Antonio, TX 7 Units $425,756 Fleet Pride International Corpus Christi, TX 1 Unit $75,763.88 Grand Total: $501,519.88 The foregoing motion was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye". 5. MOTION NO. 2006-195 Motion approving a supply agreement with Comlink Wireless Tech, Inc. (Comlink), of Grapevine, Texas for radio replacement batteries for the total amount of $94,767.87, of which $7,897.34 is budgeted in FY 2005-2006. The term of the supply agreement will be for twelve months with an option to extend for up to two additional twelve-month periods, subject to the approval of the supplier and the City Manager or his designee. Funds have been budgeted by the using departments in FY 2005-2006 and requested for FY 2006-2007 The foregoing motion was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye". Regular Council Meeting - Minutes July 11, 2006 - Page 4 6.a. RESOLUTION NO 026850 Resolution authorizing the City Manager or his designee to accept a grant from the Coastal Bend Regional Advisory Council in the amount of $5,164.44 to be used for the purchase of equipment, supplies, and services to support the delivery of emergency medical services for the Corpus Christi Fire Department. The foregoing resolution was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye". 6.b. ORDINANCE NO. 026851 Ordinance appropriating $5,164.44 from the Coastal Bend Regional Advisory Council into the No. 1056 Ambulance Fund to purchase equipment, supplies, and services to support the delivery of emergency medical services for the Corpus Christi Fire Department. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, KeIIy, Kinnison, Marez, Noyola, and Scott, voting "Aye". ORDINANCE NO. 026852 Ordinance appropriating $23,301.25 from the sale of seized vehicles in the No. 1061- 821005 Fund for purchase of equipment and training of officers. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye". 8. ORDINANCE NO. 026853 Ordinance appropriating $9,053 from the Unreserved Fund Balance in the No. 5611 Liability/Employee Benefits -Liability Fund, $10,890 from the Unreserved Fund Balance in the No. 5612 Liability/Employee Benefits -Workers Compensation Fund, $3,293 from the Unreserved Fund Balance in the No. 5613 Liability/Employee Benefits -Administration Fund; and transferring to the No. 4710 Visitors Facilities Fund to reimburse the Visitors Facilities Fund; amending FY 2005-2006 annual budget adopted by Ordinance No. 026385 by increasing appropriations and revenues by $23,236. An emergency was declared. and the foregoing ordinance was passed and approved with the following vote: Garrett. Chesney, Cooper, Garcia, KeIIy, Kinnison, Marez, Noyola, and Scott. voting "Aye" Regular Council Meeting — Minutes July 11, 2006 — Page 5 9.a. MOTION NO. 2006-196 Motion authorizing the City Manager or his designee to execute a construction contract with Nuway International of Corpus Christi, Texas, in the amount of $1,378,948.58 for the Base Bid and Additive Alternate No. 1 for the Northwest Library Expansion. (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". 9.b. MOTION NO. 2006-197 Motion authorizing the City Manager or his designee to execute Amendment No. 2 to the contract for professional services with Solka Nava Torno Architects of Corpus Christi, Texas, in the amount of $61,840 for a total restated fee of $270,005 for the Northwest Library Expansion. The foregoing motion was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye". 10. MOTION NO. 2006-198 Motion authorizing the City Manager or his designee to execute a construction contract with Sechrist-Hall Company, of Corpus Christi, Texas in the amount of $115,035 for the Utilities Building Re -Roof Project 2006. The foregoing motion was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly. Kinnison, Marez, Noyola, and Scott, voting "Aye". 11. MOTION NO. 2006-199 Motion authorizing the City Manager or his designee to execute Amendment No. 1 to the Contract for Professional Services with HDR Engineering, Inc., (Shiner, Moseley & Associates Inc.) of Corpus Christi, Texas in the amount of $162,344 for a total re -stated fee of $445,044 for the Corpus Christi Ship Channel Utility Crossing. The foregoing motion was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly. Kinnison, Marez, Noyola, and Scott, voting "Aye". 12. MOTION NO. 2006-200 Motion authorizing the City Manager or his designee to execute an engineering services contract with Kleinfelder, of Corpus Christi, Texas in the amount of $27,250 for preparation of the Texas Commission on Environmental Quality Multi -Sector General Permit Reapplication and Storm Water Pollution Plan Review/Modification. The foregoing motion was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye". Regular Council Meeting — Minutes July 11, 2006 — Page 6 13.a. ORDINANCE NO. 026854 Ordinance appropriating $188,531 from interest earnings of the Public Health and Safety 2004 CIP Fund No. 3359 for the J.C. Elliott Landfill Permit Modification application; amending the FY 2004-2005 Capital Improvement Budget adopted by Ordinance No. 026188 by increasing appropriations by $188,531. 