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HomeMy WebLinkAboutMinutes City Council - 08/29/2006I HEREBY CERTIFY than the foregoing is a true and correct copy of the minutes of the Regular Meting of the Corpus Ch- isti City Council of August 29. 2006, which were approved by the City Council on September 12_ 2006. WITNESSETH MI HAND ANI) SEAL, on this the 12th day of September, 2006. Armando Chapa City Secretary SEAL PRESENT Mayor Henry Garrett Mayor Pro Tem Jesse Novola Council Members: Brent Chesney Melody Cooper Jerry Garcia Bill Kelly Rex Kinnison John Marez Mark Scott MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting August 29, 2006 - 10:00 a.m. City Staff: City Manager George K. Noe City Attorney Mary Kay Fischer City Secretary Armando Chapa Mayor Garrett called the meeting to order in the Council Chambers of City Hall. The invocation was delivered by Reverend David Stringer of All Saints' Episcopal Church and the Pledge of Allegiance to the United States flag was led by Council Member Kelly. Mayor Garrett called for approval of the minutes of the regular Council meeting of August 22, 2006. A motion was made and passed to approve the minutes as presented. Mayor Garrett referred to Item 2 and the following board appointments were made: PAR and Recreation Advisory Committee Russell Stowers (Reappointed) Dorrinda Garza (Reappointed) Buddy Sparks (Reappointed) W. Chuck Rushing (Appointed) Mayor Garrett called for consideration of the consent agenda (Items 3 - 30). City Secretary Chapa stated that Councilmember Noyola would be abstaining from the vote and discussion on Items 24, 27, and 28. There were no comments from the public or the Council. A motion was made and passed to approve Items 3 through 30. constituting the consent agenda. City Secretary Chapa polled the Council for their votes as follows: Minutes — Regular Council Meeting August 29. 2006 — Page 3. MOTION NO. 2006-263 Motion approving a supply agreement with Texas Tire Recycling, Inc., of Baytown Texas for used tire disposal service it accordance with Bid Invitation No. BI -0179-06 based on only bid for an estimated annual expenditure of $82,500. The term of the supply agreement will be tor 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 Solid Waste and Maintenance Services 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". MOTION NO. 2006-264 Motion approving a service agreement with OneSource Facility Services, Inc., of Corpus Christi, Texas for custodial service for outlying police buildings in accordance with Bid Invitation No. BI -0085-06 based on best value for an estimated annual expenditure of $25,464. The term of the contract 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 Police Department in 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". 5. MOTION NO. 2006-265 Motion approving a service agreement with Office Communications Systems, of Corpus Christi, Texas for the lease of copiers in accordance with Request for Proposal Number BI - 0131 -06 in the amount of $544,718.28, of which $168,368.78 is required in FY 2006-2007. The term of the service agreement will be for thirty-six 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. Copiers will be replaced in City Hall, the Police Department, Municipal Court and Development Services. Funds are budgeted and available in the Stores Fund Police Department, Municipal Court and Development Services 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". 6. MOTION NO. 2006-266 Motion approving the lease purchase of two rear steer brush loader trucks from Heil of Texas, of Houston, Texas based on the cooperative purchasing agreement with the Houston -Galveston Area Council (H -GAC) for the total amount of $241,580. These brush loader trucks will be used by Solid Waste Services and are replacements to the fleet. Funding will be provided by the City's lease purchase financing contractor. 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 Counci Meeting August 29, 2006 — Page 3 MOTION NO. 2006-267 Motion approving supply agreements with the following companies for the following amounts in accordance with the Coastal Bend Council of Governments Bid Invitation No. CBCOG-06- 4 for food items which include canned and frozen fruit and vegetables, meats and condiments for an estimated four month expenditure of $66,367.14. The terms of the contracts shall be for four months with an option to extend for up to three additional months, subject to the approval of the Coastal Bend Council of Governments, the suppliers, and the City Manager or his designee. Funds have been requested by Senior Community Services n FY 2006-2007. i_aBatt Food Service PFG Corpus Christi, TX Victoria, TX 87 items 90 Items 328:385.81 $37,981.33 Grand Total: $66,367.14 8. MOTION NO. 2006-268 Motion approving the purchase of thirty-eight (38) computers from Dell, of Round Rock, Texas for the total amount of $36,499. The award is based on the cooperative purchasing agreement with the Texas Department of Information Resources (DIR). The computers will be used by the Library Department. Funding is available through the Gates Foundation Computer grant. The foregoing motion was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison. Marez, Noyola, and Scott, voting "Aye". 9. ORDINANCE NO. 026934 Ordinance authorizing the City Manager or his designee to execute a one year Lease and Use Agreement, with two twelve-month options to renew, with FJJ LLC, dba Frank and Jaime's City Cafe, of Corpus Christi, Texas, to operate a food service concession at City Hall kitchen facilities in consideration of FJJ LLC, dba Frank and Jaime's City Cafe, paying 8% of monthly gross sales up to $5,999 per month: 7% of monthly gross sales from $6,000 to $7 000 per month:: and 6% of monthly gross sales above $7,000 per month. 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" 10.a. RESOLUTION NO. 026935 Resolution authorizing the City Manager or his designee to accept a grant from the Department of State Health Services, in the amount of $22,500, for laboratory analysis of bay water samples. 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 Counci3 Meeting August 29, 2006 — Page 4 10.b. ORDINANCE NO. 026936 Ordinance appropriating a grant from the Department of State Health Services in the amount of $22,500 in the No. 1066 Health Grants Fund for provide laboratory analysis of bay water samples. 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" 11.a. RESOLUTION NC. 026937 Resolution authorizing the City Manager or his designee to accept a grant from the Department of State Health Services, in the amount of $79,140 to provide tuberculosis prevention and control services. The foregoing resolution was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly. Kinnison, Marez, Noyola, and Scott, voting "Aye". 11.b. ORDINANCE NO. 026938 Ordinance appropriating a grant from the Department of State Health Services in the amount of $79.140 in the No. 1066 Health Grants Fund to provide tuberculosis prevention and control services 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" 12.a. RESOLUTION NO. 026939 Resolution authorizing the City Manager or his designee to accept a grant from the Department of State Health Services in the amount of $202,923 for costs to provide essential public health services. The foregoing resolution was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly. Kinnison, Marez, Noyola, and Scott, voting "Aye". 12.b, ORDINANCE NO. 026940 Ordinance appropriating a grant from the Department of State Health Services in the amount of $202,923 in the No. 1066 Health Grants Fund for costs to provide essential public health services. 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 Counci Meeting August 29, 2006 — Page 13.a. RESOLUTION NO. 02694' Resolution authorizing the City Manager or his designee to execute a Gift Agreement with the Corpus Christi Public Library Foundation, Inc. which provides $4,492.87 to the City for improvements to the Parkdale Branch Library. The foregoing resolution was passed and approved with the following vote: Garrett, Chesney. Cooper, Garcia, Kelly. Kinnison, Marez, Noyola. and Scott, voting "Aye". 13.b. ORDINANCE NO. 026942 Ordinance appropriating $4,492.87 from the Corpus Christi Public Library Foundation, Inc. into the Library Capital Improvement Program Fund No. 3210 for improvements to the Parkdale Branch Library; amending the FY 2005-2006 Capital Budget adopted by Ordinance No 026188 to increase appropriations by $4,492.87. 