HomeMy WebLinkAboutMinutes City Council - 07/25/2006I HEREBY CERT IF\ thzit the ioreuoing is a true and correct copy of the minutes of the Regular
'_Meetinu. or the Corpus Christi ('it, Council of Jule 25. 2006, which were approved by the City
Council on AL1gus'. 22. 2006.
ITNESSETH \ Y H.ANC) AND SEAL. on this the 22nd day of August, 2006.
Armando Chapa
City Secretary
SEAL.
MINUTES
CITY OF CORPUS CHRISTI, TEXAS
Regular Meeting
July 25, 2006 - 10:00 a.m.
P2ESENT
Mayor Henry Garrett
Mayor Pro Tem Jesse Ncyola
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 deiiverec by Minister Eddie Rodriguez of Norton Street Church of
Christ and the Pledge of Allegiance to the United States flag was led by Council Member Marez.
Mayor Garrett called for approval of the minutes of the regular Council meeting of July
18, 2006 A motion was made. seconded. and passed to approve the minutes as presented.
Mayor Garrett called for consideration of the consent agenda (Items 2 - 21). City
Secretary Chapa announced that Mr. Marez would be abstaining from the vote and discussion
on Item 7, and Mr. Noyoa would be abstaining from the vote and discussion on Items 14, 15,
16, 17 and 21. There were no comments from the public. A motion was made, seconded, and
passed to approve Items 2 through 21 constituting the consent agenda. City Secretary Chapa
polled the Council for they votes as follows:
2. MOTION NO. 2006-226
Motion approving the purchase of five (5) defibrillators from Zoll Medical Corporation, of
Chelmsford. Massachusetts for a total amount of $82,003.90. The award is based on
:he cooperative ;purchasing agreement with the Houston Galveston Area Council
HGAC). The defibrillators will be used by the Fire Department. Funds have been
budgeted by the Fre Department in FY 2005-2006.
The foregoing motion was passed and approved with the following vote: Garrett,
Chesney. Cooper Garcia, Kelly. Kinnison, Marez, Noyola. and Scott, voting "Aye".
Minutes — Regular Council Meeting
July 25. 2006 — Page 2
3. MOTION NO. 2006-227
Motion approving a service agreement with Fidelity Output Solutions, of San Antonio,
Texas for electronic statement processing services for utility statements and delinquent
notices, in accordance with Request for Proposal No. BI -0153-06, for an estimated five
year expenditure of $935 455.50 The term of the agreement is for five years with an
average annual peojected cost of $187,091 10. Funds have been budgeted by the Utility
Business Office Division of the Financial Services Department in FY 2005-2006 and
eequested 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. 2006-228
Motion approving the purchase of six (6) pickup trucks from Philpott Motors, of Port
Neches, Texas for the total amount of $117,151. The award is based on the cooperative
purchasing agreement with the Houston Galveston Area Council (HGAC). These
vehicles will be used for the Fire Department and Parks and Recreation Department.
Funding is availaole in the operations budgets of the respective departments for FY
2005-2006 All items are replacements to the fleet
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. 2006-229
Motion approving the purchase of emergency generator cabling and accessories from
Graybar Electric, of Corpus Christi, Texas for the total amount of $89,783.15. The
award is based on the cooperative purchasing agreement with US Communities. The
cable is purchased for the Wastewater Department. Funding is available in the
operation budget of the Wastewater Department for FY 2005-2006.
The foregoing motion was passed and approved with the following vote: Garrett,
Chesney, Cooper. Garcia.. Kelly. Kinnison, Marez, Noyola. and Scott, voting "Aye".
6.a. RESOLUTION NO. 026881
Resolution author:zing the City Manager or his designee to accept a $14,000 grant from
the Texas Department of State Health Services in the No. 1067 Federal/State Grant
Fund to be used for the Coordinated Community Approach to Promote Wellness
CCAPWel, i to develop a strategic plan to combat obesity in our community.
The foregoing resolution was passed and approved with the following vote: Garrett,
Chesney, Cooper Garcia, Kelly, Kinnison, Marez. Noyola. and Scott, voting "Aye".
Minutes -- Regular Council Meeting
July 25: 2006 — Page 3
6.b. ORDINANCE NO 026882
Ordinance appropriating a $14,000 grant from the Texas Department of State Health
Services in the No, 1067 Federal/State Grants Fund for the Coordinated Community
Approach to Promote Wellness (CCAPWeII) to develop a strategic plan to combat
obesity in our community.
An emergency was declared, and the foregoing ordinance was passed and approved
with the following vote: Garrett, Chesney. Cooper. Garcia, Kelly, Kinnison, Marez,
Noyola, and Scott voting "Aye"
7.a. MOTION NO. 2006-230
Motion to authorize the City Manager or his designee to execute an agreement in the
amount of $1.333 with Communities in Schools, Inc. for support of youth mentoring
Jrograms
The foregoing motion was passed and approved with the following vote: Garrett,
Chesney, Cooper Garcia. Kelly, Kinnison. Noyola, and Scott, voting "Aye"; Marez
abstained.
7.b. MOTION NO. 2006-231
Motion to authorize the City Manager or his designee to execute an agreement in the
amount of $500 with Alcorta's Folklorico Diamante, Inc. for support of arts education
activities.
The foregoing motion was passed and approved with the following vote: Garrett,
Chesney, Cooper Garcia. Kelly, Kinnison. Noyola, and Scott, voting "Aye"; Marez
abstained.
7.c. MOTION NO. 2006-232
Motion to authorize the City Manager or his designee to execute an agreement in the
amount of $1,333 with Corpus Christi Safeplace House, Inc., dba The Wenholz House
for support of housing and addiction rehabilitation programs.
The foregoing motion was passed and approved with the following vote: Garrett,
Chesney, Cooper Garcia Kelly, Kinnison. Noyola, and Scott, voting "Aye"; Marez
abstained.
7.d. MOTION NO. 2006-233
Motion authorizing transfer of $1,333 from City Council Organization to Sister City
Program Organization within General Fund for support of Sister City program.
The foregoing motion was passed and approved with the following vote: Garrett,
Chesney, Cooper Garcia. Kelly. Kinnison, Noyola, and Scott, voting "Aye"; Marez
abstained.
Minutes — Regular Council Meeting
July 25 2006 — Page 4
8.a MOTION NO. 2006-234
Motion authorizing the City Manager or his designee to execute an addendum to the
current lease with Durrili Properties for the facility space to operate the Juvenile
Assessment Center for three additional years, in the annual amount of $33,664.20,
which has been budgeted in the FY 2006-2007 budget of the Corpus Christi Crime
Control and Prevention District
The foregoing motion was passed and approved with the following vote: Garrett,
Chesney, Cooper Garcia, Kelly. Kinnison, Marez, Noyola, and Scott, voting "Aye".
8.b. MOTION NO. 2006-235
Motion authorizing the City Manager or his designee to execute an addendum to the
current lease with Durrill Properties for the facility space to operate the Juvenile
Municipal Court for three additional years, in the annual amount of $32,239.20, which
has been budgeted in the FY 2006-2007 budget of the Corpus Christi Municipal Court.
The foregoing motion was passed and approved with the following vote: Garrett,
Chesney. Cooper Garcia. Kelly. Kinnison Marez, Noyola. and Scott, voting "Aye".
9. MOTION NO. 2006-236
Motion authorizing the City Manager or his designee to execute a construction contract
with King -Isles, Inc., of Corpus Christi, Texas in the amount of $535,322 for the Furman
Avenue Development/Spohn Shoreline Hospital Sanitary Sewer for the total base bid.
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. 2006-237
Motion authorizing the City Manager or his designee to execute a construction contract
with DMB Construction. LLC, of Corpus Christi, Texas in the amount of $70,895 for the
Fire Station No. 14 Concrete Driveway Repair 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. 2006-238
Motion authorizing the City Manager or his designee to execute a contract with Alan
Plummer Associates, Inc. of Austin, Texas not to exceed $135,000 for consulting
services necessary to assist in the coordination and review of various activities affecting
the Nueces Delta.
The foregoing motion was passed and approved with the following vote: Garrett,
Chesney, Cooper Garcia. Kelly. Kinnison, Marez, Noyola, and Scott, voting "Aye".