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" 13.b. MOTION NO. 2006-201 Motion authorizing the City Manager or his designee to execute Amendment No. 15 with Shiner, Moseley & Associates, Inc. in the amount of $370,170 for Engineering Services associated with an amendment application of the J. C. Elliott Landfill Texas Commission of Environmental Quality Permit to increase final contours and disposal capacity. The foregoing motion was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye". 14.a. MOTION NO. 2006-202 Motion authorizing the City Manager or his designee to execute a contract with Corpus Christi Disposal Services, Inc. of Corpus Christi, Texas guaranteeing the delivery of specific tonnage of acceptable waste collected within the boundaries of the Coastal Bend Council of Governments. to the City's Cefe Valenzuela Municipal Landfill for a period of twenty years. The foregoing motion was passed and approved with the following vote: Garrett, Chesney. Cooper, Garcia, Kelly. Kinnison, Marez, Noyola, and Scott, voting "Aye". 14.b. MOTION NO. 2006-203 Motion authorizing the City Manager or his designee to execute a contract with Dawson Recycling, Inc., of Gregory, Texas guaranteeing the delivery of specific tonnage of acceptable waste collected within the boundaries of the Coastal Bend Council of Governments, to the City's Cefe Valenzuela Municipal Landfill for a period of twenty years. The foregoing motion was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye". Regular Council Meeting — Minutes July 11, 2006 — Page 7 14.c. MOTION NO. 2006-204 Motion authorizing the City Manager or his designee to execute a contract with Captain Hook, Inc., of Corpus Christi, Texas guaranteeing the delivery of specific tonnage of acceptable waste collected within the boundaries of the Coastal Bend Council of Governments, to the City's Cefe Valenzuela Municipal Landfill for a period of twenty years. The foregoing motion was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye". 15. MOTION NO. 2006-205 Motion authorizing the City Manager or his designee to authorize payment of Invoices 864160 and 864300 for twelve months software maintenance with Sungard HTE, Inc., of Lake Mary, Florida in an amount not to exceed $114,712. Included in the maintenance agreement are the HTE modules for Utilities Business Office, Central Cashiering, Accounts Receivable, Collections, Development Services, Housing and Community Development and Click 2 Government. The foregoing motion was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye". 17.a. MOTION NO. 2006-206 Motion approving the Sanitary Sewer Construction and Reimbursement Agreement submitted by JJAR Development, LLP, owner and developer of Legends of Diamante Unit 1 located east of Rodd Field Road and north of Slough Road for the installation of 2,660 -linear feet of an 18 -inch PVC 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". 17.b. ORDINANCE NO. 026856 Ordinance appropriating $160,776 from the Sanitary Sewer Collection Line Trust Fund No. 250420-4220 to pay JJAR Development, LLP, for the installation of 2,660 -linear feet of an 18 -inch PVC sanitary sewer collection line as specified in the Sanitary Sewer Collection Line Extension Construction and Reimbursement Agreement to develop Legends of Diamante Unit. 1 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" Regular Council Meeting — Minutes July 11 2006 — Page 8 18.a. MOTION NO. 2006-207 Motion approving the Arterial Transmission and Grid Main Construction and Reimbursement Agreement submitted by JJAR Development, LLP, owner and developer of Legends of Diamante Unit 1 located east of Rodd Field Road and north of Slough Road for the installation of 2,360 -linear feet of 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". 18.b. ORDINANCE NO. 026857 Ordinance appropriating $108,452.88 from the Arterial Transmission and Grid Main Trust Fund No. 209010-4030 to pay the JJAR Development, LLP reimbursement request for the installation of 2,360 -linear feet of 12 -inch PVC grid main to develop Legends of Diamante Unit 1. 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". 19.a. ORDINANCE NO. 026858 Abandoning and vacating a parcel of unimproved street right-of-way containing 2,456 - square feet out of the Plat of Brighton Village Unit 4 Subdivision, Nueces County, Texas, and located on Stone Henge Street east of Sterling Drive, in connection with the Realignment of Stone Henge Street. (First Reading 06/27/06) The foregoing ordinance was passed and approved on its second reading with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye" 19.b. ORDINANCE NO. 026859 Declaring as surplus property a parcel of land containing 2,456 -square feet out of the Plat of Brighton Village Unit 4 Subdivision, Nueces County, Texas, and located on Stone Henge Street east of Sterling Drive, in connection with the Realignment of Stone Henge Street. (First Reading 06/27/06) The foregoing ordinance was passed and approved on its second reading with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye" Regular Council Meeting - Minutes July 11, 2006 - Page 9 19.c. ORDINANCE NO. 026860 Approving the conveyance of a parcel of surplus property containing 2,456 -square feet remaining from the Realignment of Stone Henge Street, to the adjacent property owners, Jesse and Celina Buentello, in exchange for their perpetual maintenance of the property, and authorizing the City Manager or his designee to execute a quitclaim deed for the property. (First Reading 06/27/06) The foregoing ordinance was passed and approved on its second reading with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye" 20.a. ORDINANCE NO. 026861 Abandoning and vacating a parcel of unimproved street right-of-way containing 822 - square feet out of the Plat of Brighton Village Unit 4 Subdivision, Nueces County, Texas, and located on Stone Henge Street at Derby Drive, in connection with the Realignment of Stone Henge Street. (First Reading 06/27/06) The foregoing ordinance was passed and approved on its second reading with the following vote: Garrett, Chesney. Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye" 20.b. ORDINANCE NO. 026862 Declaring as surplus property a parcel of land containing 822 -square feet out of the Plat of Brighton Village Unit 4 Subdivision, Nueces County, Texas, and located on Stone Henge Street at Derby Drive, in connection with the Realignment of Stone Henge Street. (First Reading 06/27/06) The foregoing ordinance was passed and approved on its second reading with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye" 20.c. ORDINANCE NO. 026863 Approving the conveyance of a parcel of surplus property containing 822 -square feet remaining from the Realignment of Stone Henge Street, to the adjacent property owner, Eduardo Perez, in exchange for his perpetual maintenance of the property, and authorizing the City Manager or his designee to execute a quitclaim deed for the property. (First Reading 06/27/06) The foregoing ordinance was passed and approved on its second reading with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye" Minutes — Regular Council Meeting July 11, 2006 — Page 10 21. ORDINANCE NO. 026864 Abandoning and vacating a 22,692 -square foot portion of an unsurfaced, 40 -foot wide dedicated public right-of-way (Yorktown Boulevard Extension), out of Lots 9 and 24, Section 52, Flour Bluff and Encinal Farm and Garden Tracts, located east of Laguna Shores Road, between the Laguna Shores Road right-of-way and the Laguna Madre; subject to owner's compliance with the specified conditions. (First Reading 06/27/06) The foregoing ordinance was passed and approved on its second reading with the following vote: Garrett, Chesney. Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye" 22.a. ORDINANCE NO. 026865 Declaring eighteen City -owned properties (listed in Exhibit C) as surplus property, which include one developed residential property located at 3705 Topeka Street and seventeen vacant tracts of land, nine of which are irregular in shape and not suitable for building. (First Reading 06/27/06) The foregoing ordinance was passed and approved on its second reading with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, and Scott, voting "Aye": Noyoia abstained. 22.b. ORDINANCE NO. 026866 Authorizing the sale of eighteen surplus properties (listed in Exhibit C) consisting of one residential property located at 3705 Topeka Street, and eight developable tracts which will be sold individually to the public by sealed bid, and nine irregularly-shaped properties which will be sold to the adjacent landowners in exchange for their perpetual maintenance and care of the property; and authorizing the City Manager or his designee to execute the necessary deeds for all eighteen surplus properties to be sold and conveyed. (First Reading 06/27/06) The foregoing ordinance was passed and approved on its second reading with the following vote: Garrett, Chesney Cooper, Garcia, Kelly, Kinnison, Marez, and Scott, voting "Aye"; Noyola abstained. Mayor Garrett opened discussion on Item 16 regarding an Interlocal Cooperation Agreement between the city and Nueces County for lifeguard services on county beaches at Newport Pass and Padre Balli Parks. Mr. Johnny French spoke in favor of lifeguard services at these beaches, but questioned why the same services would not be provided at J.P. Luby Park, especially in the area that was closed to vehicular traffic. City Manager Noe replied that the County had requested the lifeguard services in these particular locations. If the citizens were interested in city services at other county parks, he suggested that they contact Nueces County. In response to Mayor Garrett's question, City Manager Noe stated that emergency vehicles were exempted from the vehicular access restriction. City Secretary Chapa polled the Council for their votes as follows: Minutes — Regular Council Meeting July 11, 2006 — Page 11 16. RESOLUTION NO. 026855 Resolution authorizing the City Manager or his designee to execute an Interlocal Cooperation Agreement with Nueces County, Texas for City of Corpus Christi, Texas, to provide lifeguard services on Nueces County Gulf Beaches in Newport Pass and Padre Balli Parks owned by County. The foregoing resolution was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye". ********** Mayor Garrett referred to Item 23, and a motion was made, seconded, and passed to open the public hearing on the following zoning case: Case No. 0506-09, Buchalter Real Estate, LLC: A change of zoning from a "R-1 B" One - family Dwelling District to a "B-1" Neighborhood Business District, being 1.00 acre out of Paisley's Subdivision, located 150 feet from the northeast intersection of Sycamore Place and Greenwood Drive. City Secretary Chapa said the Planning Commission and staff recommended denial of the "B-1" Neighborhood Business District and in lieu thereof, approval of a "B -1A" Neighborhood Business District. No one spoke in opposition to the zoning change. Mr. Garcia made a motion to close the public hearing, seconded by Mr. Scott, and passed. City Secretary Chapa polled the Council for their votes as follows: 23. ORDINANCE NO. 026867 Amending the Zoning Ordinance, upon application by Buchalter Real Estate, LLC, by changing the zoning map in reference to one acre out of Paisley's Subdivision, from "R- 1 B" One -family Dwelling District to "B -1A" Neighborhood Business District; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan; providing a penalty. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott. voting "Aye". ********* Mayor Garrett referred to Item 25, a quarterly presentation by the Corpus Christi Regional Economic Development Corporation (EDC). EDC President and CEO Roland Mower provided an existing industry update, saying it was the EDC's core program because 80 percent of the jobs created typically came from this sector. He mentioned that the EDC relaunched their local commercial real estate database, featuring a new searchable database, by hosting a luncheon for local realtors. In addition, he said the EDC had developed overlays using regional partners' logos and contract information (e.g. Kingsville EDC) and links to new real estate website were being placed on partners' website. Mr. Mower also mentioned the EDC staff's service on the Downtown Redevelopment Committee and the CCISD Education Foundation Minutes — Regular Council Meeting July 11, 2006 — Page 12 Board of Directors. Finally, he said the EDC had acquired 4A board funding for the BioFirst Pharmaceuticals (formerly Biotech Industries) project, and was currently in the contract review stage. He hoped to bring the project to the Council in the near future. Mr. Mower displayed a list of companies that EDC staff visited over the last quarter. He said the goal of the visits was to determine what obstacles the companies faced in terms of job creation or future corporate expansion. Mr. Mower provided a business recruitment update. He said the EDC currently had 15 active prospects with employment ranges from 25 to 400 employees and annual average wages of approximately $45,000. He said the investment in the community ranged between $7 million and $800 million. He noted that the EDC hosted several prospect community visits, including multiple visits by one prospect. In addition, Mr. Mower reported that the EDC was building a site selectors database, in accordance with IEDC standards, for the EDC website. He also reported that that the EDC was developing a marketing plan to attract the identified targeted industries in the area. Finally, he stated that the EDC, in conjunction with the city's Economic Development department, was developing a new GIS system that will enhance responses to prospects regarding available site infrastructure Mr. Scott asked City Manager Noe to arrange a training session on the GIS system for the Council. Mr. Mower provided an investor development update. He said EDC staff was developing a new PSA (public service announcement) promoting the city's airport services and Wi-Fi initiative in conjunction with in-kind members. He also stated that the EDC held an Industry Appreciation Luncheon honoring Bay Ltd. last month. He said the EDC was planning a Fall Site Selectors event, including members and their regional partners. Finally, he reported that the month of July had been a busy month for renewals, noting that about 40 percent of the EDC's private sector contributions were collected in July. Mr Mower discussed the EDC's progress on the Economic Development plan, which was announced at the regional Economic Summit on January 30. Since January, he said the historical analysis, goal study, and targeted industry study were completed. He said the new incentive matrix was under development. Finally, he said the Economic Development plan was in the technical review stage. Mr Mower displayed a sample list of the 26 targeted industries revealed in the study. He also provided a list of the goal study, which he defined as a mathematical manipulation of what the city needed to do to change the quality of its local economy. Finally, Mr. Mower discussed a number of other activities the EDC was involved in, including the Corpus Christi Digital Community Development Corporation; the Port of Corpus Christi's La Quinta project; the airport development with Scannell Properties; and working with the Port of Corpus Christi on commercial development adjacent to Whataburger Field. In summary, Mr. Mower said the existing industry program was growing, the business recruitment efforts (project flow) was strong, and the economic development plans were moving forward Council members asked questions about the GIS system; the types of business prospects; the incentive matrix; developing more Ph.D. programs at Texas A&M University — Corpus Christi; and funding the city's basic infrastructure needs for industry growth, especially on the north side of the Ship Channel. Minutes — Regular Council Meeting July 11, 2006 — Page 13 Mayor Garrett referred to Item 24, and a motion was made, seconded, and passed to open the public hearing on the Proposed FY 2006-2007 Operating Budget. Assistant City Manager Oscar Martinez provided a brief summary of the