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.a. RESOLUTION NO. 026943 Resolution authorizing the City Manager or his designee to execute a Gift Agreement with the Corpus Christi Public Library Foundation, Inc. which provides $23,650 to the City for the purchase of a digital library package for the library. The foregoing resolution was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia. Kelly. Kinnison, Marez, Noyola, and Scott, voting "Aye". 14.b. ORDINANCE NO. 026944 Ordinance appropriating $23,650 from the Corpus Christi Public Library Foundation, Inc. into the General Fund No. 1020 Central Library Organization No. 12800 to purchase a digital library package for the library; amending the FY 2006-2007 Operating Budget adopted by Ordinance No. 026908 to increase appropriations by $23,650. 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" 15.a. RESOLUTION NO 026945 Resolution authorizing the City Manager or his designee to accept a grant from United Way in the amount of $2,200 to purchase books and other library materials for the Greenwood Branch Library. 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 Counci Meeting August 29, 2006 — Page 6 15.b. ORDINANCE NO. 026946 Ordinance appropriating $2,200 from United Way into the General Fund No. 1020, Central Library Organization No. 12800 to purchase books and other library materials for the Greenwood Branca Library; amending the FY 2006-2007 Operating Budget adopted by Ordinance No 026908 to increase appropriations by $2,200. 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" 16.a. RESOLUTION NO. 026947 Resolution authorizing the City Manager or his designee to accept a grant in the amount of $157,060 and to execute a contract and all related documents with the Texas State Library and Archives Commission to continue operation of the Interlibrary Loan Referral Center at the Corpus Christi °ublic Library for state FY 2006-2007. The foregoing resolution was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison. Marez, Noyola, and Scott, voting "Aye". 16.b. ORDINANCE NO. 326948 Ordinance approprating $157,060 from the Texas State Library and Archives Commission into the Library Grants Fund No. 1068 to continue operation of the Interlibrary Loan Referral Center at the Corpus Christi Public Library for state FY 2006-2007. 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" 17.a. RESOLUTION NO 026949 Resolution authorizing the City Manager or his designee to accept a grant in the amount of $710,821 and to execute a contract and all related documents with the Texas State Library and Archives Commission to continue operation of the South Texas Library System at the Corpus Christi Public Library for state FY 2006-2007. The foregoing resolution was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye". 17.b. ORDINANCE NO. 026950 Ordinance appropnating $710,821 from the Texas State Library and Archives Commission into the Library Grants Fund No. 1068 to continue operation of the South Texas Library System at the Corpus Christi Public Library for state FY 2006-2007. 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 Counci Meeting August 29, 2006 — Page 7 18.a. RESOLUTION NO. 026951 Resolution authorizing the City Manager or his designee to accept a grant in the amount of $80,000 and to execute a contract and all related documents with the Texas State Library and Archives Commission to continue operation of the Technical Assistance Negotiated Grant Program administered by the South Texas Library System at the Corpus Christi Public Library for the state FY 2006-2007 The foregoing resolution was passed and approved with the following vote: Garrett, Chesney. Cooper, Garcia, Kelly. Kinnison, Marez, Noyola, and Scott, voting "Aye". 18.b. ORDINANCE NO. 026952 Ordinance appropriating $80,000 from the Texas State Library and Archives Commission into the Library Grants Fund No 1068 to continue operation of the Technical Assistance Negotiated Grant Program administered by the South Texas Library System at the Corpus Christi Public Library for state FY 2006-2007 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. MOTION NO. 2006-269 Motion authorizing the City Manager or his designee to accept a grant from the Texas Health and Human Services Commission in the amount of $206,451 from the Child and Adult Care f=ood Program (CACFP) to provide after school supplements (snacks) to youth enrolled in approved after school enrichment programs 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". 19.b. ORDINANCE NO. 026953 Ordinance appropriating a grant in the amount of $206,451 from the Texas Health and Human Services Commission to operate the Child and Adult Care Food Program in the No. 1 067 Federal/State Grants Fund to provide after school supplements (snacks) for youth enrolled in approved after school enrichment programs for FY 2006-2007. 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.c. RESOLUTION NO. 026954 Resolution authorizing the City Manager or his designee to execute an Interlocal Cooperation Agreement with Corpus Christi Independent School District for the after school snack -Child and Adult Care Food Program 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 Counci Meeting August 29. 2006 — Page 8 20. RESOLUTION NO 026955 Resolution authorizing the City Manager or his designee to execute an Interlocal Cooperation Agreement with Corpus Christi Independent School District regarding sharing of uvenile records The foregoing resolution was passed and approved with the following vote: Garrett, Chesney. Cooper, Garcia, Kelly. Kinnison, Marez, Noyola, and Scott, voting "Aye". 21. MOTION NO. 2006-270 Motion authorizing the City Manager or his designee to enter into a contract with Mercer Oliver Wyman Actuarial Consulting, Inc., of Milwaukee, Wisconsin in the amount of $30,000 for actuarial services for the City's Health Insurance Program for Fiscal Year 2006 with an update based on the six-month period ended January 31, 2007 as well as to provide actuarial services I support of compliance with GASB 45. The foregoing motion was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia. Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye". 22. MOTION NO. 2006-271 Motion authorizing the City Manager or his designee to execute Right -of -Way, Access and Utility Easements in the total amount of $60,625 for acquisition of Parcels 17a, 17b, 19, 20, and 22, containing a total of 22,564.62 -square feet (.5180 acres), all located along the south right-of-way line of Wooldridge Road, west of Rodd Field Road, from the owner T. Mark Anderson, Trustee of the Anderson Family 1979 Accumulated Trusts, necessary for the Wooldridge Road Street Improvement Project, Phase 2 (#6266), Airline to Rodd Field, BOND 2004 and for other municipal purposes. The foregoing motion was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia. Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye". 23. ORDINANCE NO. 026956 Ordinance authorizing the City Manager or his designee to execute a Revocable Right of Entry Permit with the United States of America ("Government"), acting through the Army Corps of Engineers, for the Defense Environmental Restoration Program at former Rodd Field Naval Air Station (now Bill Witt City Park); providing for term not exceeding 18 months, with termination at will by either party giving written notice; providing for removing hangar, concrete slab and surrounding security fence and restoring ground contour and establishing grass groundcover. providing for Government reconnecting utility lines and repairing, or settling for, all damage to City real property. 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 Counci; Meeting August 29, 2006 - Page 9 24.a. ORDINANCE NO. 026957 Ordinance appropriating $376,950 from the Unreserved Fund Balance in the Airport Operating Fund 4610 for professional services associated with engineering and design of the West GA Apron and Drainage Improvements, Phase V at Corpus Christi International Airport funds will be reimbursed upon award of Federal Aviation Administration Grant 38; amending FY 2006-2007 Operating Budget adopted by Ordinance No. 026908 to increase appropriations Dy S376,95C. 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. 