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.