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HomeMy WebLinkAboutMinutes City Council - 11/14/20061 ai LRE- B'Y CERT11-1' that the foregoing is a true and correct copy of the minutes of the Regular lies tin. otthe Corpus Christi Cite Council of November 14, 2006, which were approved by the t t. C( .n:+ -i1 on 1)(:x emht: 12. 206r, [NESS! SSi: I H til ;r HIND \NI) SEA1 . on phis the 12th day of December, 2006. Armando Chapa City Secretary L PRESENT Mayor Henry Garrets Manor Pro; Tem Mark Sco=t :;ouncil Members Brent Chesney Melody Cooper Jerry Garcia Bill Kelly Rex Kinnison John Marez Jesse Noyola MINUTES CIT" OF CORPUS CHRISTI, TEXAS Regular Council Meeting November 14. 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 Kevin Jennings of Mt. Olive Lutheran Church and the Pledge of Allegiance to the United States flag was led by Council Member Bill Kelly. Mayor Garrett called for approval of the minutes of the regular Council meeting of November 7 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: Citizens Advisory Health Board Amanda Stukenberg (Reappointed ) Regional Health Awareness Board Angela Womack (Reappointed) Weed and Seed Steering Committee Juan Meave, Jr. (Reappointed) Library Board Mary C. Christmas (Reappointed) Dr. A.N.M. Waheeduzzaman (Reappointed) Sam Beecroft (Appointed) Transportation Advisory Committee Mike Beavers (Appointed) * * Mayor Garrett called for consideration of the consent agenda (Items 3 - 18). Mr. Bill Kopecky requested that Item 8 be pulled for individual consideration. Mayor Garrett requested that Item 18 be pulled for individual consideration. City Secretary Chapa polled the Council for their votes as follows MOTION NO. 2006-371 Motion approving a supply agreement with the following companies for the following amounts for hot mixed asphalt, based on low bid, for primary and secondary awards, in accordance with the Bid Invitation No BI -0027-07 The term of the agreements shall be for six months with an option to extend for .p to five additional six-month periods, subject to the approval of the suppliers and the City Manager or his designee. Funds have been budgeted by Street Services !n Pr, �,. 2006-20O IM nate:- Regular C.,ounc3• Meeting Nemhe 14, 2006 • Page 2 HAt1 Materials, LTD Corpus Christi, Texas $499.200 Primary Supplier Bay, LTD Corpus Christi, Texas $144,028 Secondary Supplier Grand Total $643,228 rhe foregoing motion was passed and approved with the following vote: Garrett, Chesney, Toper. Garcia, Kelly. Kinnison. Marez, Noyola, and Scott, voting "Aye". MOTION NO. 2006-372 Motion approving a service agreement with Digital Mapping Services, L.P. of Corpus Christi, Texas for GIS mapping updates in accordance with the Cooperative Purchasing Agreement Neth the State of Texas in the amount of $45.000. Funds have been budgeted by the Water Department in FY 2006-2007 rhe foregoing motion was passed and approved with the following vote: Garrett, Chesney, .doper. Garcia, Kelly, Kinnison. Marez, Noyola, and Scott, voting "Aye". a RESOLUTION NO 027044 Resolution authorizing the City Manager or his designee to accept grant funding in the amount of $35,000 from the Texas Department of Transportation for an Impaired Driving Mobilization Selective Traffic Enforcement Project (STEP) grant for DWI enforcement Overtime within the Police Department and to execute all related documents. r}°e foregoing resolution was passed and approved with the following vote: Garrett, }esney, Cooper Garcia, Kelly, Kinnison. Marez, Noyola, and Scott, voting "Aye". 5 h JRDINANCE NO. 027045 Ordinance appropriating $35,000 from the Texas Department of Transportation for funding if an Impaired Driving Mobilization Selective Traffic Enforcement Project (STEP) grant for DWI enforcement overtime within the Police Department in the No. 1061 Police Grants An emergency was declared, and the foregoing ordinance was passed and approved with she following vote Garrett. Chesney, Cooper Garcia, Kelly, Kinnison, Marez, Noyola, and r ott, voting "Aye" E MOTION NO. 2006-373 Motion authorizing the City Manager or his designee to execute a lease agreement with the Nueces County Appraisal District for a two-year term with a right to renew for three additional ire -year periods beginning at $64,092 per year and providing for an annual adjustment according to the Consumer Price Index. rs;e foregoing motion was passed and approved with the following vote: Garrett, Chesney, roper. Garcia, Kelly, Kinnison Marez, Noyola, and Scott, voting "Aye". in -stet, - Regular Lound! Meeting N�ovemhe- 14, 2006 - Page 3 MOTION NO 2006-374 Motion authorizing the Director of the Public Health District to execute an agreement with the \ssociation of Public Health Laboratories for testing of environmental samples relating to a olan for responding to bioterrorism. e foregoing motion was passed and approved with the following vote: Garrett, Chesney, ;c,oper, Garcia, Kelly. Kinnison