24.b. MOTION NO. 2006-272 Motion authorizing the City Manager or his designee to execute Amendment No. 5 to the Architectural/Engineering Services Contract with Pierce, Goodwin, Alexander and Linville PGAL), Inc., of Dallas, Texas in an amount not to exceed $376,950 for the Corpus Christi international Airport West General Aviation Apron Rehabilitation and Drainage Phase V improvement Projects. The foregoing motion was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinrison, Marez, and Scott, voting "Aye"; Noyola abstained. 25.a. MOTION NO. 2006-273 Motion approving the Distribution Main Extension Construction and Reimbursement Agreement submitted by Third Coast Real Estate, L.L.C., owner and developer of WM. J. Robertson's Farm Tracts, Lot 3, Tract 7 located south of Saratoga Boulevard (SH 357) east of Old Brownsville Road (FM 665) for the installation of 126 linear feet of an 8 -inch PVC water distribution main The foregoing motion was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison. Marez, Noyola, and Scott. voting "Aye". 25.b. ORDINANCE NO. 026958 Ordinance appropriating $14,340 35 from the Water Distribution Main Trust Fund No. 4030- 209020 to pay developer reimbursement request for the installation of 126 linear feet of an 8 -inch PVC water grid main to develop WM. J. Robertson's Farm Tracts, Lot 3, Tract 7. 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 Counci Meeting August 29, 2006 — Page 10 26. ORDINANCE NO. 026959 Ordinance authorizing the City Manager or his designee to execute a Use Privilege Agreement with Naismith Engineering, Inc., (Operator) for the right to install, operate, repair, replace, and maintain a 4 -inch PVC pipe for the permitted discharge of treated groundwater from a leaking petroleum storage tank remediation system, located at 3030 Martin Luther King Drive, approximately 9 -feet within the Nueces Bay Boulevard right-of-way to an existing city storm sewer inlet; establishing a fee of $575. 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" 27. ORDINANCE NO. 026960 Ordinance appropriating $1,488,093 in Passenger Facility Charge Fund 4621 from unreserved fund balance; transferring $1,055,309 into the Airport 2000A Debt Service Fund 4640 and $432,784 into the Airport 2000B Debt Service Fund 4641 for debt service on airport improvements; amending FY 2004-2005 Capital Budget adopted by Ordinance No. 026188 to increase appropriations by $1,488,093; amending FY 2006-2007 Operating Budget adopted by Ordinance No. 026908 to increase revenues by $178,653 in the Airport 2000A Debt Service Fund 4640 and $124,634 in the Airport 2000B Debt Service Fund 4641. 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, ,oting "Aye Noyoia abstained 28. ORDINANCE NO. 026961 Ordinance authorizing the City Manager or his designee to execute a Supplemental Lease Agreement with the United States of America General Services Administration to amend the lease dated December 4, 2003, to increase rent paid to the City by $29,157.22, amortized over 30 months beginning September 1. 2006. 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 Noyoa abstained 29. ORDINANCE NO. 026962 Amending the Comprehensive Plan of the City of Corpus Christi by amending the City of Corpus Christi Parks, Recreation, and Open Space Master Plan, as amended on June 21, 2005, by approving The Oso Creek - Oso Bay Greenbelt, Parks and Trails System Master Plan as part of the Parks, Recreation, and Open Space Master Plan, as amended on June 21 2005: providing for repeal of conflicting ordinances. (First Reading 08/22/06) 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 Counco Meeting August 29. 2006 - Page' 1 30. ORDINANCE NO. 026963 Amending the City's Comprehensive Plan by amending the Master Sanitary Sewer Plan Master Sanitary Sewer Plan for the Southern Portion of Corpus Christi, Texas 1983, the Master Plan for Sanitary Sewers 1963, and the 1965 Master Plan for Sanitary Sewers in Flour Bluff) and rescinding the portions of the master plans covered by Study Areas 1, 1A, 3 and 4 and by approving and adopting the Wastewater Collection System Master Plan, Oso W R.P Service Area, Study Area 1 and Laguna Madre WWTP Service Area Study Areas A. 3 and 4 (First Reading 08/22/06) An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye" Mayor Garrett opened discussion on Item 35, the second reading ordinance repealing Ordinance No. 026716, which closed a section of beach between Packery Channel and Padre Balli Park. City Manager Noe stated that the repeal of the ordinance would allow the beach access issue to be submitted to the voters in a proposed Charter Amendment on November 7, 2006. Mayor Garrett called for public comment. The following individuals spoke against holding the election in November 2006: Bill Kopecky, 3609 Topeka; John Adams, 207 Katherine; Warren Fletcher, 3100 Santa Fe; J E. O'Brien, 4130 Pompano; Neil McQueen, 4213 Estate Drive; and Jack Gordy, 4118 Bray Mr Cliff Slovik, 142 Whiteley, spoke in favor of a bollard system to address beach access issues. In response to Mr. Gordy's comment about City Council elections, Mr. Chesney stated that he had inquired about changing the Council elections to November, but the City Attorney had rendered an opinion that it was too late to change the Council election date at this point. He stated that the real issue was the election costs. He said that holding the election in November would not increase the election costs for the citizens rather, according to Nueces County, the election would cost the same regardless of whether the city participates or not. He also pointed out that 80 percent of Nueces County was comprised of Corpus Christi citizens, so they were already paying for the November election He sad it was simply a matter of which entities would be paying the bills. Mr. Chesney also stated that he was opposed to a bollard system. Finally, Mr. Chesney spoke in favor of holding the election in November to resolve the issue as soon as possible. Mr Noyola also spoke in favor of a November election for the beach access issue because it would provide a mandate on the issue. He also spoke in favor of holding City Council elections in November. Finallyhe spoke in favor of the bollard system, but he was not in the majority on this Issue. Mr Marez spoke in favor of the November election date for the beach access issue because of the larger turnout. He noted, howeverthat he was opposed to repealing the ordinance because it set a bad precedent. since the Council had already repealed the ordinance twice. City Secretary Chapa polled the Council for their votes as follows: Minutes — Regular Counct Meeting August 29. 2006 — Page 12 35. ORDINANCE NO. 026964 Repealing Ordinance No. 026716 regarding the elimination of vehicular traffic on the beach seaward of the Padre Island seawall and between Packery Channel and Padre Balli Park; the direction of travel between Whitecap Boulevard and Padre Balli Park; establishing and regulating pedestran safe beach: establishing a pedestrian safe area. (First Reading '8/22/06` The foregoing ordinance was passed and approved on its second reading with the following vote: Garrett, Chesney, Cooper, Garcia, Kinnison, Noyola, and Scott, voting "Aye"; Marez voting "No Kelly abstained. Mayor Garrett opened discussion on Item 36, an ordinance amending the Council's prior election call by changing the election date to November 7, 2006; and setting the ballot language for the two Charter Amendments. City Manager Noe stated that the proposed ordinance included the changes the Council made to the Charter Amendments during the first reading. He noted that Charter Amendment No. dealt with the closure of 7,200 -ft. of beach to vehicular traffic, while Charter Amendment No. 2 was the proposition submitted by the petitioners. Mayor Garrett called for public comment. The following individuals were opposed to the last sentence in proposed Charter Amendment No. 1, which stated that "The ordinance affecting the creation of a public pedestrian -safe beach is not subject to initiative or referendum": Bill Kopecky, 3609 Topeka: and Johnny French. 