HomeMy WebLinkAboutMinutes City Council - 09/19/2006I HEREBY CERTIFY that the foregoing is a true and correct copy of the minutes of the Regular
Meeting of the Corpus Christi City Council of September 19, 2006, which were approved by the
City Council on September 26, 2006.
v ITNESSETH MY HANI) AND SEAL, on this the 26th day of September, 2006.
.Armando Chapa
City Secretary
SEAL
PRESENT
Mayor Henry Garrett
Mayor Pro Tem Jesse Nov-ola
Council Members:
Brent Chesney
Melody Cooper
Jerry Garcia
Bill Kelly
Rex Kinnisor
John Marez
Mark Scott
MINUTES
CITY OF CORPUS CHRISTI, TEXAS
Regular Council Meeting
September 19, 2006 - 10:00 a.m.
City Staff:
City Manager George K. Noe
City Attorney Mary Kay Fischer
City Secretary Armando Chapa
Mayor Garrett called the meeting to order in the Council Chambers of City Hall.
The invocation was delivered by Pastor Ken de Koning of Waldron Road Baptist Church and
the Pledge of Allegiance to the United States flag was led by Council Member Chesney.
Mayor Garrett called for approval of the minutes of the regular Council meeting of September
12, 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:
Ettics Commission
Linda Figueroa (Reappointed)
Harlan Heitkamp (Reappointed)
Joe Guzman (Reappointed)
Miguel Carranco (Appointed)
John de Montel (Appointed)
Mayor Garrett opened discussion on Item 14.a. regarding an amendment to the proposed FY
2007 Capital Budget prior to second reading. City Secretary Chapa announced that Item 14.a.
needed to be amended to replace the word "opposing" with "approving". A motion was made,
seconded. and passed to amend Item 14.a. as stated by Mr. Chapa.
Mayor Garrett opened discussion on Item 14.b. regarding the adoption of the FY 2007
Capital Budget. Assistant City Manager Oscar Martinez explained that the Capital Budget included
both short-term and long-term plans for all the major expenditure categories, such as the Airport,
Gas, Park and Recreation. Streets, Storm Water, Water Supply, and Public facilities. Last week, he
said staff had presented a proposed CIP budget of $146.5 million, and included a potential
$500,000 amendment for ,additional Storm Water projects. Since the Council concurred with the
amendment, he said staff was presenting an amended budget of $147 million. There were no
comments from the public City Secretary Chapa polled the Council for their votes as follows:
Minutes - RegularCounci Meeting
September 19 2006 - Page 2
14.a MOTION NO. 2006-310
Motion to amend prior to second reading the Ordinance opposing approving the FY 2007
Capital Budget in :he amount of $146,494,500 by increasing the amount of the Capital
Budget by $500,000 for additional Storm Water projects.
The foregoing rnoion was passed and approved as amended with the following vote:
Garrett, Chesney. ,"Jooper. Garcia, Kelly, Kinnison. Marez, Noyola, and Scott, voting "Aye".
14.b. ORDINANCE NO. 026997
Approving the FY 2007 Capital Budget in the amount of $146,994,500. (First Reading
09/12/06
The foregoing ordinance was passed and approved on its second reading with the following
vote: Garrett, Chesney, Cooper. Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting
"Ave".
Mayor Garrett referred to Item 12, a presentation on the Tule Lift Bridge project by Mr. Frank
Brogan, Port of Corpus Christi Authority. Mr. Brogan provided brief background information on the
bridge. He said the bridge was built in 1959 and rebuilt in the 1990s at a cost of $11 million. He
said the bridge's operational costs were $1.1 million a year. In 2005 alone, he said the bridge was
raised 10,562 times, and the rate was increasing over ten percent per year. He noted that the bridge
provided the only rail connection to the north side of the ship channel.
Mr. Brogan discussed the repairs needed for the bridge. Although the bridge was not in
danger of falling, he said its main problem was with the deteriorating condition of the machinery that
raises and lowers the bridge. Mr. Brogan displayed a number of slides depicting the deteriorating
condition of the bridge. He highlighted the issues related to the cracks in the sheaves, shafts and
struts. He noted that the sheaves were not readily available items shelf items, requiring eight
months to order and receive. He discussed the Port's efforts to monitor and repair the cracks but
stated that the damage had outpaced their efforts He said the Port had budgeted funds to replace
the pulleys and the shafts on the south side; the parts had been ordered and would be received the
beginning of next week at a cost o+ $800 000.