Minutes - Regular Council Meeting
July 25. 2006 — Page 5
12. RESOLUTION NO. 026883
Resolution requesting the Texas Department of Transportation designate the new State
Highway 44 Bypass in Clarkwood as part of the State Highway 44 roadway system; re-
designate the former location of State Highway 44 as a business route.
The foregoing resolution was passed and approved with the following vote: Garrett,
Chesney, Cooper Garda, Kelly. Kinnison, Marez, Noyola. and Scott, voting "Aye".
13. ORDINANCE NO. 026884
Ordinance appropriating S21,315 in Haz-Mat Response Calls Revenue received from
Texas Molecular into the General Fund Fire Department for purchase of Haz-Mat
consumable equipment and supplies; amending the FY 2005-2006 Operating Budget,
adopted by Ordinance No 026385. by increasing estimated revenues and
appropriations by 321.315 each
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"
14. ORDINANCE NO 026885
Ordinance appropriating $729,319 in Passenger Facility Charge Fund 4621 from
unreserved fund balance transferring $643,761 into the Airport 2000A Debt Service
Fund 4640 and $85,558 into the Airport 2000B Debt Service Fund 4641 for Debt Service
Payments on Airport Improvements; amending FY 2004-2005 Capital Budget adopted
dy Ordinance No. 026188 to increase appropriations by $729,319.
An emergency was declared, and the foregoing ordinance was passed and approved
with the following vote: Garrett. Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, and
Scott. voting "Aye': Noyola abstained.
15. ORDINANCE NO 026886
Ordinance appropriating $172;933 in Passenger Facility Charge Fund 4621 from
unreserved fund balance for Airport Landside Roadway System Reconstruction
Improvements: amending FY 2004-2005 Capital Budget adopted by Ordinance No.
026188 to increase appropriations by $172.933.
An emergency was declared, and the foregoing ordinance was passed and approved
with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, and
Scott, voting "Aye'; Noyola abstained.
Minutes - Regular Coundi Meeting
July 25. 2006 - Page 6
16. ORDINANCE NO. 026887
Ordinance appropriating $828,707 in Passenger Facility Charge Fund 4621 from
unreserved fund balance for Passenger Loading Bridges at the Airport; amending FY
2004-2005 Capita Budget adopted by Ordinance No. 026188 to increase appropriations
oy $828,7C7
An emergency was declared, and the foregoing ordinance was passed and approved
with the following vote Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, and
Scott, voting "Aye Noyola abstained.
ORDINANCE NO. 026888
Ordinance appropriating $125,000 in the Airport Operating Fund 4610 from unreserved
fund balance and $75,000 from Aviation Reserve Fund Balance for emergency airport
chiller system rental and repairs, amending FY 2005-2006 Operating Budget adopted by
Ordinance No. 026385 to increase appropriations by $200,000.
An emergency was declared. and the foregoing ordinance was passed and approved
with the following vote. Garrett, Chesney. Cooper, Garcia, Kelly, Kinnison, Marez, and
Scott, voting "Aye Noyola abstained.
18. ORDINANCE NO. 026889
Ordinance authorzing the City Manager or his designee to execute a Use Privilege
Agreement with R E.E., Inc. dba McDonald's Restaurant (Owner), for the right to plant
and maintain approximately 432 -square feet (3 -foot wide x 144 -foot long) of landscaped
sectioned area within the Morgan Avenue public right-of-way, adjacent to the
McDonald's Restaurant building. located at 2021 Morgan Avenue; establishing a fee of
$1 14C.
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. ORDINANCE NO. 026890
Ordinance abandoning and vacating a 1,592.68 -square foot portion of a 10 -foot wide
utility easement out of Lots 20-23 and Lots 45-48, Block 11, Flour Bluff Park, located
approximately 150 feet north of the South Padre Island Drive street right-of-way,
adjacent to the Flour Bluff Drive street right-of-way; subject to compliance with the
specified conditions.
An emergency was declared. and the foregoing ordinance was passed and approved
with the following vote: Garrett, Chesney, Cooper. Garcia, Kelly, Kinnison, Marez,
Noyola, and Scott voting 'Aye"
Minutes -- Regular Council Meeting
July 25. 2006 — Page 7
20. ORDINANCE NO 026891
Ordinance abandoning and vacating a 823.50 -square foot portion of a 10 -foot wide utility
easement out of i_ot 2A, Block 8, Matt Dunn Subdivision, located just southeast of and
adjacent to the Ocean Drive Street right-of-way; subject to compliance with the specified
conditions
An emergency was declared, and the foregoing ordinance was passed and approved
with the following vote: Garrett, Chesney. Cooper, Garcia, Kelly, Kinnison, Marez,
Noyola. and Scott. voting "Aye'
21. ORDINANCE NO 026892
Authorizing the City Manager or his designee to execute a long-term lease agreement,
five (5) years, with San Antonio MTA, L.P. d/b/a Verizon Wireless to construct, maintain,
and operate a s,xty-foot (60') high monopole type tower for use in connection with
providing communications services at the Corpus Christi International Airport in
consideration of an annual rental fee and extended automatic rental terms being three
(3) successive periods of five (5') years each. (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 referred to Item 22, and a motion was made, seconded, and passed to
open the public hearing on the following zoning case:
Case No. 0606-01, Grace United Methodist Church: A change of zoning from a "R-1 B"
One -family Dwelling District to a "B-1" Neighborhood Business District, being Tract 7 out
of the Shell Road Poultry Acres/Pugh Tract, located on Church Street and approximately
215 feet north of Leopard Street
City Secretary Chapa stated that the Planning Commission and staff recommended
denial of the "B-1" Neighborhood Business District, and in lieu thereof, approval of a Special
Permit for a church -related thrift shop with six (6) conditions.
No one spoke in opposition to the zoning change. Mr. Kelly made a motion to close the
public hearing, seconded by Mr. Kinnison, and passed. City Secretary Chapa polled the
Council for their votes as follows:
Minutes -- Regular Councl Meeting
July 25. 2006 - Page 8
22. ORDINANCE NO 026893
Amending the Zoning Ordinance upon application by Grace United Methodist Church,
by changing the zoning map in reference to Tract 7 out of the Shell Road Poultry
Acres/Pugh Tract (currently zoned "R -1B" One -family Dwelling District) by granting a
Special Permit for a church -related thrift shop, subject to six (6) conditions; 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
pith 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. 0606-02, Dinah Morton: A change of zoning from a "F -R" Farm -Rural District
to a "R -1B" One -family Dwelling District, being a 5.255 acre tract of land situated in and
out of a portion of Lot 15, Section 41, Flour Bluff and Encina) Farm and Garden Tracts,
ocated on Flour Bluff Drive approximately 225 feet south of Graham Drive.
City Secretary Chapa stated that the Planning Commission and staff recommended
approval of "R-1 B' One -family Dwelling District.
No one spoke in opposition to the zoning change. Mr. Scott made a motion to close the
public hearing, seconded by Mr. Kinnison. and passed. City Secretary Chapa polled the
Council for their votes as follows:
23. ORDINANCE NO 026894
Amending the Zoning Ordinance, upon application by Dinah Morton, by changing the
zoning map in reference to a 5.255 acre tract of land situated in and out of a portion of
Flour Bluff and Encina) Farm and Garden Tracts, Lot 15, Section 41, from "F -R" Farm -
Rural District to "R -1B" One -family Dwelling 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 24, and a motion was made, seconded, and passed to
open the public hearing on the following zoning case:
Case No. 0606-04, Hogan Development Co., L.P.: A change of zoning from a "F -R"
Farm -Rural District to a "R-1 B" One -family Dwelling District, being 26.53 acres out of the
Flour Bluff and Encinal Farm and Garden Tracts, Lot 1 and a portion of Lot 2, Section
32. located on Holly Road approximately 2,560 feet east of Lexington Road.
City Secretary Chapa stated that the Planning Commission and staff recommended
approval of the "R B" One -family Dwelling District.