4417 Carlton. City Manager Noe clarified that the sentence was included in the proposed language to prevent "double jeopardy regarding this issue. He said if the citizens voted in favor of this proposition, then the Council would have to adopt an ordinance to implement the trigger points and milestones for the proposed development. He said hypothetically, the citizens could attempt to petition against this ordinance, in effect forcing a second vote on the issue. City Attorney Fischer added that because of the petition effort. the city was prohibited from adopting an ordinance at this time regarding the proposed development's milestones and trigger points. She also added that the Texas Supreme Court supported the city's right to include a Charter provision withdrawing the power of initiative and referendum from the citizens on any subject. Ms. Colleen McIntyre, 13714 Three Fathoms, spoke against the use of a bollard system to restrict beach access. Regarding the proposed resort development, Mr. Marez asked how many entrance and exit points would be available from the beach to the development. Mr. Paul Schexnailder, representing the resort development, replied that at the north end (1,800 -sq. ft), there would be a minimum of three boardwalks from the beach to the resort area. At the south end, he said there would be an additional three entrance and exit points with 4.200 square feet of fully accessible property. Mr. Marez stated that he would like the proposed Charter Amendments and the proposed resolution to include consistent, uniform language. He preferred the term "vehicle free beach" to "pedestrian safe beach" in all documents. City Manager Noe replied that the two motions made last week accomplished two th ngs: narrowing the focus of Charter Amendment No. 1 and changing the language in Charter Amendment No. 2 to replace "public pedestrian safe beach" with "vehicle free beach" He said the proposed ordinance reflected the language decided on by the Council. He said if the Council wished to amend the language, then they could make a motion to amend it. Mr. Scott pointed out that initially the proposed Charter Amendments both used the same language, namely "public pedestrian safe beach", until Mr Marez made a motion to change the language in Charter Amendment No. 2 tc "vehicle free Peach" last week. City Manager Noe added that staff preferred Minutes — Regular Councr Meeting August 29, 2006 — Page 13 the term "public pedestrian safe beachbecause the city's powers to maintain a pedestrian safe beach extended beyond limitations on vehicles. City Secretary Chapa polled the Council for their votes as follows: 36. ORDINANCE NO. 026933 Amending Ordinance No. 026717 to order a Special Election to be held on November 7, 2006, in the City of Corpus Christi on the questions of amending the Charter of the City of Corpus Christi to provide for a public pedestrian -safe beach between Packery Channel and Padre Balli Park and prohibiting any restriction of vehicular access in order to create vehicle - free beaches unless approved by a majority of qualified voters of the City who vote at an election held for that purpose; providing for procedures for holding such election; providing for notice of election and publication thereof; providing for establishment of branch early polling places; designating polling place locations; authorizing a joint election with Nueces County; and enacting provisions incident and relating to the subject and purpose of this ordinance: and providing for the effective date of this ordinance. (First Reading 08/22/06) The foregoing ordinance was passed and approved on its second reading with the following vote: Garrett. Chesney. Cooper, Garcia, Kinnison, Marez, Noyola, and Scott, voting "Aye"; Kelly abstained Mayor Garrett opened discussion on Item 37, a resolution outlining the Council's statement of policy regarding the beach access plan. City Manager Noe stated that the purpose of the resolution was to adopt the elements of Ordinance No. 026716 that are not included in the Charter Amendment language. He said the proposed resolution would be adopted and detailed in ordinance form if the voters approved Charter Amendment No. 1, and would also track the prior ordinance provisions City Manager Noe stated that Section 1 of the proposed resolution included a list of activities that would be restricted on the public pedestrian safe beach as follows: motorized watercraft; fires; camping; dogs/animals without a leash; and mobile vendors. Mr. Noe stated that additionally, Section 1 included a description of the proposed beach access plan and amenities. including parking areas and facilities that were previously adopted, and definitions of 30 -space parking facility, restrooms, and amenities throughout the development. He displayed a map that included a slightly revised plan, with changes to the location of the restroom and fish cleaning station and the south parking lot. He noted, however, that the plan was schematic in nature, and thus could be subject to final planning and design changes. City Manager Noe discussed the development's trigger points that must be met before the city implemented the public pedestrian safe beach. He said the 4,200 -square foot area in front of the concrete seawall, otherwise known as the "center area", would be implemented upon voter approval and GLO approval. In addition, the resolution required that a Master Plan be developed for the area. Regarding the North end of the development, he said one of the trigger points required the start of substantial vertical construction of first phase improvements with an appraised value ora market value of $75,000,000. Regarding the South end, he said one of the trigger points required that the installation of infrastructure to support the 400 residential units, hotel, and the start of vertical construction in that area. Finally, he said the resolution included a provision that if the development on the South end of the development was completed first, then the North end must meet the required trigger points within five years or the city can recapture the pedestrian safe beach. Councilmember Noyola pointed out that the resolution also included provisions for a people mover system and free parking in any city -constructed parking lots Minutes - Regular Counci Meeting August 29, 2006 - Page 14 Mr Chesney emphasized that the 4,200 -square foot portion in front of the seawall was not tied to any development trigger points; rather, the trigger points applied to the roughly 3,000 -square feet south of Packery Channel and north of the seawall and Padre Balli Park. In response to Mr. Chesney's question, Mr. Noe stated that the proposed amenities (e.g. showers and restrooms) were tied to the implementation of the pedestrian safe beach. In other words, he said the City could not close the beach to vehicular traffic unless the amenities were in place. Mr. Chesney also emphasized that the proposed areas would have 735 parking spaces. Combined with the proposed amenities and ADA access he said the city was making every effort to make the area accessible to the public There were no comments from the public. City Secretary Chapa polled the Council for their votes as follows: 37. RESOLUTION NO. 026965 Resolution outlining the terms of the beach access plan for the approximately 7,200 -foot public pedestrian -safe beach between Packery Channel and the north boundary of Padre Balli Park upon approval of the public pedestrian -safe beach by the voters. The foregoing resolution was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kinnison, Marez, Noyola, and Scott, voting "Aye"; Kelly abstained. Mayor Garrett referred to Item 31 and a motion was made, seconded, and passed to open the public hearing on the proposed ad valorem tax rate increase. Assistant City Manager Oscar Martinez stated that the proposed tax rate of $0.607406 per $100 valuation honored the Council's policy of maintaining the effective tax rate for M&O and leaving the debt service rate constant. He said the proposed tax rate was the lowest rate since 1991 and the lowest M&O rate since 1983. In addition, he pointed out that staff was not presenting the rate of $0.607 that was proposed in the budget: rather to comply with the financial policies, staff was proposing a rate of $0.602 per valuation to obtain the effective tax rate on M&O. Mayor Garrett called for public comment Mr. J.E. O'Brien, 4130 Pompano, questioned whether the city was actually providing tax decrease, and suggested that the city increase their homestead exemption to 20 percent like Nueces County. Mr. Hector Guardiola, 416 N. Chaparral #205, spoke in support of the proposed ad valorem tax rate. A motion was made, seconded, and passed to dose the public hearing. Mayor Garrett made the following statement "During the September 12, 2006 Council meeting, beginning at 10:00 a.m. at City Hall, the City Council will vote on the proposed tax rate". Mayor Garrett referred to Item 32, and a motion was made, seconded, and passed to open the public hearing on the FY2007 Capital Budget and Capital Improvement Planning Guide. Assistant City Manager Oscar Martinez stated that the Planning Commission approved the proposed FY 2007 CIP Planning Guide at their last meeting. He explained the CIP Planning Process timeline as follows: Long-range CIP - four years; short-range CIP - three years; and annual capital budget -- one year. Mr Martinez covered the highlights of the FY 2006-07 Capital budget. First, he said the Minutes - Regular Counci Meeting August 29. 