Mr Brogan mentioned a number of statistics regarding bridge operations. He said the bridge
was raised an average of 34 times a day and had an average of 1,017 openings per month. He also
provided the following statistics on daily openings: 3.8 times per day for ships, 3.4 times per day for
harbor tugs, and 26.6 times per day for barges.
Mr Brogan discussed the available repair alternatives and the pros and cons for each. He
said the Port was recommending Alternative No 4, which was to maintain the bridge in the up
position while expediting the Fulton Rail construction project. He said this alternative would limit
bridge openings to 1-2 per day for trains only, with the only exception being if the Harbor Bridge was
incapacitated due to an emergency situation. Consequently, he said the average openings were
expected to drop from 1,017 per month to 50 per month or 600 per year, extending the life of the
bridge. He said the expedited construction plan would allow for the completion the Fulton Rail
project in 12 months or less, thereby creating an alternate route for rail traffic. Ultimately Mr. Brogan
said the Tule Lift Bridge would need to be removed. however, since it was not cost effective to
replace according to a recent TXDOT study.
Minutes - Regular Counci Meeting
September 19 2006 - Page 3
Mr. Brogan discussed the Port's coordination efforts with its customers. He said they sought
input on the least damaging alternative for the project with the Coast Guard, Port Industry, Nueces
County Commissioners Court, TMISD. and with the City Council today. He stated that the closure
advisory message board was in place, thanks to city staff efforts. In addition, he said the Port would
be meeting with the railroads on September 21 He said the Port planned to announce the
selected alternative right away. so the work could be begin promptly. Thus, he said the vehicular
closure associated with the work would begin or Friday, September 22nd. He displayed a map
detailing the detour routes to the north and south sides of the channel, which would be used when
the bridge was dosed dun ng construction: He emphasized, however, that the lift bridge could be
lowered it an emergency
Council members asked questions regarding emergency situations, truck traffic delays,
repairs to the south tower and timeline for removing the bridge.
Mr Tom Curlee witn the Port Industries reported on the Port of Corpus Christi's coordination
efforts with their organizaton.
Mayor Garrett called for consideration of the consent agenda (Items 3 -9). City Secretary
Chapa announced that Mr Noyola was abstaining from the vote and discussion on Item 9. There
were no comments from the public Councilmember Marez requested that Item 6 be pulled for
individual consideration. A motion was made and passed to approve Items 3 through 9, constituting
the consent agenda, except for Item 6. which was pulled for individual consideration. City Secretary
Chapa polled the Council 'or their .cotes as follows
3.a. RESOLUTION NC 026988
Resolution authorizing the City Manager or his designee to accept a grant from the
Department of State Health Services in the amount of $144,350 for personnel and fringe
benefits for an immunization program for children, adolescents, and adults, with special
emphasis on children two years of age and younger.
The foregoing resolution was passed and approved with the following vote: Garrett,
Chesney. Cooper, Garcia, Kelly. Kinnison Marez, Noyola, and Scott, voting "Aye".
3.b. ORDINANCE NO. 326989
Ordinance appropriating a grant from the Department of State Health Services in the amount
of $144,350 in the No. 1066 Health Grants Fund for personnel and fringe benefits for an
immunization program for children, adolescents, and adults, with special emphasis on
children two years of age and younger.
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
September 19 2006 - Page 4
4.a. RESOLUTION NC 026990
Resolution authorizing the City Manager or his designee to accept a grant from the
Department of State Health Services in the amount of $300,950 for personnel, fringe
benefits, travel, equipment, supplies, and other expenses relating to a plan for responding to
an act of terrorism
The foregoing resolution was passed and approved with the following vote: Garrett,
Chesney. Cooper, Garcia, Kelly Kinnison Marez, Noyola, and Scott, voting "Aye".