Minutes -- Regular Council Meeting
July 25 2006 — Page 9
No one spoke in opposition to the zoning change. Mr. Kelly 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:
24. ORDINANCE NO 026895
Amending the Zoning Ordinance, upon application by Hogan Development Co., L.P., by
changing the zoning map in reference to 26.53 acres of Flour Bluff and Encinal Farm
and Garden Tracts Lot 1 and a portion of Lot 2, Section 32 from "F -R" Farm -Rural
District to "R B' One -family Dwelling District; amending the Comprehensive Plan to
account for any deviation 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. and a motion was made, seconded, and passed to
open the public hearing on the following zoning case:
Case No. 0606-05, Cross Road Builders: A change of zoning from a "F -R" Farm -Rural
District to a "R-2" Multiple Dwelling District with a "PUD -2" Planned Unit Development 2
Overlay in Sunshine Acres, a portion of Block 11, Lot 13, located on the north side of
Wooldridge Road and approximately 1,200 feet west of Rodd Field Road.
City Secretary Chapa stated that the Planning Commission and staff recommended
approval of the "R-2" Multiple Dwelling District with a "PUD -2" Planned Unit Development 2
Overlay subject to the submitted site pian for 20 townhouses and the five (5) conditions.
Acting Assistant Director of Development Services Faryce Goode -Macon reported that
the applicant was requesting the zoning change for the development of 20 town houses in five
fourplexes She said the townhouses would be a mix of one- and two-story units ranging in size
from 1 500 to 1,770 square feet.
Ms. Macor stated the applicant proposed property access off Wooldridge Road, a two-
lane rural highway that was scheduled for a number of Bond 2004 improvements. She said the
existing property to the iorth and to the west of the subject property called for low-density
residential development. In addition, she said the applicant planned to locate the townhouses
next to the existing drainage ditch along the eastside of the property, with the parking area and
private road to the west.
Ms. Macon stated that the subject property was a narrow. 150 -foot wide remnant of land
from a single-family subdivision (Windsong). She said that due to the narrowness, shallow
depth, and lack of access from adjoining subdivisions, single-family use would be an inefficient
use of the property Ms. Macon displayed a number of photos of the subject property.
Ms. Macon reported that the applicant was requesting a Planned Unit Development
(PUD) 2 Overlay, which would provide the following features: buildings shall not exceed two
stories, outdoor lighting shail be directed away from the adjacent single-family residential
neighborhoods; and construction of townhouse project shall commence within two years from
the approved ordinance date. Moreover, she said two additional conditions were imposed
regarding landscaping and screening fence requirements.
Minutes — Regular Council Meeting
July 25, 2006 — Page 10
In conclusion. Ms Macon stated that staff was recommending approval of the applicant's
request subject to the submitted site plan for 20 townhouses.
Mayor Garrett called for public comment. The following individuals spoke in opposition
to the proposed development, citing drainage problems, privacy, and traffic concerns: Ms.
Freddie Sampson 2324 'Noodway; and Ms. Mary Myress.
In response to the residents' concerns about drainage, City Engineer Angel Escobar
stated that several projects were currently underway to address the drainage problems. One
project was the Mary Carroll Ditch outfall, which ran underneath Rodd Field and out to Oso Bay,
was being widened and deepened. In addition, he said the city needed to clean and perform
maintenance on the aforementioned ditch precisely at the location of Wooldridge and this new
development. He also said the city was working with TxDOT to replace the existing wood
bridge. enlarging it so it could handle a 100 -year flood event. The project would be let in
September, with construction beginning in October 2006.
Mayor Garrett expressed concern about backyard privacy issues for the residents. Mr.
Kinnison pointed out that the plan was to erect a screening fence between the subject parcel
and the homes on Windsong Drive. In addition, he said landscaping and a street would
separate the proposed development from the residents. Ultimately, he said the space between
the back fence of the Windsong residences and the front of the proposed townhouse was close
to 59 feet. He said the back of the townhouses would face the drainage ditch. He said the
developer had in effect moved the townhouses as far back from the residences as possible.
Mr. Garcia asked why the developer was requesting a PUD. Acting Director of
Development Services Michael Gunning replied that initially, the developer had only requested
an "R-2- zoning change, but due to the neighborhood's concerns, he heeded staff's
recommendation to consider a Planned Unit Development. He said the developer than worked
with the neighborhood to determine the location and footprint of the townhouses to create as
much distance between them as possible. He said the Planned Unit Development would
ensure that the development would be built exactly as shown in the site plan.
Councilmember Garcia asked Mr. Joe Garcia, the developer, if he had sought the
neighborhood's input on :he project. Mr Garcia, 4626 Weber Road, replied that he had spoken
with a gentleman representing the residents and offered to make a presentation on the
development He said unfortunately, the gentleman said the residents could not agree on a
date, so he sad he would contact Mr Garcia later. Mr. Garcia said the gentleman never
contacted him; so consequently a meeting was not held; however, he said he did make himself
available to the residents He said he tried to be as sensitive to the neighborhood's needs as
possible
Councilmember Garcia stated that after studying Mr. Garcia's plan, he felt the plan
addressed the drainage and parking concerns that the residents had raised. Mr. Garcia agreed,
saying that he felt his plan provided the best and probably the only use for the subject property.
In response to Mr Noyola's question. Mr. Garcia said the subject property was too narrow (150
feet) for a single-family development. He felt the proposed development would actually benefit
the neighborhood rather than detract from it.
Mr. Noyola commented that of the 58 notices mailed out, 28 notices were returned in
opposition to the development. He was surprised that the residents didn't try harder to schedule
a meeting He asked if any efforts were made to meet after the Planning Commission public
hearing. Mr. Garcia replied that he had made himself available.
Minutes — Regular Counci Meeting
July 25 2006 -- Page 11
Mr Kinnison asked how the proposed screening fence would fit in with the existing
residential fences, Mr. Garcia replied that he proposed taking down the existing residential
fences and erecting a new, six-foot screening fence over the entire length of the property. He
said the fence would have either brick or stucco columns in between the fence. In addition, he
said he would place a landscape strip on the development's side. He said the fence
maintenance would then become the development's responsibility.
n response to Mr Kinnison's question, Mr Garcia stated that only the middle units
would be two-story; the outside units would be one-story. He said the units would be 1580 to
1784 square -feet, and run. $90 to $100 a square foot. He emphasized that units would be
quality. high-end units that would benefit the entire area.
Mr Chesney stated that he was disappointed that the Mr. Garcia didn't make more of an
effort to meet with the neighbors, especially since there was strong opposition to the project. He
said Mr Garcia might have avoided the controversy if he had tried to find a compromise. Mr.
Garcia reiterated that he had made himself available to the residents. Mr. Chesney replied that
the burden was on the developer to make an effort to arrange a meeting; he also said staff
could have advised Mr Garcia on how to arrange a meeting. Mr. Chesney stated that he would
like to table the item to allow the residents and the developer time to meet.
Discussion ensued between Mr Noyola and Mr. Chesney regarding Mr. Garcia's efforts
to meet with the residents. Mr. Chesney stated that Mr. Garcia could have met with the
approximately 40 residents who attended the Planning Commission meeting. While he agreed
that the proposed development was probably the best use for the subject property, Mr. Chesney
said his criticism was that there were no efforts by staff or the developer to reach a compromise.
Mr Scott stated tnat in his seven years serving on the Council, the developer was
always blamed when there was a failure to communicate, despite their efforts. He said he didn't
understand why Mr Gunning was to blame for not arranging a meeting, because the Planning
Commission had voted unanimously :.n favor of the development. He commented that
hypothetically if a single-family development were constructed on the subject property, the
requisite zoning would aiow the development to be five to fifteen feet from the Windsong
residences' fence line He said the proposed development would be 56.5 feet from the
residence property lines, ensuring more privacy for the neighbors. Mr. Scott agreed that the
proposed development was probably the best development solution for the area.
Mr. Marez stated that while he liked the proposed development because it was a good fit
for the property, he nevertheless expressed concern that the developer did not speak to the
residents. in light o{ the strong opposition to the zoning change, he said the developer should
have made an effort to include the residents in the process. He said if Mr. Chesney still wished
to table the item, he would support him Mr. Garcia replied that if the Council were to table the
item, he would abide by their wishes however. he said the development had time constraints
and financing schedules to consider.