2006 - Page 15 budget included $146.5 minion in expenditures. Second, he said Water and Wastewater rates were increased 5.75 percent to continue needed infrastructure improvements, which included an additional one percent to fund Bond 2004 projects. He said a meter charge was added to the Gas Rate Structure in lieu of a rate increase. Third, he said the seawall improvements were scheduled for completion in January 2007 Mr Martinez discussed a number of current significant issues regarding the FY 2006-07 Capital budget. First, he said the budget included funding for the continuation of capital projects approved in prior years including 2004 voter -approved projects. Second, he said the budget provided for continuation of funding to maintain and upgrade utility infrastructure for continued growth Third, he said the budget included capital improvements for streets. Fourth, he said the budget included the continuation of the Southside Transmission Main project. Fifth, he said the budget included maximizing the wastewater treatment plant expansion. Mr Martinez displayed a pie chart illustrating the FY 2007 Capital Budget revenues. He pointed out that the $35 million in funding for G.O. Bonds plus the $76 million in Commercial Paper comprised 81 percent of the financing for capital projects. Mr, Martinez displayed a pie chart illustrating the FY 2007 Capital Budget expenditures. He noted that 81 percent of expenditures were comprised of Water, Wastewater, Storm Water, and Street improvements. Mr. Martinez briefly discussed the short-range CIP revenues from FY 2007 to FY 2009. He noted that the short-range revenues decreased in FY 2009 primarily because old general obligation debt was falling off which increased the city's financing capacity in the future. Mr. Martinez briefly discussed the short-range CIP expenditures from FY 2007 to FY 2009. He pointed out that some of the larger areas of growth in FY 2008 were comprised of expansions to the wastewater (i.e. Broadway Plant) and water (Southside Transmission Main, O.N. Stevens) systems. Mr. Garcia asked questions about the city's water supply system on the Southside. Mr. Martinez reviewed the Airport short-range CIP program. He said approximately $11.5 million was budgeted in the first year over the three-year period, he said $12.3 million was budgeted He said the Airport's proposed CIP focused on asphalt overlay, drainage improvements, and lighting improvements on their primary and secondary runways. Mr Martinez reviewed the Park and Recreation short-range CIP program. He said the first through third year program was budgeted at $5.8 million because it was being funded primarily through Bond 2004 Mr Martinez briefly discussed the public facilities short-range CIP program. He said $1.2 million was budgeted in Year 1 the three-year program was budgeted at $4.5 million. Mr. Martinez covered the public health and safety short-range CIP program. He said $8.6 million was budgeted in the Year 1; the three-year program was budgeted at $20.2 million. Mr. Martinez reviewed the Streets short-range CIP program. He said $32 million was budgeted in Year 1: the three-year program was budgeted at $64 million. Mayor Garrett asked for an update on streets projects funded through Bond 2004. Mr. Noe said staff would provide an update soon. Council members asked questions about increasing the RTA's and TxDOT's contributions toward street improvements. Mr Martinez reviewed the Gas short-range CIP program. Council members asked questions Minutes — Regular Counci Meeting August 29, 2006 — Page 16 abut reinstating the rebate program to encourage home builders to install gas line in homes. Mr Martinez reviewed the Storm Water short-range CIP program. He said $31.6 million was budgeted in Year the three-year program was budgeted at $69.7 million. He noted that the proposed budget reflected the Council's $55 million funding commitment in storm water improvements Counciimember Kelly stated that he had recently been informed that FEMA had declared the Douglas neighborhood to be in a flood zone because their area had flooded numerous times. Consequently, he said the residents' insurance rates had tripled, making their homes difficult to sell. Mr. Kelly asked staff to consider funding Phase 2 of the relief ditches project in this year's budget to address the problem. City Engineer Angel Escobar replied that the relief ditches project, also known as Storm Water Project Nc 32, addressed drainage problems in the Tuloso/Suntide area. He said that a $153,000 contract was awarded in July for Phase 1 of the project. He confirmed that the Phase 2 project cost was approximately $140,000, he said $100,000 was scheduled in CIP Year 2 FY 2007-08), but no funds were allocated in this fiscal year. Mr. Kelly asked staff to make recommendations on how to fund Phase 2 of Storm Water Project No. 32 in the FY 2006-07 CIP Assistant City Manager Martinez replied that staff had recently updated the utility 'ate model with regard to funding utility projects. He said the update was not reflected in the document yet, but it may provide the funding needed to fulfill Mr. Kelly's request. He said staff would review the matter, and come back with recommendations. Mr Kelly noted that one of the problems in the Douglas neighborhood was redirected water and the acceleration of water from the warehouse development on Suntide near the subdivision. He asked if the owner of the developer bore any responsibility to address the drainage problems in the neighborhood City Engineer Escobar replied that staff met with representatives from the Douglas subdivision and the developer. He said the developer had agreed to work with the city to address the drainage problems. In addition. Mr. Escobar stated that the Storm Water Master Plan was also a way to address drainage problems citywide. He said Phase 2 included the construction of additional inlets that would run in front of his property along Suntide. Thus, he said staff was hoping he would participate in funding these improvements Mr Kelly asked when the Storm Water Master Plan would be ready. Mr. Escobar replied that staff would be presenting the master plan's design criteria guide in October. In addition, he said staff had three more meetings scheduled with the Development Services Advisory Group (DSAG) to discuss the plan. He anticipated that staff could present their recommendations in October. Mr. Kelly observed that flooding in older neighborhoods appeared to be a citywide problem. He noted that the city continued to plat lots in areas prone to flooding. He stated that the Council needed to review the proposed Storm Water Master Plan as soon as possible. Mr Kelly asked if the city could contact FEMA once the improvements were made to see if they would change the Douglas neighborhood's status as a flood plain. Mr. Escobar answered affirmatively. Mr. Martinez discussed the Wastewater short-range CIP program. He said $28.8 million was budgeted in Year 1 $142.3 million was budgeted through Year 3. He said improvements were as follows: enhancements at Greenwood WWP, Allison WWP, and the design and construction of the new Broadway WWP Mr. Martinez reviewed the Water short-range CIP program. He said $21.8 million was budgeted ,n Year 1 $93 million was budgeted through Year 3. He said the planned capital Minutes - Regular Counci Meeting August 29. 