4.b. ORDINANCE NO. 026991
Ordinance appropriating a grant from the Department of State Health Services in the amount
of $300,950 in the No 1066 Health Grants Fund for personnel, fringe benefits, travel,
equipment, supplies, and other expenses relating to a plan for responding to an act of
terrorism
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"
5.a. RESOLUTION NC 026992
Resolution authorizing the City Manager or his designee to accept a grant from the State of
Texas, Office of Governor. Criminal Justice Division in the amount of $11,997 for the
Juvenile Accountability incentive Block Grant Program to reduce juvenile delinquency,
mprove the juvenile justice system, and increase accountability of juvenile offenders, with a
City match of $1,333 in the No 1020 General Fund, and a total project cost of $13,330.
The foregoing resolution was passed and approved with the following vote: Garrett,
Chesney Cooper. Garcia. Kelly. Kinnison Marez, Noyola, and Scott, voting "Aye".
5.b. ORDINANCE NO. 026993
Ordinance appropriating $11,997 from State of Texas, Office of the Governor, Criminal
Justice Division in the No. 1061 Police Grant Fund for eligible funding under the Juvenile
Accountability Incentive Block Grant Program to reduce juvenile delinquency, improve the
juvenile justice system, and increase accountability of juvenile offenders; transferring $1,333
from the No 1020General Fund and appropriating it in the No. 1061 Police Grant Fund as
grant matching funds; appropriating $5,500 of estimated program income in the No. 1061
Police Grant Fund
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 :..ounci Meeting
September 19 2006 -- Page 5
6. MOTION NO. 2006-307
Motion authorizing the City Manager or his designee to execute a one-year Professional
Services Agreement with Granicus, Inc., of San Francisco, California in the amount of
S51,388 for video streaming services, with option to extend for up to three additional one-
vear terms n the amount of $21 600 annually.
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. 2006-308
Motion authorizing the City Manager or his designee to execute an annual joint funding
agreement with the United States Geological Survey (USGS), United States Department of
the Interior, for the continuation of surface water data collection and limited studies by the
USGS for the City's water supply activity; and providing for the City to pay the USGS the
amount of S221,7- 0, out of a total project cost of $280,485 during the federal fiscal year
October 2006 through September 30. 2007
The foregoing motion was passed and approved with the following vote: Garrett, Chesney,
;Cooper, Garcia. Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye".
8. MOTION NO. 2006-309
Motion authorizing the City Manager or his designee to execute an agreement to renew the
contract with C. W Campbell Electric, of Corpus Christi, Texas for O. N. Stevens Water
Treatment Plant On -Going Instrument Maintenance Program FY 2006-2007 (8562), in the
amount of $185,400, for an additional one-year period (by exercising the one-year renewal
option under the contract with C W Campbell Electric approved by Council on August 23,
2005 (Motion No. 2005-267))
The foregoing motion was passed and approved with the following vote: Garrett, Chesney,
Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye".
ORDINANCE NO. 026994
Authorizing the City Manager or his designee to execute an Oil and Gas Lease with EOG
Resources, Inc. on approximately 160 gross acres of land owned by the City of Corpus
Christi near the Corpus Christi International Airport fora cash bonus bid of $26,140, $25.00
per acre delay rentals, 25% royalty, with a three year term, as may be extended indefinitely
y continuing drilling operations. (First Reading 09/12/06)
The foregoing ordinance was passed and approved on its first reading with the following
vote: Garrett. Chesney. Cooper. Garcia, Kelly, Kinnison, Marez, and Scott, voting "Aye";
Noyola abstained.
Mayor Garrett opened discussion on Item 6 regarding a video streaming services agreement.
Councilmember Marez expressed concern about the sound and video quality of the current service.
He asked if the new services agreement would address these problems. Director of E -Government
Services Susan Cable replied affirmatively, saying that the current streaming application needed to
be upgraded. in recent years, she said several national vendors have developed integrated video
services for municipal governments. providing opportunities for expanded applications, staff
efficiencies and cost savings She said the City would see cost savings beginning in year two.
Minutes - Regular Counci Meeting
September 19 2006 - Page 6
There were no questions from the public. City Secretary Chapa polled the Council for their votes as
follows
6. MOTION NO. 2006-307
Motion authorizing the City Manager or his designee to execute a one-year Professional
Services Agreement with Granicus, Inc., of San Francisco, California in the amount of
$51,388 for video streaming services, with option to extend for up to three additional one -
Year terms n the amount of $21 600 annually.