proposed budget, highlighting the following features: $566 million budget maintaining the effective tax rate; reducing the maintenance & operation tax rate by two cents; three percent increase in Fire and Police; three percent merit increase for civilian staff effective March 1, 2007; projected fund balance increase of $2 million; debt service fund tax rate is being maintained at 19.5 cent tax rate; and increases in utilities, gas, and solid waste funds. He also stated that the Council had directed staff that if there was an amount in excess of the 10 percent fund balance goal, it could be used for one- time capital expenses. Consequently, he said there was $1.036 million set aside for key capital projects. Mayor Garrett called for public comment. Mr. Jack Gordy spoke in favor of amending the charter to create an internal auditor position appointed by the Council; in favor of the tax break in the budget; and against the utility increases. Mr. Bill Kopecky, 3609 Topeka, spoke in favor of amending the city charter to create an elected city controller or auditor position; and in favor of including utility relocations costs in bond issue improvement projects. Mr. Carlos Fernandez of the Instituto de Cultura Hispanica asked the Council to approve their organization's request for additional Hotel Occupancy tax funds. Mr Garcia made a motion to close the public hearing, seconded by Ms. Cooper, and passed City Manager Noe stated that the first reading and consideration of the budget document was scheduled for July 18; and the second reading and adoption was scheduled on July 25. *********** Mayor Garrett called for a brief recess to present proclamations. ********* Mayor Garrett called for petitions from the audience. Mr. Curt Broomfield, 1106 Sealane, spoke regarding the importance of the Convention and Visitors Bureau (CVB) in promoting the city; and in favor of the city assuming the Columbus Fleet debt from the CVB. Mr. Jack Gordy, 4118 Bray Drive, spoke regarding an electronic sign on S.P.I.D. that was being investigated for violating State signage laws. City Manager Noe stated that staff had contacted TxDOT to discuss the issue, but declined to discuss the matter further without legal advice *****,*** Mayor Garrett opened discussion on Item 27 regarding a reimbursement resolution for utility system improvements. Director of Financial Services Cindy O'Brien stated that the resolution expressed the city's intent to repay $12 million in costs related to utility improvements. She said the city intended to issue revenue bonds for the utility project in the first quarter of next fiscal year. However, to ensure the timely completion of a number of utilities Minutes — Regular Council Meeting July 11, 2006 — Page 14 projects, she said the city must move forward with a number of construction contracts before the bond sale. There were no comments from the public. City Secretary Chapa polled the Council for their votes as follows: 27. RESOLUTION NO. 026868 Resolution expressing official intent to reimburse $12,000,000 in costs with respect to the construction of improvements to the City's Utility System. The foregoing resolution was passed and approved with the following vote: Garrett, Chesney. Cooper, Garcia, Kelly. Kinnison, Marez, Noyola, and Scott, voting "Aye". Mayor Garrett opened discussion on Item 28 regarding a five-year Consulting Services Agreement with the Corpus Christi Convention and Visitors' Bureau (CVB). Assistant City Manager Oscar Martinez described the major terms of the contract as follows: CVB will provide a Business/Marketing Plan and line item budget by May 1 of each year; CVB will conform to accounting standards and complete an independent audit within 90 days of the end of the fiscal year; the CVB's primary performance indicator shall be the level of Hotel Occupancy tax earned by the city during each contract year; a minimum funding level of 35 percent of the total seven percent Hotel Occupancy tax earned during each contract year; funding to pay the debt service on the city's Certificate of Obligation expended for the location and site development of the Columbus Fleet plaza; provision for an incentive payment to the CVB for assisting the city in achieving an annual three percent increase in excess of the historical three year rolling average of 7 percent Hotel Occupancy tax earnings; and redesignates the required membership of the CVB Board of Directors. Mr Scott asked for more information on the incentive payment. Assistant City Manager Martinez explained that the CVB would be eligible for an incentive payment if they achieved an annual three percent increase in excess of the historical three-year rolling average of seven percent Hotel Occupancy tax earnings. In this case, he said the CVB would receive 50 percent of the excess amount. He referred to Section VII, Subsection 8.04 of the contract for concrete examples. On the other hand, he said if the city's hotel/motel tax receipts fell below $5.58 million (ten percent below minimum threshold of $6.2 million) for the twelve months ending March 31 in any year, he said this would trigger contract renegotiation. Mr. Scott spoke in support of moving the Columbus Fleet debt from the CVB budget to the city's debt service fund, increasing their resources for marketing the city. Mr. Marez asked for the rationale used to recommend the proposed reduction from 15 to 11 members in the CVB Board membership. Mayor Garrett stated that after extensive discussions between city staff and the CVB, it was decided that reducing the board membership would result in a more productive and efficient organization. Assistant City Manager Martinez stated that the CVB requested that all the terms of the current Board members serving as of July 31. 