2006 - Page 1 7 improvements included the following projects: Phases 5, 6, 7 & 8 of the Southside Transmission Main; and an elevated storage tank on the Island. Finally, Mr. Martinez provided a brief update on the Water Supply short-range CIP program. He said $973,000 was budgeted in Year 1; $5 million was budgeted through Year 3. He said the planned improvements included the following projects: maintain water supply facilities; provide additional facilities for supply sources; regional groundwater study; and options for the Garwood Pipeline Mayor Garrett called for public comment. The following individuals spoke in favor of funding storm water improvements for the Douglas neighborhood in the FY 2006-07 CIP: Sandy Cupp, 817 Barrogate: Jim Miller, 1906 Tuloso Road, James Goldston, 502 Barracuda; In response to Councilmember Garcia's questions, City Engineer Escobar stated that the city had hired a consultant. Mr Randy Thompson, who prepared a report on the flooding problems in that area. He said the report's finding identified six phases of improvements that were needed to address the problems. Thus, he said expediting Phase 2 of the improvements would alleviate some of the flooding, but it was not the total solution. Assistant City Manager Ron Massey added that Phase ' and Phase 2 would address the most immediate bottlenecks in the system. Mr Noyola spoke n favor of focusing more funding on storm water improvements in older neighborhoods. Mr Garcia made a motion to close the public hearing, seconded by Mr. Scott, and passed. Mayor Garrett called for a brief recess to present proclamations. Mayor Garrett opened discussion on Item 38, regarding a short-term and a long-term lease for use of the Mary Carroll House. Special Assistant to the City Manager Tom Utter reported that in 2005, Mr. Jim Charnquist, a local developer with a project in the Tancahua/Caracahua area, offered to donate the historic Mary Carroll House to the city. He said the city accepted the donation and relocated the Mary Carroll House to a location on Mesquite Street, immediately west of Heritage Park. He said since the House, named after an important CCISD educator, was special to the CCISD school district, staff approached the District to determine if they had an interest in leasing the property. Consequently, he said the Corpus Christi Education Foundation had come forward to renovate the house using it as their headquarters Mr. Utter stated that the Foundation planned to renovate the house as a construction trades laboratory student project. using CDBG funding. He said the grant funds would be used to acquire material and supplies for the interior and exterior maintenance of the house, with labor and expertise provided through a collaboration of CCISD Building Trade students and private sector sponsors. He said the students would work on the home as part of an ongoing school project. Mr. Utter said the Foundation also offered to use the same process to perform maintenance on the other structures in Heritage Park. Finally Mr Utter stated that the Foundation had developed an impressive list of partners for the project Mr Utter said that to move forward as quickly as possible, staff was proposing both a one- year and a ten-year lease He said the one-year lease would terminate at the effective date of the beginning of the ten-year lease. He said the terms of the lease are unique in that this will be the first Minutes - Regular Counci Meeting August 29 2006 - Page 1 3 structure in Heritage Park where the utilizing organization not only performs the renovation, but also assumes all costs and duties of continued maintenance on the property. Corpus Christi Education Foundation President Larry Elizondo spoke in support of the project. He briefed the Council on the Foundation's history and goals. He also introduced a group of Career and Technology students from Moody High School that was in the audience. Ms. Patty Garcia, CCISD Community Development Coordinator, provided information on the draft timeline and plans fo- the Mary Carroll House project. She also provided a list of the many public sector partners Councilmembers Noyola and Garcia spoke in support of the project, saying the students would benefit tremendously from this real-world experience. Mr. Noyola asked if the project could be expanded to include other school districts. Mr Utter stated that program could be expanded in the future Councilmember Scott asked the City Manager to inform Mr. Charnquistaboutthe city's plans for the Mary Carroll House. There were no comments from the public. City Secretary Chapa polled the Council for their votes as follows: 38.a. ORDINANCE NO. 026966 Ordinance authorizing the City Manager or his designee to execute a one year lease agreement with Corpus Christi Education Foundation ("Lessee") for use of Mary Carroll House at Heritage Park in consideration of Lessee securing all labor to fully restore the house and landscape the grounds; and Lessee maintaining the premises and improvements; anc Lessee using its best efforts to develop and maintain a building trades educational program to maintain the exterior of the structures at Heritage Park. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Jarrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye" 38.b. FIRST READING ORDINANCE Authorizing the City Manager or his designee to execute a ten year lease agreement with Corpus Christi Education Foundation ("Lessee") for use of Mary Carroll House at Heritage Park in consideration of Lessee securing all labor to fully restore the house and landscape the grounds: and Lessee maintaining the premises and improvements; and Lessee using its best efforts to develop and maintain a building trades educational program to maintain the exterior of the structures at Heritage Park; providing for one five (5) year renewal option. 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 "Ave". Mayor Garrett called for petitions from the audience. Mr. Foster Edwards, the Convention and Visitors Bureau (CVB) Board chairman, thanked Ms. Debbie Lindsey -Opel for serving as the CVB's interim CEO He also introduced Mr. Keith Arnold, who would be replacing her as interim CEO. Finally, Mr, Edwards provided copies of a report on the economic impact of the USBC Open Championship on the city prepared by Dr Jim Lee of Texas A&M -Corpus Christi. He said the Minutes — Regular Counci Meeting August 29 2006 — Page 19 results would be reported to the community in a press conference scheduled at 2:00 p.m. today. He thanked the Council for their support. Mr Warren Fletcher, 3100 Santa Fe, spoke regarding an alleged case of police brutality that occurred on July 17 incident. Chief of Police Bryan Smith briefed the Council on the Police department's investigation regarding Mr. Fletcher's complaint, as well as the Army sergeant's complaint from last week. Mr J.E. O'Brien, 4130 Pompano, spoke in support of reinstating the city's internal auditor position and also spoke in favor of returning the Columbus Fleet debt to the CVB. Mr Hector Guardiola, 416 N. Chaparral #205, congratulated the new Police Chief Bryan Smith and Councilmember Kelly for their efforts to ensure the safety of downtown residents. Mr Gene Pasahow 4018 Kingston, speaking on behalf of the Senior Corpus Christi League, requested new fencing for the Kiwanis Field. City Engineer Escobar briefed the Council on the status of this and other repairs to the field Ms. Camm Dougherty, 2306 Mercury, asked the Council to consider rescinding the ordinance amending the sgn ordinance by adding Northwest Boulevard to the list of arterials with collector status, citing the lack of public comment on the issue. City Attorney Fischer stated that she would review the issue and report back to the Council City Manager Noe said he would notify Ms. Dougherty about the results. ,** Mayor Garrett announced the executive sessions, which were listed on the agenda as follows, noting that Item 45 was withdrawn: 41. Executive session under Texas Government Code Sections 551.071 and 551.072, to consult with attorneys regarding legal issues relating to a proposed groundwater project with the San Patricio Municipal Water District, and deliberate about Real Property, with possible discussion and action related thereto in open session. 42. Executive session under Texas Government Code Section 551.072, deliberations about real property and Section 551.087, deliberations regarding economic development negotiations, as it relates to Coliseum Redevelopment, with possible discussion and action related thereto in open session 43. Executive session under Texas Government Code Section 551.071 regarding fire collective bargaining negotiations, with possible discussion and action related thereto in open session. 44. Executive session under Texas Government Code Section 551.071 regarding police collective bargaining negotiations. with possible discussion and action related thereto in open session. 