Marez, Noyoia. and Scott, voting "Aye". MOTION NO. 2006-375 Motion authorizing the City Manager or his designee to execute a professional services ;ontract with TriStem, Ltd. of Hewitt, Texas to conduct an audit and study of prior electric itfiity billings (including street light bills) billed to the City to determine whether amounts paid othe City were correct. -r. e foregoing motion was passed and approved with the following vote: Garrett, Chesney, ';roper, Garcia, Kelly, Kinnison Marez, Noyola, and Scott, voting "Aye". MOTION NO 2006-376 Motion authorizing the City Manager or his designee to extend the maintenance agreement tor twelve months with Vista Solutions Group. Inc. of Round Rock, Texas in an amount not 'o exceed $26,208 Included in the maintenance agreement are the VisiFlow applications ,itWlized by the Municipal Court. Finance. and Engineering Services Departments for electronic document archival and work flow routing. rhe foregoing motion was passed and approved with the following vote: Garrett, Chesney, open, Garcia, Kelly, Kinnison Marez, Noyola, and Scott, voting "Aye". DRDINANCE NO. 027047 )rdinance authorizing the City Manager or his designee to execute a short-term lease agreement. not to exceed one (1) year. with Chet Rasberry, in consideration of lessee's making improvements to the leased structures of a minimum value of $50,000 and an annual rental fee of $0.17 per square foot, to operate a helicopter maintenance facility and -le icopter charter operations on 91,250 square feet of land and improvements located at `;r)rpus Christi International Airport. Ar, emergency was declared, and the foregoing ordinance was passed and approved with he following vote Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, and Scott, 'cting "Aye Noyoia abstained FIRST READING ORDINANCE .)rdinance authorizing the City Manager or his designee to execute a twenty (20) year lease agreement with Chet Rasberry, in consideration of lessee's making improvements to the :eased structures of a minimum value of $50,000 and an annual rental fee of $0.17 per square foot. subject to scheduled increases, to operate a helicopter maintenance facility and neiicopter charter operations on 91,250 square feet of land and improvements located at ;grpus Christi International Airport; providing for publication. �n,ter> - Regular Counci< Meeting N -vemhe 14, 2006 Pace 4 "'I're foregoing ordinance was passed and approved on its first reading with the following -ole: Garrett_ Chesney. Cooper Garcia, Kelly, Kinnison, Marez, and Scott, voting "Aye"; Noyola abstained 1 =11RST READING ORDINANCE )rdinance amending Ordinance No. 027017 ordering a general election to be held on April `4 2007 in the City of Corpus Christi for the election of Mayor and eight Council Members 'o nclude an election for the continuation of the Crime Control and Prevention District and ,a'es tax for 10 years I e foregoing ordinance was passed and approved on its first reading with the following ote: Garrett, Chesney. Cooper Garcia. Kelly. Kinnison, Marez, Noyola, and Scott, voting A .i e". MOTION NO. 2006-377 Motion authorizing the City Manager or his designee to execute a construction contract in hf amount of $703,900 with Malek, Inc. of Corpus Christi, Texas for the Corpus Christi nternational .Airport Terminal Chiller Replacement 2006 project. e foregoing motion was passed and approved with the following vote: Garrett, Chesney, _;Doper, Garcia, Kelly. Kinnison, Marez, and Scott, voting "Aye"; Noyola abstained. MOTION NO. 2006-378 Motion authorizing the City Manager or his designee to execute a construction contract with RCM Constructors. Inc. of Corpus Christi, Texas in the amount of $249,000 for the Sanitary Sewer and Storm Water Manhole Ring and Cover Adjustment FY 2006-2007 for the Base Bi and Additive Alternates No 1 and 2 -he foregoing motion was passed and approved with the following vote: Garrett, Chesney, ';‘Toper, Garcia, Kelly, Kinnison Marez, Noyola, and Scott, voting "Aye". 15.a. RESOLUTION NO 027048 Resolution authorizing the City Manager or his designee to execute an Interlocal Agreement with the Downtown Management District of Corpus Christi, Texas and the Regional Transportation Authority of Corpus Christi, Texas for the DTown Streetscape and DTown Nayfinding Assessment Projects -he foregoing resolution was passed and approved with the following vote: Garrett, .t.°esney, Cooper `3arcia, Kelly. Kinnison, Marez, Noyola, and Scott, voting "Aye". ORDINANCE NO. 027049 )rdinance appropriating $24,000 from the Regional Transportation Authority and $24,000 'rem the Downtown Management District into the Street Capital Improvement Program Fund rVc 3530, for the DTown Wayfinding and DTown Streetscape Projects; amending the FY ,T06-2007 Capital Budget adopted by Ordinance 026997 to increase appropriations by 543,000. 