2006 would end on July 31, 2006. He said this did not preclude the Council from reappointing any of the current Board members immediately rather than waiting until the term ended. Mr. Marez stated that he would like to see new blood in this group. In response to Mr. Marez's question, Mayor Garrett stated that he had already compiled and distributed a list of potential candidates to the Council. He said the CVB Board appointments were scheduled for next week's Council meeting. Minutes — Regular Council Meeting July 11, 2006 — Page 15 Mr. Noyola noted that Section IX, Subsection 9.03 stated the Board members could serve no longer than six consecutive years. For those Board members who were currently serving on the Board, he asked if the six-year service limitation included their prior service. Assistant City Manager Martinez replied that the contract did not address this issue. City Secretary Chapa stated that the issue needed to be clarified because there were several Board members seeking reappointment who currently had four or five years of prior service. Mr. Noyola spoke in favor of including prior service in the six-year service limitation because it was important to give others an opportunity to serve on the Board. Mr. Chesney made a motion to amend to include contract language that prior service will be considered regarding term limits, seconded by Mr. Noyola. Mayor Garrett called for discussion regarding Mr. Chesney's motion. Mr. Foster Edwards, CVB Board treasurer, pointed out that the pool of candidates for the hoteliers, restaurateurs, and attractions categories was limited. He suggested that the Council consider assigning permanent slots on the Board for the Texas State Aquarium CEO or the manager of the largest hotel in town. Mr. Chesney replied that the Texas State Aquarium had other staff members besides the CEO who could be nominated to serve on the Board. He also said that Board members who had met the six-year service limitation could seek reappointment after waiting one year. Mr. Kinnison spoke in favor of the proposed contract because it was tied to performance standards and even offered incentives for improved performance. Regarding the Columbus Fleet debt, he said that as long as HOT tax funds paid the debt, he did not care how it was paid. He emphasized, however that he did not want the debt paid out of the General Fund. He said he looked forward to seeing the CVB's marketing and business plan. Mr. Chesney spoke in favor of reducing the Board membership through attrition rather than by ending everyone's terms simultaneously. He said it was unfair to penalize all the Board members by "cleaning house" in the proposed way. He said there were current Board members who were doing a good job. He asked if the CVB agreed with the proposed method for reducing the Board. Mr. Edwards replied that the CVB was in favor of reducing the size of the Board, whether by attrition or otherwise. Mr. Chesney also spoke in favor of reducing the Board membership further, possibly to nine members. Mayor Garrett replied that while he was not opposed to replacing the Board members by attrition, city staff and the CVB had met extensively and agreed with the proposed Board size of 11 members. He said it was also agreed that the CVB Board needed to move in a different direction, and a change in membership was a good start. He acknowledged that some members were doing a good job, but other members did not appear to be committed. Ms. Debbie Lindsey -Opel, interim Convention and Visitors Bureau CEO, agreed that some of the members had changes it employment status or other reasons that prevented them from fully contributing to the Board. Mr. Garcia spoke in favor of the proposed contract. He felt that prior service should not be considered regarding term limits. He also spoke in favor of moving the Columbus Fleet debt from the CVB budget because it was limiting their resources for marketing efforts. Mayor Garrett called for the vote on Mr. Chesney's motion to amend regarding term limits. The motion to amend failed as follows: Chesney, Marez, Noyola, and Scott, voting "Aye"; Garrett, Cooper, Garcia, Kelly, and Kinnison, voting "No". City Secretary Chapa noted Minutes — Regular Council Meeting July 11. 