45. WITHDRAWN Executive session under 551.074 of the Texas Government Code for deliberations regarding open session. The Council went into executive session. Minutes — Regular Council Meeting August 29, 2006 -- Page 20 The Council returned from executive session. Mayor Garrett opened discussion on Item 39 regarding the North Beach Area Improvements project. Assistant Director of Engineering Services Kevin Stowers stated that the staff was requesting the Council's authorization of two construction contracts. The first contract, in the amount of $137,925.24, was with Nuway International Inc. for Base Bid A and Additive Alternate Al. The second contract, in the amount of $250,059.90, was with Garrett Construction for Base Bid B and Additive Alternate B1. There were no comments from the public. City Secretary Chapa polled the Council for their votes as follows: 39.a. MOTION NO. 2006-274 Motion authorizing the City Manager or his designee to execute a construction contract with Nuway International, Inc., of Corpus Christi, Texas in the amount of $137,925.24 for the North Beach Area improvements for Base Bid A and Additive Alternate Al. (BOND ISSUE 2004) The foregoing motion was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Marez, and Noyola, voting "Aye"; Kinnison and Scott were absent. 39.b. MOTION NO. 2006-275 Motion authorizing the City Manager or his designee to execute a construction contract with Garrett Construction, of Ingleside, Texas in the amount of $250,059.90 for the North Beach Area Improvements for Base Bid B and Additive Alternate B1. (BOND ISSUE 2004) The foregoing motion was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Marez, and Noyola, voting "Aye"; Kinnison and Scott were absent. Mayor Garrett referred to the presentations on the day's agenda. The first presentation was Item 33, a quarterly report on the city's ADA Title 11 Transition Plan and Non -Discrimination Ordinance. Director of Human Relations Leon Bazar reported on accessibility improvements in public facilities. He said the Engineering Services department had completed the barrier -removal project for accessibility within 26 city public facilities. In addition, he said the Committee for Persons with Disabilities, working with Engineering services, had reviewed the street and curb ramp work identified in the Transition Plan. and completed its recommendations on the downtown project proposa. Mr. Bazar discussed accessibility improvements in public programs. He said the Police department had completed training of Citizens Academy volunteers and initiated the implementation of an ADA Parking Monitor program. He said an average of eight volunteers had generated approximately 150 ADA -related parking citations in a 2-1/2 month period. Mr. Bazar said Police Chief Bryan Smith and Judge Rudy Tamez would update the Council on the program status. Mr. Bazar discussed accessibility improvements in site development. He said one Human Relations staff member attended the State of Texas Academy on Accessibility Standards, bringing the total number of trained employees to seven. In addition, he said TDLR was expected to conduct a mini -course in October for local architects and additional city employees. Mr Bazar reported on accessibility improvements in outreach. He said Human Relations Minutes — Regular Counci Meeting August 29. 2006 — Page 21 continued to train new employees, Customer Service trainees, and Supervisory Training participants in diversity awareness, sensitivity training, and People First language. He also stated that Human Relations had reviewed and provided technical assistance for the Sail -Away program and Miracle League baseball field. Finally, he said they had coordinated a UDC hearing for representatives of persons with disabilities. Mr Bazar reported on accessibility improvements regarding citywide curb ramps. He said the city currently had 33 ADA curb ramp projects or ADA related path of travel projects under Bond 2004. As of June 30, 2006. he said 14 were in design phase, six were under construction and 13 had been completed. Mr Bazar reported on the ADA complaints filed under the city's Non -Discrimination Ordinance. He said a total of 217 complaints were filed based on disability as follows: three on places of public accommodation (public businesses); one referral to other governmental entities; 207 complaints on city public facilities and program (16 regarding automated trash pick up services); and six complaints for other sidewalk obstructions and accessible paths of travel issues. Mr Bazar briefly covered the Human Relations department's responsibilities regarding EEOC and HUD Fair Housing Act enforcement. He said 33 EEOC employment discrimination complaints were filed during this quarter: of the 33 complaints, six were No Fault settlements. He said the statute/basis for the discrimination charges were as follows: sex -44 percent; race/national origin — 39 percent; and ADA — 33 percent Finally, he discussed the department's EEOC outreach efforts. Regarding the HUD Fair Housing contract. he said the department closed three HUD Fair Housing cases this quarter. Mr Bazar introduced Ms. Crystal Lyons, Human Relations Commission chairman, who updated the Council on the commission's activities and focus issues. Mr. Bazar provided an update on the activities and focus areas of the Committee for Persons with Disabilities. Ms. Lyons stated that Ms. Linda Falwell -Stover, chairman of the Committee for Persons with Disabilities, would also provide a written report or their progress The next presentation was Item 34, a report on the FY 2005-06 Neighborhood Initiative Program "NIP" progress report and Neighborhood Pride Program sustainability efforts. Ms. Yvonne Haag, Director of Neighborhood Services, reviewed the locations of NIP neighborhoods #1-10, undertaken in FY 2003-2005. She then provided an update on NIP areas 11-15, which were undertaken in FY 2005-06. She said NIP #11, bounded by Old Brownsville, Morgan, Osage, Highland, S. Port, and Greenwood Roads, was undertaken from September 13 to October 12, 2005. She said NIP #12 bounded by Nueces Bay Blvd, W. Broadway, N. Port, and IH -37, was undertaken from October 25 to Nov. 17 2005. She said NIP #13, bounded by S. Port, Agnes, Crosstown Expressway, and Morgan Streets, was undertaken from January 10 to February2, 2006. NIP #14, bounded by Waldron Road, NAS, Skipper, Laguna Madre and SPID, was undertaken from March 21 to April 18, 2006 Finally. she said NIP #15, bounded by Baldwin, Crosstown Expressway, Morgan. S. Staples and Ayers Road. was undertaken from May 16 to June 8, 2006. Ms. Haag briefly mentioned the NIP Action team members as follows: Development Services, Engineering, Fire, Gas, Health/Animal Care, Human Relations, Code Enforcement, Police, Parks and Recreation, Sodd Waste, Street, and Storm Water. Ms. Haag discussed the NIP's current funding and resources. She said $400,000 in CDBG funding was allocated to cover costs for code enforcement officers, project coordinator, and part- time administrative staff salaries, as well as lot clearing, mowing and board -ups. She said an estimated $1.5 million in General Fund and Utilities funds also covered program costs. Minutes - Regular Counci, Meeting August 29. 2006 - Page 22 Ms. Haag reviewed the components of the NIP Action Plan and timeline as follows: pre- assessment; neighborhood meeting; develop customized Action Plan; and establish Neighborhood Outreach Center. She also briefly mentioned the special activities included in Action Plan, such as Paint with Pride and rabies clinics. Ms. Haag described the post -assessment and evaluation period, which included a progress report and celebration meeting. Ms. Haag provided a progress report on NIP Sites 11-15, highlighting the following aspects: police/directed patrol - 599 traffic citations issued, 175 arrests made; code enforcement - 550 Tots mowed and cleared. 