Mr Chesney made a motion to table the item until the next regularly scheduled Council
meeting (August 22 =, with direction to staff to schedule a meeting between the developer and
the residents in the evening; seconded by Ms. Cooper: and passed (Kelly and Kinnison voting
25. TABLED UNTIL AUGUST 22, 2006
Minutes Regular Council Meeting
July 25 2006 — Page 12
upon application by Crows Road Builders, by changing
the zoning map in reference to Sunshine Acres, a portion of Block 11, Lot 13, from "F R"
Farm Rural District to "R 2" Multiple Dwelling District with a "PUD 2" Planned Unit
Development 2 Overlay, subject to a site plan and five conditions; amending the
Plan; providing a penalty
Mayor Garrett referred to Item 26, and a motion was made, seconded, and passed to
open the public hearing cn the following zoning case:
Case No. 0606-07, Roy D. Bennett: A change of zoning from a "R-1B/SP" One -family
Dwelling District with a Special Permit to a "B-1" Neighborhood Business District, Guth
Parkside Annex, Trot 4A, Block 1 located along Rand Morgan Road and approximately
4'0 feet south of Jp River Road
City Secretary Cnapa stated that the Planning Commission and staff recommended
denial of the "B-" Neighborhood Business District, and in lieu thereof, approval of a "B-1"
Neighborhood Business District on the front portion of the property and "B -1A" Neighborhood
Business District or the rear portion of the property, per the metes and bounds description.
No one spoke in opposition to the zoning case. Ms. Cooper made a motion to close the
public hearing, seconded by Mr. Garcia and passed.
Mr. Kelly asked if the city was promoting speculative zoning in this case. Acting
Assistant Director of Development Services Faryce Goode -Macon replied that the applicant had
not submitted a site plan for the subject property at this time. She noted that the applicant
operated a trampoline repair shop on the property through a Special Permit since 1994, but the
current zoning did not allow for commercial use. She said Mr. Bennett's rationale was that if he
did not attract the businesses that he was marketing to, then he would at least have the correct
zoning for his existing business. Mr. Gunning added that the zoning request gave the city the
opportunity tc put a "B-14" district in place to protect the residential neighborhood, which may
be difficult to obtain in the future
Mr. Kelly asked the applicant to come forward. Mr Roy Bennett, the applicant,
explained that he currently had a contract to sell the subject property to an ambulance service
company Mr. Kelly asked what type of zoning would be required for an ambulance service
business Mr. Gunning replied that this type of business could probably go into a "B-1" district,
depending on how extensive their fleet was and the type of vehicle storage. He said staff would
have to work with the potential buyer to determine the appropriate zoning. Mr. Kelly replied that
out of deference to the applicant if the zoning he was requesting wasn't going to work for his
buyer. then perhaps the process needed to slow down. Mr. Gunning stated that staff could
postpone the item for two weeks to allow staff to speak with the prospective buyer. Mr. Kelly
said he was ready tc vote now unless the applicant wished to delay the vote. Mr. Bennett
replies that he was ready to proceed City Secretary Chapa polled the Council for their votes as
follows
26. ORDINANCE NO 026896
Minutes — Regular Council Meeting
July 25. 2006 — Page 13
Amending the Zoning Ordinance, upon application by Roy D. Bennett, by changing the
zoning map in reference to Guth Parkside Annex, Lot 4A, Block 1, from "R-1 B/SP" One -
family Dwelling District with a Special Permit to "B-1" Neighborhood Business District in
the front portion jf the property facing Rand Morgan Road and "B -1A" Neighborhood
Business District n the rear portion of the property; 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 tc Item 27, a presentation on the Automated Meter Reading
(AMR) initiative — Year 1 expansion update. Assistant City Manager Oscar Martinez stated that
the presentation related to Item 28 on the regular agenda. which authorized a number of AMR
contracts He introduced Mr Mike Barrera, procurement and general services manager, who
would be making the presentatior
Mr. Barrera briefly described the city's vision for implementing the AMR system. He then
provided a project update for Year 1 as of July 21, 2006. He said the total AMR converted
meters at the end of Year 1 were 17,390 (water meters — 8,919; gas meters — 8,471).
Mr. Barrera reviewed a chart illustrating the anticipated AMR meter conversions over all
the expansion years. He said between Years 2, 3, 4, and 5, staff anticipated an additional
32,000 meters to be converted per year. At the end of Year 5, staff estimated that 147,554
meters would be converted in total (water and gas meters).
Mr. Barrera discussed a slide providing a cost comparison between manual and AMR
meter reading methods. He noted that after AMR implementation, the billing on both water and
gas accounts increased by 12 percent, while consumption increased by 11 percent for water
and seven percent for gas. Mr. Kinnison noted that the cost savings could be attributable to
other factors besides AMR, such as increased usage due to the weather. He also stated that
the recent rate increases could have led to the increases.
Mr. Barrera covered a slide depicting the project budget review. Mr. Barrera stated that
the adopted FY 2005 CIP budget was $28,056,638 for Years 1 through 5. He said the proposed
restated CIP budget was $26,709,883, Including infrastructure and meter replacement for Years
1 through 5. He said the restated CIP budget amounted to a reduction of $1,346,755 over five
years; thus, staff would be presenting a CIP budget next FY with the programmed reduction.
Mr. Barrera briefly discussed the city's return on investment, based on a 20 -year cycle.
He said the realigned project costs were $26,709,883; the AMR anticipated savings and cost
avoidance was estimated at $1.633,361 Thus, he said the AMR breakeven point would be
realized on Year 14 of the 20 -year cycle
In conclusion, Mr. Barrera said staff's recommendation was that the Council approve the
contracts in Rem 28.a and 28.b. with Northrop Grumman Commercial Information Systems and
RAM Technologies. Inc. respectively for AMR project expansion in Years 2 through 5.
Ms, Cooper and Mr. Marez spoke in support of the AMRNViFi project, saying the city
was receiving positive media coverage regarding the project
Minutes - Regular Counci' Meeting
July 25. 2006 Page 14
Mr Kinnison asked about the projected lifespan of the equipment. Mr. Barrera replied
that the actual meters had a normal lifespan of 10 years. Mr. Christopher Minton, vice-president
of RAM Technologies, added that the MTU, the unit that sat on the meter and transmitted the
signal, had a 20 -year lifespan, according to the vendor. In response to Mr. Kinnison's question,
Mr. Minton said the city would begin replacing meters according to their current replacement
program beginning in Year 12. Mr. Kinnison asked if the project costs included meter
replacement beginning in 'Year '3 or 14. Mr. Barrera replied negatively. Mr. Barrera asked how
much of the proposed $26.7 million CIP budget would be spent on replacement costs. Mr.
Minton replied they identified costs of S2.5 million for replacement costs in Year 16-20, or
$650,000 per year beginning in Year 16. Finally, Mr. Kinnison asked if there were any concerns
about technology changes during this time period that would render the equipment obsolete.
Mr. Minton replied that the city had an in -force maintenance agreement with the vendor that
they will support the technology during the time period.
Mayor Garrett opened discussion on Item 28 regarding contracts to expand the AMR
Project for Years 2 througn 5. There were no comments from the public. City Secretary Chapa
polled the Council for their votes as follows:
28.a. MOTION NO. 2006-239
Motion approving the Expansion Phase years 2 through 5 of the Automated Meter
Reading project, ncluding infrastructure rehabilitation, with Northrop Grumman, of
Herndon, Virginia, n the amount of $14,948,639. Funding has been programmed in the
adopted FY2005 Capital Budget and will be included in the FY2007 Capital Budget.
The foregoing mction was passed and approved with the following vote: Garrett,
Chesney, Cooper, Garcia, Kelly Marez, Noyola, and Scott, voting "Aye"; Kinnison voting
No -
28.b. MOTION NO. 2006-240
Motion approving a consulting contract with RAM Technologies, Inc., of Fort
Washington, Pennsylvania for contract management and technical assistance necessary
for implementation of Expansion Phase Years 2 through 5 of the citywide Automated
Meter Reading project, including rehabilitation, in the amount of $1,280,562. Funding
`las been programmed in the adopted FY2005 Capital Budget and will be included in the
TY2007 Capital Budget
The foregoing motion was passed and approved with the following vote: Garrett,
Chesney, Cooper, Garcia, Kelly. Marez, Noyola, and Scott, voting "Aye"; Kinnison voting
.Nc-
Mayor Garrett opened discussion on Item 29 regarding the FY 2006-07 CC Digital
Community Development Corporation budget (CCDCDC). City Manager Noe explained that the
city was contracting with the CCDCDC to provide a number of connectivity services for
AMV/WiFi He said the corporation's budget was included in the city's budget. He said at this
point, staff had taken the approach of only including the city's revenues until other contracts are
n place
Minutes — Regular Council Meeting
July 25 2006 — Page 15
Mayor Garrett asked for public comment. Mr. John Howell, 6617 Parkland Drive, spoke
in support of the WiFi project, and encouraged the Council to continue their support.