2006 — Page 16 that language would be added to the contract to clarify that Board members' prior service would not be considered regarding term limits. Mr. Scott made a motion that the Columbus Fleet debt be moved from the CVB budget and into the city's debt service fund, and keep the CVB funding in place, seconded by Mr. Garcia. Mayor Garrett called for discussion on Mr. Scott's motion. City Manager Noe stated that by moving the Columbus Fleet debt to the debt service fund, the city would increase the appropriation in the debt service. He said there was currently more fund balance in the debt service fund in next year's budget than was required for debt service. He said the move would impact the budget, however, because the city's debt capacity would be reduced by the said amount, which would affect Bond 2008. A discussion ensued regarding the history of the Columbus Ships and debt. Ms. Lindsey -Opel stated that the Columbus Fleet Association, a private group, rallied to ask the city to fund the bond issue for Columbus Fleet plaza. Mr. Noe added that the group was supposed to pay rent to the city to cover the cost of the bonds. She said the ships sustained extensive damage from an accident during a storm, however, and the insurance settlement did not cover the revenue loss. She said a group organized by the Mayor's Office developed a plan to use Hotel Occupancy tax funds to underwrite the cost, similar to the plan used for the U.S.S. Lexington. Unfortunately she said unlike the U.S.S. Lexington, the Columbus Fleet was not able to earn a profit as an attraction. Mr. Noyola spoke against moving the Columbus Fleet debt to the General Fund because he did not think it was fair to the taxpayers. Mr. Rocco Montesano, Director of the U.S.S. Lexington, spoke in favor of moving the Columbus Fleet debt from the CVB budget to the city budget. He said the HOT tax and the debt service fund were all funded through city tax dollars, and it was the Council's call on how best to use the revenues. He spoke in favor of the new performance-based CVB contract; to meet the performance standards, however, he said the CVB could better use the resources freed up by the Columbus Fleet debt for marketing efforts. Mr. Kinnison spoke against moving the Columbus Fleet debt to the debt service fund. He and Mr. Noyola preferred to give the CVB additional funding from the HOT tax to make the debt payment rather than move the debt to the General Fund. Mr Abel Alonzo spoke against moving the Columbus Fleet debt to the debt service fund because he did not think it was fair to the taxpayers. Mr. Foster Edwards pointed out that the Columbus Fleet debt was incurred by the city, not the CVB. He said it was the Council's decision on how the city paid for the debt. He advised that the CVB would better off spending the $250,000 on marketing and advertising efforts rather than paying the Columbus Fleet debt. Mayor Garrett asked staff to comment on how moving the Columbus Fleet debt to the debt service fund would affect the city budget. City Manager Noe replied that when the city considered future bond sales after 2008, staff would have to adjust the amount the city could issue before a tax rate increase was required. In the end, he said the move would defer the city's capacity to issue debt in the future. He also pointed out that the city's capacity was relatively large after 2008 because the 1986 bond issue would be paid off. Assistant City Manager Martinez added that if the city had to absorb the $250,000 payment as a tax increase in the debt service fund, it would be a relatively small increase of a quarter of a penny. Mr. Minutes — Regular Council Meeting July 11. 2006 — Page 17 Chesney noted that this would be a better alternative than taking the funds out of the HOT tax revenues, which would require reduced funding for arts agencies and the Convention Center. Mr. Kelly stated that when the Columbus Fleet debt was first discussed, his impression was that the city had pledged that the taxpayers would not have to pay the debt. He felt it was preferable to give the CVB funding from the HOT tax to pay the debt rather than switch the obligation to property tax payers. Mr. Kinnison stated that he wanted to see the CVB improve their performance before giving them any more money. He and Mr. Kelly noted that the CVB budget this year was $100,000 higher than last year's budget, so they had already gotten an increase but with no performance results. He also cautioned the Council that the city was able to acquire the bowlers' convention because of its healthy HOT tax fund balance. He said the city did not have a healthy HOT tax now, and if the city wished to pursue contracts for the men or women's bowling tournaments, they needed to build up the fund. He spoke against moving the debt to the debt service fund. Mr Chesney stated that the city has historically underfunded the CVB, making it difficult for the city to compete with other cities in the State. He said the city was a tourism and convention center, and needed to fund the CVB as such. He said he did not recall a promise ever being made to the citizens that the debt would not be paid out of tax dollars. Mr. Bill Pruet agreed that before the CVB could bring the city to a new level, it would need more funding for marketing. Ms. Cooper spoke in favor of moving the Columbus Fleet debt to the debt service fund. Mayor Garrett called for the vote on Mr. Scott's motion to amend to move the Columbus Fleet debt from the HOT tax to the debt service fund, and to keep the CVB funding in place. City Secretary Chapa polled the Council for their votes as follows: Garrett, Chesney, Cooper, Garcia, and Scott, voting "Aye"; Kelly, Kinnison, Marez, and Noyola, voting "No". The motion to amend passed. City Secretary Chapa polled the Council for their votes on Item 28 as amended as follows 28. MOTION NO. 2006-209 Motion authorizing the City Manager or his designee to execute a five-year Consulting Services Agreement with the Corpus Christi Convention and Visitors' Bureau (CVB) for the purpose of promoting convention and visitor activity. The foregoing motion was passed and approved as amended with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye" Mayor Garrett opened discussion on Item 29 regarding the funding for the Sanitary Sewer Trunk Fund System and other Infrastructure Systems. City Manager Noe reported that in April 2005, the Council adopted a resolution to suspend applications to the Sanitary Sewer Trunk System due to a shortage of funding. He said in April 2006, staff reported that they would be developing a new program for funding the system by the end of the summer. Meanwhile, he said the city had received a request to allow developers to submit applications for approval Minutes — Regular Council Meeting July 11. 