The foregoing motion was passed and approved with the following vote: Garrett, Chesney,
Cooper, Garcia Kelly, Kinnison, Marez, Noyola, and Scott. voting "Aye".
Mayor Garrett referred to Item 10 and a motion was made, seconded and passed to open
the public hearing on the following zoning case:
Case No. 0406-04, Mirabal Development Group: A change of zoning from a "R-1 B" One -
family Dwelling District to a "A-1" Apartment House District in Bass Subdivision, Block 27,
-ot H, located on the south side of Sandra Lane, approximately 1,900 feet east of Airline
Road.
City Secretary Chapa stated the Planning Commission and staff recommended denial of the
"A-1" Apartment House District and approval of a "R-2" Multiple Dwelling District with a "PUD -2"
Planned Unit Development Overlay -2
No one appeared in opposition to the zoning change. A motion was made to close the public
hearing, seconded and passed Mr. Chapa polled the Council for their votes as follows:
10. ORDINANCE NO. 326995
Amending the Zoning Ordinance, upon application by Mirabal Development Group, by
changing the zoning map in reference to the Bass Subdivision, Block 27, Lot H, from "R-1 B"
One -family Dwelling District to 'R-2" Multiple Dwelling District with a "PUD -2" Planned Unit
Development 2 Overlay, subject to a site plan and six conditions; amending the
Comprehensive Plan to account for any deviations from the existing Comprehensive Plan;
providing a penalt\
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Garrett. Chesney, Cooper; Garcia, Kelly, Kinnison, Marez, Noyola, and
Scott, voting "Aye"
Mayor Garrett referred to Item 1' and a motion was made, seconded, and passed to open
the public hearing on the following zoning case.
Minutes - Regular Councr Meeting
September 19 2006 - Page 7
11. ORDINANCE NO. 026996
Amending the Zoning Ordinance, upon application by LaMarr Womack & Associates, LP, by
changing the zoning map in reference to Abstract 850, Survey 443, Tract 7, being 4.447
acres from `R -1B" One -family Dwelling District to "B -1A" Neighborhood Business District;
amending rhe Comprehensive Plan to account for any deviations from the existing
Comprehensive Plan; providing a penalty
Ar emergency was declared, anc the foregoing ordinance was passed and approved with
the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and
Scott, voting ''Aye"
The Council recessed for a meeting of the Corpus Christi Community Improvement
Corporation (CCCIC).
Mayor Garrett referred to item 13, an presentation updating the Council on Bond 2004
projects (Report #3), comprised of Street Improvement Projects and Public Health & Safety, Public
Facility, Park & Recreation/Museum and Bayfront Development Plan projects. Director of
Engineering Services Angel Escobar announced that today's update would be available on the
Internet at http !/www.ccbGndissue corn at the end of the week.
Mr. Escobar referred to Exhibit A. a project timeline for the street improvement projects. The
timeline referenced the sequence number, the A/E Consultant, approved bond cost and the
anticipated schedule of the projects. Regarding the Downtown Redevelopment Participation project
(Sequence No, 24). Council Member Marez asked if the $250,000 in funds was earmarked for any
specific street projects. Mr Escobar replied negatively, saying that the Downtown Redevelopment
Committee was working on recommendations and would forward them to the Council in October.
City Manager Noe added that the Downtown Management District had requested approximately
$30,000 in funds for the La Retama Park project Mr. Marez stated that in the future, he would
prefer that the City have a definite plan far the use of bond funds, with more earmarked projects.