Mr. Kinnison stated that entire Council supported the WiFi project. His concern,
however, was the lack of a business plan and the lack of a business partner. He asked for an
update on the citys progress in finding a business partner. Director of Municipal Information
Services Ogilvie Gericke replied that the city was currently negotiating with a potential
contractor. He said the city had a preliminary term sheet with the company, but had not
negotiated specific terms such network design and ISP operation. He said unfortunately, the
company has beer reluctant to commit to a firm date regarding the final contract. He said that
he hoped the final agreement would be negotiated within the next three or four weeks. City
Manager Noe added that it was no secret that the company in question was Earthlink.
Mr. Kinnison asked staff to provide a briefing on the status of the negotiations. He asked
if the WiFi business plan nad been updated since it was last brought to the Council. Mr. Gericke
replied affirmativey Mr Kinnison asked staff to provide an update on the business plan as
well. City Manager Noe added that staff could also provide an update on the outside
consultant's evaluation of the WiFi business plan
Mr. Kinnison asked that of the $2 5 million in revenues, how much came from the utilities
fund. Assistant City Manager Oscar Martinez replied that most of the costs were allocated
across all departments that could potentially benefit from the WiFi program. He estimated that
approximately $1.3 million of the $2 5 million came from the utility funds. Mr. Kinnison asked
Mr. Martinez to study the matter and then provide a more definite amount.
Mr. Kinnison asked who would ultimately be charged with maintaining the system. Mr.
Gericke stated that ideally, the maintenance would be performed jointly by the network provider
and the city. The network provider would maintain the system and the city would provide the
ground maintenance. Mr Kinnison asked if he was experiencing a problem with the network at
9:30 p m , who would provide assistance. Mr. Gericke replied that he would call his Internet
service provider, who would in turn call the network provider. The network provider would
attempt to fix the problem remotely. If they were unsuccessful, then the network provider would
generate a work order with city personnel
Mr. Kinnison asked for a breakdown on the Professional Services expense category.
Mr. Martinez replied that the city had captured appropriations currently in the MIS fund and
transferred them to the corporation. Of the approximately $1.3 million in the category, he said a
large portion was comprised of salaries, benefits, and overtime costs. He said the
approximately eight staff members were city employees who were essentially being contracted
out for professional services.
Mr Kinnison asked how much was budgeted for non -city, outside consultants. Mr.
Gericke replied that $190,000 was budgeted for outside consultants, $160,000 of which was
comprised of the Project Manager's salary and the network services contract.
Mr. Kinnison asked if the city planned to take over city cellular phone services with the
WiFi system. Mr. Gencke answered that the city had the opportunity to acquire phones that can
switch between WiFi and cellular service because they would reduce the city's phone service
costs.
Mr. Kelly asked if the city knew how many individuals had relocated here specifically
because of the WiFi network. Mr Martinez replied that he did not have empirical information,
Minutes -- Regular Council Meeting
July 25, 2006 — Page 16
just anecdotal ,nformation. City Manager Noe added that the city had received a positive
response from various businesses looking for opportunities to introduce their software in this
environment. He said the city wished to speak with these companies about job creation
opportunities in the city He asked Mr. John Howell about how he learned about the city's
proposed WiFi network.
Ms. Cooper stated that the city had received a tremendous amount of positive publicity
regarding the WiFi project. She thanked Mr. Gericke and Mr. Leonard Scott with MIS for their
efforts City Secretary Chapa polled the Council for their votes as follows:
29. RESOLUTION NO. 026897
Resolution approving FY 2006-2007 Budget for CC Digital Community Development
Corporation ("CCDCDC").
The foregoing motion was passed and approved with the following vote: Garrett,
Chesney, Cooper Garcia. Kelly. Marez, Noyola, and Scott, voting "Aye"; Kinnison voting
`No"
Mayor Garrett called for a brief recess to present proclamations.
Mayor Garrett called for petitions from the audience. Mr. Johnny French, 4417 Carlton,
and Mr. Bill Kopecky. 3609 Topeka. spoke regarding the beach access charter amendments
and referendum election.
The following individuals spoke regarding the beach access charter amendments and
referendum election, and proposed a charter amendment changing the City Council election
date to November: Rene Saenz, 6022 Sweet Gum; Danny Noyola Jr., 4132 Kevin; Jesse
Molina. 4314 Leonard; and David Noyola.
Mr Ralph James, 3947 Sessions Road. spoke and distributed photos regarding
drainage problems in his area
Mr. Jack Gordy, 4118 Bray, spoke regarding the city's highway beautification ordinance
with respect to illegal signs.
Mr. John Kelley, 3621 Austin, spoke regarding Councilmembers Garcia and Scott's
alleged conflict of interest regarding the beach closure issue because they owned property on
the island. City Attorney Fischer replied that she had looked into the matter and found no
conflict of interest.
Mr. Chesney said he would consider moving the City Council elections to November
rather than April as suggested by a number of citizens during public comment. He emphasized
the importance of placing the beach access issue on the ballot as soon as possible.
it response to Mr. Noyoia's question, City Secretary Chapa said that if the Council
placed a charter amendment on the November 2006 ballot, then the city would have to wait until
Minutes - Regular Council Meeting
July 25. 2006 -- Page 17
the next uniform election date before holding another charter amendment election, which would
be in April 2009.
Mr John Adams, .307 Katherine spoke regarding the city's lack of participation in the
Texas Genera; Land Office (GLO ) Beach Watch program. City Manager Noe replied that he
provide the Council with a written response regarding the issue.
Mr Leonard James Medina, 4609 Brookdale, stated that in 2005, SMG discriminated
against him and Centerplate management sexually harassed him
Mayor Garrett opened discussion on Item 33 regarding the State School Property Master
Plan. Nueces County Commissioner Betty Jean Longoria spoke in favor of the State School
project, and provided a brief history on the project. Councilmember Noyola thanked
Commissioner Longoria for her efforts.
Mayor Garrett stated that the Council would return to the discussion on this item after the
executive sessions
Mayor Garrett announced the executive sessions, which were listed on the agenda as
follows
40. Executive session under Texas Government Code Section 551.071 to receive legal
advice regarding acquisition of real property for new Broadway Wastewater Treatment
Plant, with possible discussion and action related thereto in open session.
41. Executive session under Texas Government Code Section 551.074 for deliberations
regarding the evaluation of the City Secretary. with possible discussion and action
related thereto In open session
The Council went nto executive session The Council returned from executive session
and the following motions were passed with the following vote:
40. MOTION NO. 2006-245
Motion authorizing the City Manager to execute an amendment to the legal services
agreement with Michael Nasi of Lloyd Gosselink Blevins Rochelle & Townsend P.C. with
Geomatrix as Sub -contractor for entry of proposed (Broadway) Northside Wastewater
Treatment Plant it the TCEQ's Voluntary Clean-up Program, subject to certification of
funds.
The foregoing motion was passed and approved with the following vote: Garrett,
Chesney Cooper, Garcia, Kinnison, and Marez, voting "Aye"; Noyola voting "No"; Scott
and Kelly were absent.
Minutes - Regular Council Meeting
July 25. 2006 — Page 18
41. MOTION NO. 2006-246
Motion authorizing a 5% salary increase for the City Secretary and payment of 12
additional days of accrued vacation and 13 additional days of accrued sick leave at time
employment ends with the City based on his total annualized compensation at that time.
The foregoing motion was passed and approved with the following vote: Garrett,
Chesney, Cooper Garcia, Kelly Kinnison, Marez, Noyola, and Scott, voting "Aye".