750 abandoned/junk car cases; Solid Waste - 887.52 tons of trash collected; Streets - 88 residential streets serviced; Engineering services - 450 traffic vision obstructions resolved, 124 street lights replaced; Health/Animal Care - 136 animals impounded; and Storm Water -- 594 inlet inspections, 61.62 tons of debris removed. Ms. Haag provides a brief update on the Neighborhood Pride Program, the sustainability effort for the NIP. In response to Councilmember Garcia's question, Ms. Haag stated 50 percent of NIP Sites 1 to 15 had sustained the improvements since 2004. Mr. Garcia asked what the city could do to increase the participation rate. Ms Haag replied that staff was increasing their education efforts. Ms. Haag announced the list of five recommended neighborhood sites for the FY 2006-07 NIP as follows. Site 16 - bounded by SPID, Kostoryz, Holly, and Ayers (Sacky) - Sept. 11 to Sept. 29, 2006; Site 17 - bounded by Ayers, Baldwin, S. Staples, Annapolis, and Fannin (Sam Houston) - Oct. 9 to Oct. 27, 2006; Site 18 bounded by Ayers, Horne, Kostoryz, and Gollihar (ABC Streets) - Jan. 8 to Jan. 26, 2007; and Site 19 - bounded McLeod, Bartlett, Old Robstown, S.W. & N. Saxet, Brooks. and Wilson - Feb. 5 to Feb. 23, 2007; and Site 20 - bounded by Ayers, Gollihar, SPID, and Kostoryz (ABC Streets i - April 9 to April 27, 2007 Ms. Haag briefly described the Site Selection process. Councilmember Marez asked why the Del Mar College campus was included in the boundaries of NIP Site 17. He felt Del Mar should be excluded from the boundary, and the boundaries expanded to include the area near Sam Houston. He believed this would create more cohesiveness between NIP Sites 17 and 18. Ms. Haag replied that Del Mar College was included more as a community partner; she emphasized the College would not receive any city services. She said however, that staff would review the boundaries as requested. Mr Kelly asked staff to review the boundaries of NIP Site 19, because it appeared that one block had been carved out of the boundaries. Ms. Haag replied that it might be a vacant lot, but said she would look intc it. in conclusion, Ms. Haag thanked the city's community partners for their assistance in making the program a success % * * * * ,r * * ,t ,r * Mayor Garrett opened discussion on Item 40 regarding contracts for Phases IV and V of the Runway 17/35 and related Improvements. Assistant Director of Engineering Services Kevin Stowers stated that the three-part item included an appropriation of $500,000 from the Airport Capital Reserve fund, and construction contract awards with Bay Limited; and PSI, Incorporated. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: Minutes — Regular Counci Meeting August 29, 2006 — Page 23 40.a. ORDINANCE NO. 026967 Ordinance appropriating $500,000 from the Airport Capital Reserve Fund 4611; transferring to and appropriating in the Airport Capital Improvement Program Fund - Capital Reserve Fund 3020A for the Corpus Christi International Airport Runway 17/35 Improvements, Shoulders, Lighting, Blast Pads, Signage and Airfield Drainage Improvements, Phase IV and Corpus Christi International Airport Apron Phase II Westside (Parking) Project; amending FY 2004-2005 Capital Budget adopted by Ordinance No. 026188 to increase appropriations by $500,000; amending FY 2006-2007 Operating Budget adopted by Ordinance No. 026908 to ncrease appropriations by $500,000. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Garcia, Kelly, Kinnison, Marez, and Scott, voting "Aye"; Chesney and Cooper were absent: Noyola abstained. 40.b. MOTION NO. 2006-276 Motion authorizing the City Manager or his designee to execute a construction contract with Bay Limited, of Corpus Christi, Texas in an amount not to exceed $9,678,617.40 for the Corpus Christi International Airport Runway 17/35 Improvements, Shoulders, Lighting, Blast Pads, Signage and Airfield Drainage Improvements Phase IV and Corpus Christi International Airport Rehabilitation Air Carrier Apron Area. The foregoing motion was passed and approved with the following vote: Garrett, Garcia, Kelly, Kinnison, Marez, and Scott voting "Aye"; Chesney and Cooper were absent; Noyola abstained. 40.c. MOTION NO. 2006-277 Motion authorizing the City Manager or his designee to execute a Geotechnical Services Contract with Professional Services Industries, Inc. (PSI), of Corpus Christi, Texas in an amount not to exceed $70,578 for the Corpus Christi International Airport Runway 17/35 improvements, Shoulders, Lighting, Blast Pads, Signage and Airfield Drainage improvements, Phase V and Corpus Christi International Airport Rehabilitation Air Carrier Apron Areas. The foregoing motion was passed and approved with the following vote: Garrett, Garcia, Kelly, Kinnison. Marez, and Scott voting "Aye"; Chesney and Cooper were absent; Noyola abstained. Mayor Garrett called for the City Manager's report. City Manager Noe reported that Assistant Fire Chief Rick Trevino had been mobilized on Monday as part of the 17 -member Texas Task Force 1 Urban Search and Rescue team. He said the team would be deployed as a precautionary measure to assist in preparations for Tropical Storm Ernesto. Mr. Noe stated that six members of the Fire Department were members of the team, but Chief Trevino was the only member who had been mobilized at this point. City Manager Noe announced that the city was hosting the State Recycling Conference on Aug. 28 -30, Omni Bayfront Hotel. The city expected approximately 300 attendees. City Manager Noe reported that the following items were scheduled for consideration on Minutes — Regular Counci, Meeting August 29, 2006 — Page 24 September 12 ad valorem tax rate adoption; interlocal agreement with Port Aransas for emergency operations support; and renewal of agreements with CCISD and other organizations for refuges of last resort program during a hurricane Mayor Garrett reported that he had received calls regarding the Latchkey program at Prescott Elementary, saying that the program may be discontinued due to lack of participants. He said the program currently had 13 participants, and the parents were concerned that they would lose the assistance. City Manager Noe replied that staff regularly advised parents when the participation rate dipped below the minimum threshold of 20 children, so they could help recruit other members. in the event that the Prescott site was closed, he said staff worked with the parents to try to move their children to another site nearby in response to Mayor Garrett's question, Director of Aviation Dave Hamrick stated that the secondary runway would be shut down for approximately 250 calendar days, but it should not affect service Mayor Garrett asked for a status report on the Southside Transmission Main project. City Engineer Escobar reported that Phase 5 of the program, affecting Laguna Shores Road, had begun on Whiteley Road. in response to the Mayor's question, Mr. Noe replied that staff would be scheduling a briefing on the city's water management and conservation. in response to the Mayor's question, Mr. Noe stated that the city was still maintaining its parks. He noted, however, that most of the city's parks were not irrigated and if the grass was brown, it was due to the dry weather. Mayor Garrett called for Council concerns and reports. Regarding the requested water management report, Mr. Scott asked staff to include the future potential projects the city was working on. Mr. Scott also asked for a report on a problem with sand blowing up on the Island seawall. City Engineer Escobar replied that the city had put in a request with the Corps of Engineers to see if the sand could be redistributed City Manager Noe said he would look into it. Mr Scott reported on problems with the maintenance requirements for the Ennis Joslin median landscaping. City Manager Noe replied that last Friday, TxDOT's contractor turned over the median to the city for maintenance. He said the contractor was not maintaining the landscaping, but now the city would add it to its maintenance schedule. Mr. Scott emphasized that the portion near Ennis Joslin and Ocean Drive was in poor shape, and needed to be addressed as soon as possible. inally. Mr. Scott asked staff to place the draft beach access plan on the city's website for viewing Councilmember Garcia asked for an update on a complaint by Mr. Joe Cordo regarding Westview. City Engineer Escobar said he would find out and report back to him. Mr. Garcia also asked for more information on streetlight technology to prevent the running of red lights. Mr. Noe said the technology was proven to be effective; rather, the issue was on program development. He said the city was going to nold a demonstration at selected intersections to see which technology suited the city's needs best Mr Garcia asked if Police Chief Bryan Smith could attend the Council's town hall meetings. City Manager Noe answered affirmatively and also suggested that the Directed Patrol Officer for that area attend as well Minutes — Regular Counci Meeting August 29, 2006 — Page 25 There being no further business to come before the Council, Mayor Garrett adjourned the Councii meeting at 3:36 p m. on August 29, 2006.