:n response to Mr. Scotts question, he said that most of the street improvement contracts
would be awarded within the next twelve months, for a total of $33 million. Mr. Scott noted that the
total bond package for street improvement was $68.35 million, so in effect approximately half of the
funding would be used in 'he next twelve months
Mayor Garrett expressed concern about the inferior quality of some of the previous Bond
2004 work. Mr. Escobar replied that staff was requiring structural value of the pavement design
remain at the twenty year level In addition, he said the City was allowing the contractors to
schedule their work at their discretion. as long as they worked within the approved project
timeframe. He also said staff was providing the contractors with options for materials that were pre -
approved by staff
Mr Escobar referred to Exhibit 3, a project timeline for Public Health & Safety, Public
Facility Park and Recreation/Museum and Bayfront Development Plan projects. The timeline
referenced the sequence number the A/E Consultant, approved bond cost and the anticipated
schedule of the proects. In response to Mr. Garcia's question regarding the Bayfront Development
Plan Phase 1 project (Sequence No. 37, Mr. Escobar stated that the final conceptuals for the
project would be completed next month He said the project would be let within the April to June
2007 timeframe. He said the project construction was scheduled between July 2007 to December
Minutes - Regular Counca Meeting
September 19 200E - Page 8
2009.
Mayor Garrett called for the City Manager's report. City Manager Noe announced that the
Packery Channel dedication ceremony was scheduled to take place on December 6th at 2:15 p.m.
He said this date would accommodate Senator Kay Bailey Hutchison's schedule, who served as an
important player in the project's success
Mr. Noe also reported that the last class of the inaugural Citizen University was scheduled on
September 27'h from 6 to 8:30 p.m. Galvan House. He invited the Council to participate in the panel
discussion scheduled frorr 6:50 p.m. to 7 45 p.m. He stated that the inaugural class was comprised
of 30 residents who attended classes over a seven month period. Mr. Noe said the City was
accepting applications for the second class now. Mr. Noe noted that the University class structure
had been changed basec on the participant input. He said the changes included an October
through May class schedule and extended hours for classes (from 2 1/2 to 3 hours). For more
information. Mr. Noe said citizens could refer to the City's website or contact the Public Information
Office.
Mr Noe stated that the following items were scheduled for the September 26th Council
meeting: text amendments on wind energy; fourth quarter budget presentation; and various Bond
2004 project contracts
Mayor Garrett asked for an update on whether a sign located on South Padre Island Drive
violated the State's Highway Beautification Act. Mr. Noe replied staff had contacted TXDOT
regarding the sign and was awaiting a final interpretation from the State. While TXDOT had issued
a statement that they considered the sign to be illegal, he said there was a question regarding the
State's interpretation on the legality of the sign. Mayor Garrett and Mr. Noyola took offense to a
TXDOT official's public announcement that the sign was illegal prior to the State's formal decision.
They asked staff tc contin.ie working with TXDOT to resolve the matter promptly.
Mayor Garrett called for Councii concerns and reports. Mr. Noyola asked staff to work with
the RTA on providing shade structures at bus stops. In response to Mr. Noyola's question regarding
the West Oso terms court project, Mr. Noe said that the City still planned to transfer ownership of
the courts to West Oso upon project completion. Mr. Noyola also reported on a citizen complaint
regarding the King Estates Subdivision. He said a citizen residing at 5513 King Trail reported that
due to the developers negligence, the neighborhood was experiencing recurring drainage problems.
He asked staff to investigate.
Mr Marez asked staff to investigate a problem with a pack of wild dogs at 2213 Soledad. Mr.
Marez also stated he had received complaints regarding the height of the speed bumps/crosswalks
at the Port Ayers bus station. Mr. Noyola stated that it was a long-standing problem that the RTA
had stili not addressed. Assistant City Manager Ron Massey added that the City had attempted to
raise the height of the street to smooth out the speed bumps to no avail.
Ms. Coope' askec for an update on the City's NLC Inclusive Neighborhoods Initiative
application. Mr. Noe responded that the City had not yet received a response from NLC. Ms.
Cooper asked staff to follcw up on the application's status.
Mr Garcia thankec staff for attending yesterday's Town Hall meeting at Yeager Elementary.
He also asked Director of Neighborhood Services Yvonne Haag to remove an abandoned truck on
the 3500 block of Roscher Road, noting that the truck was gradually being stripped for parts.
Minutes - Regular Counci Meeting
September 19 2006 -- Page 9
Mayor Garrett called for petitions from the audience. Mr. Jack Gordy, 4118 Bray, spoke
regarding whether a sigr locatec on South Padre Island Drive violated the State's Highway
Beautification Act.
There being no further business to come before the Council, Mayor Garrett adjourned the
Council meeting at 11:35 a.m on September 19, 2006