Mayor Garrett re -opened discussion on Item 33, the State School Master Plan. Director
of Parks and Recreatior Sally Gavlik provided a brief history on the State School Park and
Sports Complex. She said the Council approved the State School Master Plan in June 2005. In
July 2005, she said staff submitted Phase I of the plan to the Texas Parks and Wildlife Outdoor
Recreation Program, using Bond 2004 funds as a grant match. She said in January 2006, staff
was informed that the Phase proposal was rejected by the Texas Parks and Wildlife
Commission, citing several areas of deficiency. First, she said the commission said the
proposed site could not oe considered a non -city property due to the way the land had been
purchased. Second. she said they recommended that the city diversify the types of amenities
offered in the plan
Ms. Gavlik reported that staff planned to resubmit the proposal to the Texas Parks and
Wildlife Commission this month, with the Council's concurrence. She noted that Nueces County
would be providing a portion of the funding. She said the resubmission addressed the
commission's concerns by including a provision for approximately two acres of land from the
neighboring Corpus Christi State School for a 'Miracle Field", which would be funded through
donations from local Rotary Clubs In addition. she said the plan incorporated Councilmember
Noyola's suggestion to change a number of the soccer fields to football fields, increasing the
number of amenities.
Ms. Gavlik introduced Mr. Bruce Boswell with the Corpus Christi State School, one of the
city's partners in the project. Mr Boswell said the State School was excited to be part of this
collaborative effort, along with the city Nueces County, and local Rotary Clubs. He said the
project would greatly enhance and increase the recreational opportunities for people with
disabilities in the community.
Ms. Gavlik introduced Mr. Bryan Devaney with the Rotary Club. Mr. Devaney described
the plans for the Miracle Field, which would be accessible to both children and adults with
disabilities. He said he approached the city about a month ago with the concept. He said the
Rotary Clubs planned to raise approximately $200,000 for the field, which would provide for the
following amenities: rubberized turf lighting, dugouts, bleachers with concrete pads,
windscreen, equipment, and fenc ng.
Mr. Kelly asked if there were any plans to add softball fields. Ms. Gavlik replied
negatively, not on the sobject property because the plan needed to include new amenities,
which were not currently available in the area, to be considered for the grant. She also said
there was currently no funding to add softball fields. Mr. Kelly asked if the additional softball
fields could be considered during Phase III of the project. Ms. Gavlik replied affirmatively.
Mr. Noyola thanked staff ¢or their efforts. He also thanked them for adding the soccer
and football fields He offered his assistance as well in making this happen for the community.
Minutes — Regular Counci, Meeting
July 25. 2006 --- Page 19
n response to Mr. Marez's question, Ms. Gavlik replied that a small modular skate park
was included in the plan. She said the original master plan called for small modular skate parks
around the city, and one large central skate park being sponsored by the Junior League. Mr.
Marez spoke in support of the plan
Mr Garcia spoke in support of the project, and congratulated Parks and Recreation staff
for their efforts He said he was anxiously waiting to see if the project would receive funding.
Mayor Garrett called for public comment. Mr. David Noyola spoke in favor of more city
control over naming rights for little league fields and facilities. Mr. Billy Delgado with Parks and
Recreation replied that the leagues were leasing the fields from the city; this was the extent of
the city's involvement. He said the leagues used sponsorships to raise funds, and the city had
no control over the naming process. City Manager Noe added that the city had a process for
naming fields it owned anc operated, but it did not control the process for leased fields.
Mr Andrew DuArte, 1203 Van Loan Avenue, thanked the city for including football fields
n the plan saying they were badly needed in that area, City Secretary Chapa polled the
Council for their votes as follows:
33. RESOLUTION NO 026898
Resolution authorizing the City Manager or his designee to submit a grant application to
the Texas Parks and Wildlife Department in the amount of $400,000 for planning,
developing and implementing the State School Property Master Plan, with a City Match
of $400,000 from the Bond 2004 Fund, and a total project cost of $800,000.
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 30 regarding the adoption date of the ad
valorem tax rate. Director of Financial Services Cindy O'Brien stated that staff was
recommending that the proposed ad valorem tax rate of $0.607406 per $100 valuation be
officially adopted on September 12. in addition, she said staff proposed scheduling two public
hearings for the tax rate on August 22 and August 29. She explained that the State Property
Tax Code required that two public hearings be held when a taxing unit proposed imposing a tax
rate that exceeded the lower of the effective tax rate or the rollback rate. She noted, however,
that until the city received the Certified Appraisal Roll. the actual effective tax rate could not be
calculated She said once the caicuiations were completed, if staff determined that the
proposed tax rate did not exceed the lower of the effective tax rate or the rollback rate, the
public hearings would not oe necessary
Assistant City Manager Oscar Martinez added that although the city had still not
received the Certified Appraisal Roll, staff had studied preliminary data and estimated that the
growth rate would be approximately 8.8 percent. Consequently, he said the increase in
appraised values would provide the opportunity to maintain the effective tax rate on the
maintenance and operation side of the budget and possibly reduce the tax rate. He said
therefore, that while staff was presenting a tax rate of $.408231, the rate may actually decrease
by another five to six tenths of a cent. He said staff would keep the Council informed as more
information was available. He cautionec, however, that as the effective tax rate decreased, the
city's ability to earn revenue off the growth was also reduced.
Minutes — Regular Council Meeting
July 25, 2006 - Page 20
Mayor Garrett asked if the Council would consider holding one of the ad valorem tax rate
public hearings in the evening. City Manager Noe replied that staff had set the hearings to
begin at 10:00 a.rr to coincide with the Council meetings, but the Council could change the
time if they preferred. Mr Noyola spoke in favor of the holding a public hearing in the evening.
On second thought, Mayo Garrett rescinded his request, but asked staff to be sure to publicize
the hearings well. Ms. O'Brien replied that publications would be sent to the Caller -Times and
the city would publicize the hearings on the city's website as well as the public access channel.
Mayor Garrett asked for public comment. Mr. J.E. O'Brien, 4130 Pompano, spoke
regarding his concern that the city actually planned to raise taxes since they were planning to
hold public hearings per The State Property Tax Code, which called for hearings when taxes
were increased over three percent. Ms. O'Brien replied that the State code abolished the three
percent threshold last year replacing t with the effective tax rate or rollback rate, whichever was
ower.
Mr Kinnison stated that only a few years ago, the city was concerned about how close it
was to reaching the rate cap. He asked staff to calculate how close the city was to the rate now;
ne believed there was at least a 12 -cent spread.
Mr Scott asked for a copy of a map indicating the property valuations for the different
areas in town. He said h s sense was that certain areas of town, like the island, were seeing
double digit increases it valuations annually, while other parts were seeing single digit
increases. Mr. Martinez said staff would provide a map. City Secretary Chapa polled the
Council for their votes as follows:
30.a. MOTION NO. 2006-241
Motion setting September 12, 2006 as the date for the adoption of the ad valorem tax
rate of $0.607406 per $100 valuation.
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
30.b. MOTION NO. 2006-242
Motion setting a public hearing on the ad valorem tax rate for August 22, 2006 and a
second public hearing for August 29, 2006, during the regular City Council meeting
beginning at 10.00 a.m at City Hall, 1201 Leopard Street, Corpus Christi, Texas.
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 31 regarding an amendment to the
Convention and Visitors Bureau (CVB) contract adding a non-voting representative from the
Corpus Christi Airport. City Secretary Chapa pointed out that the Council had the option to
appoint a representative Today. Mayor Garrett asked that staff schedule the appointment on
August 22 City Secretary Chapa polled the Council for their votes as follows:
Minutes - Regular Council Meeting
July 25 2006 - Page 21
31. MOTION 2006-243
Motion authorizing an amendment to the Consulting Services Agreement with the
Corpus Christi Convention and Visitors' Bureau approved on July 11, 2006, by
appointing a non-voting member to represent the Corpus Christi International Airport.
The foregoing motion was passed and approved with the following vote: Garrett,
Chesney, Cooper. Garcia, Kelly. Kinnison, Marez, Noyola, and Scott, voting "Aye".
Mayor Garrett opened discussion on Item 32 regarding an amendment to a contract for
the Greenwood Wastewater Treatment Plant 4 MGD Expansion. City Engineer Angel Escobar
explained that the contract would allow the project to enter the design phase. He said the
project would allow the plant to increase its capacity from 8 MGD to 12 MGD. He said the
increased capacity would meet that area's needs until 2025. He said the expansion would take
place on the southern part of the city -owned land adjacent to the plant. He noted that the
project also included a peak flow storage basin and effluent pump station that would improve
wastewater delivery to the Gabe Lozano Golf Course. He said the project would begin
construction in Juiy 2007 and completed in mid -summer to early fall 2008. He said the final
capacity of the plant would be 12 MGD with a peak of 48. There were no comments from the
audience City Secretary Chapa polled the Council for their votes as follows:
32. MOTION NO. 2006-244
Motion authorizing the City Manager or his designee to execute Amendment No. 1 to the
Contract for Professional Services with Alan Plummer Associates, Inc., of Fort Worth,
Texas in the amount of $2,055,941.87 for a total re -stated fee of $2,365,941.87, for
Greenwood Wastewater Treatment Plant 4 MGD Expansion (8 MGD to 12 MGD).