2006 — Page 18 without a promise for reimbursement, but they would have an opportunity for investment. There were no comments from the public. Mr. Garcia noted that the proposed system would reimburse projects on a first-come, first serve basis. He spoke in favor of extending the effective date of the resolution to 90 days from now to level the playing field for smaller developers and engineers. At the end of the 90th day, he said developers could submit applications to see if they were eligible. Mr Gunning replied that when staff developed the proposed resolution, they had set an effective date of July 12, 2006. At that time, however, equity issues were raised, and a local engineer had requested a 60 -day time frame. He said staff agreed with Mr. Garcia's concerns about fairness issues, and subsequently staff was prepared to recommend an effective date of 30 days. Mr. Garcia replied that 30 days did not provide sufficient time for developers; he preferred a minimum of 60 days. He also questioned the wisdom of opening the application process when the city could not guarantee reimbursements. Mr. Garcia made a motion to amend the resolution to provide for an effective date of 90 days after passage, seconded by Mr. Noyola, and passed. City Secretary Chapa polled the Council for their votes on the resolution as amended as follows: 29. RESOLUTION NO. 026869 Resolution amending Resolution No. 026216 adopted on April 12, 2005, to authorize the City Manager to accept applications to the Sanitary Sewer Trunk System Trust Fund and to develop a new program for funding of Sanitary Sewer Trunk Fund System and other Infrastructure Systems. The foregoing resolution was passed and approved with the following vote: Garrett, Chesney. Cooper, Garcia, Kelly, Marez, Noyola, and Scott, voting "Aye"; Kinnison was absent_. Mayor Garrett referred to Item 30, an ordinance changing the name of Winnebago Street to Uptown Avenue. and said it was withdrawn by the applicant. After meeting with the developer and the neighborhood representatives, Mayor Garrett said a compromise was brokered to change Mr. Adame's building address to 901 Upper Broadway, which coincided with the address of the Knucklehead's Restaurant across the street. He said the Winnebago Street nar'ne would not be changed. Mr. Joel Mumphord thanked the Mayor and Council for their efforts in finding a compromise. 30. WITHDRAWN (Tabled 06/27/06) Changing the name of Winnebago Street to Uptown *********** Mayor Garrett called for the City Manager's report. City Manager Noe reported that at next week's meeting, the Council would consider the first reading of the budget adoption ordinance. He also stated that as staff members prepared for the end of the fiscal year, the Council may notice more items on the agenda the next two weeks. Minutes — Regular Council Meeting July 11. 2006 — Page 19 Mayor Garrett reported that a resident on 1309 Brownlee was requesting that a street fight be installed on her block. Assistant City Manager Ron Massey stated that Traffic Engineering was evaluating her request. Mayor Garrett asked staff to contact the resident and provide an update. Mayor Garrett called for Council concerns and reports. Mr. Noyola noted that the number of mosquitoes in the city had increased tremendously. He asked Mr. Noe to discuss the city's mosquito spraying efforts. City Manager Noe said staff would provide an update on the mosquito spraying program. Mr. Noyola asked if the city had begun negotiating the Firefighters contract. City Manager Noe replied that staff was in the process of scheduling a meeting. Mr. Garcia spoke regarding the twilight rates at the Oso Golf Course, which should include the use of golf carts until sundown. He said he had received reports that staff was collecting golf carts at 7 15 p.m., before sundown. Director of Parks and Recreation Sally Gavlik confirmed that a number of part-time Oso staff had been collecting golf carts early, but she said they would not be doing it anymore. Mr Garcia also thanked the Street Services division for their diligence in covering potholes in the city. Ms. Cooper reported that the next town hall meeting would be held on July 24 at the Ethel Eyerly Senior Center at 6:00 p.m., hosted by Mr. Mark Scott and the at -large Council Members. She also echoed Mr. Noyola's concerns about the mosquito problems in the city, and she emphasized that the city needed to get it under control. There being no further business to come before the Council, Mayor Garrett adjourned the Council meeting at 2:12 p.m. on July 11, 2006.