The foregoing motion was passed and approved with the following vote: Garrett,
Chesney, Cooper_ Garcia, Kelly. Kinnison, Marez, Noyola, and Scott, voting "Aye".
Mayor Garrett opened discussion on Item 34 regarding the Airport International Business
Centre City Secretary Chapa announced that Mr. Noyola would be abstaining from the vote
and discussion regarding this item. Director of Aviation Dave Hamrick stated that the subject
property was comprised of approximately 56 acres of land, bounded by State Hwy. 44 West of
International Drive. north Glasson, and east of Pinson Road. He stated that the EDC referred
the Scannell Development Corporation as an interested party in developing the acreage. He
said the company had developer over a quarter billion dollars worth of property in 23 states,
and had a good reputation. He displayed photos of a number of their current projects in
Chicago and Virginia.
Mr Hamrick stated that staff negotiated a real estate option agreement for a 33 -month
period with a 40 -year ground lease, comprised of a short- and a long-term lease. He said the
agreement included an increase n the rental rate of 7.5 percent every five years. To ensure
that the city was entering into a favorable arrangement, he said staff consulted with a local real
estate professional as well as a local real estate attorney. He said the city had the potential to
earn over $365,000 a year on the proposed lease. He reported that Scannell Properties already
had three companies expressing interest in building on the property. There were no comments
from the audience. City Secretary Chapa polled the Council for their votes as follows:
Minutes - Regular Counci Meeting
July 25. 2006 Page 22
34. FIRST READING ORDINANCE
Authorizing the City Manager to execute a Real Estate Option Agreement with Scannell
Development Company or its subsidiary in consideration of $1.00 option fee for the first
option period of nine (9) months, $20,000 for next successive twelve (12) months and
$20,000 for next successive twelve (12) month period, to lease all or part of
approximately 56 acres of land in Phase 1 of the Corpus Christi International Airport
Business Centre State Highway 44 west of International Drive north of Glasson and
east of Pinson Road) at annual rate of twenty-five cents per square foot for property
which fronts International Drive and annual rate of fifteen cents per square foot for all
other property, to De increased every five years by 7.5% for a term of forty years with
wo successive five year options to renew
The foregoing ordinance was passed and approved on its first reading with the following
)ote: Garrett. Chesney. Cooper. Garcia, Kelly, Kinnison, Marez, and Scott, voting "Aye";
Noyola abstained.
Mayor Garrett opened discussion on Item 35 regarding the addition of an Industrialized
Housing provision ,n the city code. Acting Director of Development Services Michael Gunning
replied that the city currently did not have any regulations regarding the location of industrialized
housing, or modular -type housing, in the community. He said the ordinance adopted
regulations regarding construction and installation of industrialized housing as follows: have
equal or greater value than the median taxable value for each single-family dwelling located
within 500 feet of the lot; have an exterior appearance compatible with the single-family
residences within 500 fee: of the tot; comply with municipal building setbacks; and be securely
fixed to a permanent foundation
Mr Gunning stated that staff met with local representatives of the industrialized housing
industry' on June 30, 2006, to discuss the ordinance. He said the ordinance was modified to
address their concerns. and a revised draft was sent to the representatives for review. He said
staff received no further comments. There were no comments from the audience.
Mr Kelly pointed out that there appeared to be a loophole in the proposed ordinance.
He said the ordinance stated that there would not be a distinction between whether the housing
or buildings were manufactured or constructed on site in an existing subdivision. Mr. Alonzo
Garza, building official, replied that the paragraph in question was taken verbatim from the State
bill's language City Manager Noe replied that staff would look into the matter and address it in
the second reading of the ordinance City Secretary Chapa polled the Council for their votes as
follows
35. FIRST READING ORDINANCE
Amending Chapter 14 "Development Services" to include Article XII "Industrialized
Housing" to provide for regulation of the construction and installation of industrialized
housing and buildings within the City; providing a penalty clause; providing a severability
clause; providing a repealer clause; and providing for an effective date.
The foregoing ordinance was passed and approved on its first reading with the following
vote: Garrett, Chesney. Cooper. Garcia, Kelly, Kinnison, Marez, Noyola, and Scott,
voting "Aye"
Mayor Garrett opened discussion on Item 36 regarding restrictions on large semi -truck
Minutes - Regular Counci Meeting
July 25 2006 - Page 23
parking in the Packery Channel parking lots. City Engineer Angel Escobar reported that the
proposed ordinance would prohibit and enforce the parking of large commercial vehicles in the
Packery Channel North Shore and the future South parking lots. City Secretary Chapa
announced that Mr Kelly',would be abstaining from the vote and discussion regarding this item.
There were no comments from the public. City Secretary Chapa polled the Council for their
votes as follows:
36. FIRST READING ORDINANCE
Amending the Code of Ordinances, City of Corpus Christi, Chapter 53 (Traffic) by adding
Section 53-177. (Certain vehicles prohibited from entering and parking in certain
Packery Channel area parking lots); renumbering Sections 53-259 through 53-266
;under Article IX, Vision and Passage Obstructions) as Sections 53-260 through 53-267;
amending Article VIII (Schedules) by adding a new Section 53-259 (Packery Channel
Parking Lots Rest ctions); providing for penalties.
The foregoing ordinance was passed and approved on its first reading with the following
ote; Garrett, Chesney, Cooper. Garcia, Kinnison, Marez, Noyola, and Scott, voting
'Ave"; Kelly abstained
Mayor Garrett opened discussion on Item 37, the second reading of the Compensation
and Classification ordinance. There were no comments from the public. City Secretary Chapa
polled the Council for their votes as follows:
37. ORDINANCE NO. 026899
Amending the Code of Ordinances by revising Section 39-300 Policy; revising Section
39-303 Standard Classifications, Pay Plans, Pay Grades, and Ranges, as amended;
revising Section 39-308 Temporary Employees; revising Section 39-312 Retirees
Participation in the City's Group Health Insurance Program at Group Rates; revising
Section 39-318 Discretionary Payment for Involuntary Termination; revising Section 39-
324 Holidays; revising Section 39-333 Plan I Personal Leave; revising Section 39-334
Plan I Bereavement Leave; revising Section 39-337 Plan I Use of Sick Leave; revising
Section 39-338 Plan I Use of Personal Leave and Vacation in lieu of Sick Leave; revising
Section 39-339 Plan 1 Payment of Sick Leave Upon Termination; revising Section 39-
348 Plan II Payment of Vacation Leave Upon Termination; revising Section 39-349 Plan
i Personal Leave for Plan II Employees, revising Section 39-352 Plan II Use of Sick
Leave. revising Section 39-353 Plan II Use of Personal Leave and Vacation in lieu of
Sick Leave revising Section 39-355 Plan II Payment of Sick Leave Upon Termination;
revising Section 39-360 Leaves with Pay Deemed Beneficial to City Operations;
,epealing ail other ordinances and rules, or parts of ordinances and rules, in conflict with
this ordinance; providing for an effective date and providing for severance.
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"
Mayor Garrett opened discussion on Item 38, the second reading of the proposed
fee/rate increases included in the FY 2006-2007 budget. Mayor Garrett called for public
comment. Mr. J E O'Brien, 4130 Pompano, spoke against the proposed utility rate increases in
the budget. Mr. Kinnison pointed out that the utility rate increases were distorted by the
increase in the cost of gas
Minutes - Regular Council Meeting
July 25. 2006 — Page 24
City Secretary Chapa announced that Mr. Noyola was abstaining from the vote and
discussion on Items 38.f and 38.q He polled the Council for their votes as follows:
38.a. ORDINANCE NO 026900
Amending the Code of Ordinances. City of Corpus Christi, Chapter 55, Utilities,
regarding water, gas and wastewater rates; providing for severance; providing for an
effective date: and providing for publication (First Reading 07/18/06)
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 `.
38.b. ORDINANCE NO 026901
Amending the Code of Ordinances, City of Corpus Christi, Chapter 21, Garbage, trash
and other refuse, regarding increases to resource recovery fees; providing for penalties;
providing for severance; providing an effective date; and providing for publication. (First
Reading 07-18/06
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 `.
38.c. ORDINANCE NO 026902
Revising Sections 23-57 (3)(b), 19-33(b), 19-49(a), 19-54(b), and 19-56, Code of
Ordinances, by increasing health department fees relating to pool inspections, food
establishment health permits, food manager permits, and food handler permits;
restructuring fee provisions related to specific food establishment health permits;
revising the training requirement and term of food handler permits; revising the term of
food manager permits: providing for severance; providing for penalties; providing for
publication and providing an effective date. (First Reading 07/18/06)
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
38.d. ORDINANCE NO 026903
Revising Section 3-42(b), Code of Ordinances, to increase fees for billboard signs;
providing for severance; providing for penalties; providing for publication and providing
an effective date. (First Reading 07/18/06)
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 Councr Meeting
July 25 2006 -- Page 25
38.e ORDINANCE NO. 026904
Amending the Code of Ordinances Chapter 3 4 Alarm Systems, by repealing the
existing Chapter and adopting a new Chapter 3 1/2 Alarm Systems providing for
severance; providing for penalties; and providing for publication. (First Reading
n7 18/06
The foregoing ordnance was passed and approved on its second reading with the
following vote: Garrett. Chesney. Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and
Scott, voting "Aye"
38.f ORDINANCE NO. 026905
Amending the Code of Ordinances, City of Corpus Christi, Chapter 9, Aviation, by
creating Sections 9-65 through 9-67 providing for rental uses and rates; rental and user
agreements: city owned equipment; providing an effective date; providing for severance;
and providing for publication. (First Reading 07/18/06)
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
38.g. ORDINANCE NO. 026906
Amending he Code of Ordinances, City of Corpus Christi, Chapter 9, Aviation, by
creating Section 9-64 providing for a federal inspection fee of $2.50 per international
flight passenger, assessed to the airline; providing for an effective date; providing for
severance; and providing for publication. (First Reading 07/18/06)
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 "Ave" Noyoia abstained
38.h. ORDINANCE NO. 026907
Amending the Code of Ordinances, City of Corpus Christi, Chapter 2, Administration,
creating a library collection fee of $10 to be assessed on any account of $25 or more
That is unpaid for 60 days or more, and is referred for collection to a private vendor;
providing for an effective date; providing for severance: and providing for publication.
First Reading 07/' 8/06 )
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"
Mayor Garret opened discussion on Item 39. the second reading of the FY 2006-2007
budget adoption ordinance. City Manager Noe noted that the budget may need to be adjusted
when the Certified Tax Rol was received
levels.
Mr Chesney thanked staff for their efforts to lower the tax rate while maintaining service
Minutes -- Regular Counc i Meeting
July 25 2006 - Page 26
Mr, Noyola asked if there was any way the city could provide additional funding to the
Instituto de Culturas Hispanicas. Assistant City Manager Martinez stated that the hotel/motel
tax rate may come in higher than estimated. If so, the Council could consider providing
additional funding. Mr Chesney pointed out that other organizations could also be considered
for additional funding, Tike the Art Center.
Mr Noyola asked about the status of the firefighter contract negotiations. City Manager
Noe said the city was in negotiation with the group about pensions and compensation issues in
a multi-year Oar.
Mr. Marez stated that he would like to see funding levels for the Sister City program
increased City Manager Noe said staff could look at funding the program with any additional
HOT funds. Assistant City Manager Martinez stated that it would make sense to move the
Sister City program from the Genera Fund to the HOT fund. Ms. Cooper also supported
increasing the Sister City orogram's funding.
Mayor Garrett called for public comment. Mr. J.E. O'Brien, 4130 Pompano, suggested
that the Council consider the budget adoption ordinance at a time certain. He also spoke
against shifting the Columbus Fleet debt to the taxpayers, and spoke in favor of an internal
auditor City Secretary Chapa polled the Council for their votes as follows:
39. ORDINANCE NO. 026908
Adopting the City of Corpus Christi Budget for the ensuring Fiscal Year beginning
August 1 2006; to be filed with the County Clerk; appropriating monies as provided in
the budget; and providing for severance.
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"
Mayor Garrett called for the City Manager's report. City Manager Noe reported that the
Health department had scheduled four additional Back to School immunization events
throughout the community on the following dates: Aug. 4 - Kostoryz Elementary School; Aug. 5
- Ben Garza Gym; Aug. - West Oso Elementary; and Aug. 26 - American Bank Center.
Mayor Garrett reported that the City Manager's Transmittal report indicated that there
was additional funding for Whitecap Boulevard improvements. City Manager Noe said staff
would report to Council as soon as the design was ready. He said the Hike and Bike Trail would
be considered separately from the street overlay work, Assistant City Manager Ron Massey
stated that the sidewalk contract would be ready for bid in 90 days and 18 months for the street
overlay project
En response to Mayor Garrett's question, City Manager Noe replied that a number of
focus groups would be organized to discuss the UDC. He said anyone interested in
participating could send rim an e-mail, or e-mail Acting Director of Development Services
Michael Gunning.
Minutes - Reguiar Council Meeting
July 25 2006 - Page 27
Mayor Garrett called for Council concerns and reports. Mr. Noyola reported that a
Crestmont neighborhood meeting was scheduled at the Firefighter Union Hall to discuss graffiti
problems Police Chief Bryan Smith reported that the Police was working with the CCISD Police
department to help identify the tagging crews and track them. He said if the city was able to
document the offenses, then they could build a case for a felony offense, which would require
probation and arrest if future offenses were committed. He said the Police department was also
looking at the latest technology to clean up graffiti. Mr. Noyola also announced that the National
Night Out event would be taking place or August
Ms. Cooper invited the Council to attend a meeting of the NLC's International Task
Force on Thursday from 9 a.m. to 4 p.m, and on Friday from 8 a.m. to 12 p.m. She thanked
staff for attending last night's town hall meeting in Flour Bluff, which was well attended. She
announced that the next town hall meeting would be held on August 21 at Grant Middle School,
led by Councilmember Kinnison. Finally, Ms. Cooper asked the city to support an Inclusive
Community resolution being sponsored by NLC, targeted at promoting ethnic diversity and
citizen participation She said she had provided the City Manager and City Attorney with
nformation or the resolution, and asked the Council to consider placing the item on the agenda
soon.
Mr Scott asked City Manager Noe to provide information on the Whitecap Boulevard
improvements to the Padre Island Property Owners Association. Mr. Noe replied that Assistant
City Manager Ror Massey would be attending their board meeting tonight and could inform
them. Mr Scott also asked staff to provide an update on the landscaping portion of the Packery
Channel parking lot project.
Mr Scott also asked about the possibility of creating a park with access to the Laguna
Madre, possibly or Whiteley Drive. City Manager Noe said staff could look at the feasibility of
this and other options for a park or public access point,
Mr Scott reported that a soccer league and a baseball leagues in Flour Bluff operated
on federai property. He asked whether the city could provide some level of financial support to
the parks, despite the fact that it was not city -owned land.
Mr. Marez thanked the Council for approving Item 7 on the agenda, which allowed him to
donate his Council salary to a number of non-profit organizations. He thanked the City
Secretary and the Legal department for researching the matter. In addition, he provided the
City Manager with information regarding a resident concerned with junk cars and trash on
Soedad Street.
In response to Mayor's Garrett's question, City Manager Noe said staff was looking at
options for repairing the impound lot.
Mr Garcia thanked staff for attending the town hall meeting in Flour Bluff. He said he
spoke with two gentlemen about funding for the Laguna Little League and Little Miss Kickball
programs He said one of the gentlemen was going to speak with Ms. Gavlik about his
concerns. Regarding the UDC, he said the city needed to review the outstanding issues in the
proposed draft. In response to Mr. Garcia's concern about the sign ordinance, Mr. Noe said
staff had received his e-mail and was working on a response.
There being no further business to come before the Council, Mayor Garrett adjourned
the Council meeting at 3:07 p.m. on July 25, 2006.