141 nate:.. - Regular- C.ouncr Meeting (N Dvemhe 14, 2006 Pace 5 .fir emergency was declared, and the foregoing ordinance was passed and approved with �k following vote Garrett. Chesney. Cooper Garcia, Kelly, Kinnison, Marez, Noyola, and 3rott, voting ''Aye' MOTION NO. 2006-379 NA( )tion authorizing the City Manager or his designee to execute an architectural contract with >>gnac and Associates of Corpus Christi. Texas in the amount of $48,000 for the DTown Nayfinding and DTown Streetscape Projects Fhe foregoing motion was passed and approved with the following vote: Garrett, Chesney, ,oper, Garcia, Kelly. Kinnison Marez, Noyola, and Scott, voting "Aye". MOTION NO. 2006-380 Motion authorizing the City Manager or his designee to execute Change Order No. 1 to the Northwest Library Expansion Project with Nuway International, Inc. of Corpus Christi, Texas n 'he amount of $40,391.45 for a re -stated contract price of $1,419,340.03, for removal and enlacement of the external wall with water damaged building materials and asbestos e mediation (BOND ISSUE 2004) rhe foregoing motion was passed and approved with the following vote: Garrett, Chesney, ,doper, Garcia, Kelly, Kinnison. Marez, Noyola, and Scott, voting "Aye". JRDINANCE NO 027050 ordinance appropriating $522,721.46 from the unappropriated interest earnings from Water Dapital Improvement Program Fund 4083 for the required relocation and upgrade of an 8" waterline along the Joe Fulton Trade Corridor; amending the Capital Budget adopted by Ordinance No 026997 by increasing appropriations by $522,721.46. \i emergency was declared, and the foregoing ordinance was passed and approved with the following vote Garrett. Chesney, Cooper. Garcia, Kelly, Kinnison, Marez, Noyola, and 3rr.ott, voting 'Aye' MOTION NO. 2006-381 Motion authorizing payment to the Port of Corpus Christi in the amount of $522,721.46 for the relocation and upgrade of an 8" waterline along the Joe Fulton Trade Corridor as equired by an Interlocal Agreement approved by City Council on August 26, 2003 Resolution No. 025453). The foregoing motion was passed and approved with the following vote: Garrett, Chesney, Doper, Garcia, Kelly, Kinnison. Marez, Noyola, and Scott, voting "Aye". Mayor Garrett opened discussion on Item 8 regarding the installation of a monument at Sherrill Park. Mr. Bill Kopecky, 3609 Topeka, asked for the Council's commitment to maintain S`�errill Park as a war memorial. City Secretary Chapa polled the Council for their votes as follows: Minutes - Regular Council Meeting N9vember 14, 2006 Page 6 RE. SOLUTION NO 027046 'Resolution authorizing the City Manager or his designee to accept the donation of a n _ynument commemorating the World War II Pearl Harbor Survivors from Corpus Christi by ,stalling a monument in Sherrill Park. t e foregoing resolution was passed and approved with the following vote: Garrett, ; esney Cooper Garcia, Kelly. Kinnison, Marez, Noyola. and Scott, voting "Aye". Mayor Garrett opened discussion on Item 18 regarding the Sanitary Sewer Trunk Force Main and Lift Station In response to Mayor Garrett, Mr. Noe answered that this project was anticipated and previously approved by Council: this item is only an adjustment to the amount. City Secretary Chapa polled the Council for their votes as follows: 1B.MOTION NO. 2006-382 Motion approving an amendment to the Sanitary Sewer Trunk Force Main and Lift Station construction and Reimbursement Agreement submitted by Al Development, Inc., owner and -le veloper of South Fork Unit 4 Subdivision, to reflect a cost increase of $227,052.76 for the econstruction of the existing Master Plan Lift Station No. 1047 (Greenfields by the Bay), ated east of Rodd Field Road and south of Wooldridge Road. -he foregoing motion was passed and approved with the following vote: Garrett, Chesney, ;aoper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye". 1.r, ORDINANCE NO 027051 )rdinance appropriating an additional $227,052.76 from the Sanitary Sewer Trunk Trust -und No 250410-4220 to pay Al Development, Inc., for the construction and installation specified in the Sanitary Sewer Trunk Force Main and Lift Station Construction and Reimbursement Agreement Ar, emergency was declared, and the foregoing ordinance was passed and approved with `he following vote Garrett, Chesney, Cooper. Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye" Mayor Garrett referred to Item 20 and a motion was made, seconded and passed to open the oublic hearing on the following zoning case Case No. 1006-01, Young Men's Christian Association of Corpus Christi (YMCA): A change �f zoning from an °'A-1" Apartment House District to an "A-2" Apartment House District. The property being North half or Tract 'A" of the Stillman Tract, located between S. Carancahua Street and Upper South Broadway, adjacent to the existing YMCA building. ;i?y Secretary Chapa stated that the Planning Commission and staff recommended approval oa change of zoning from an "A-1" Apartment House District to an "A-2" Apartment House District. Ar.. one appeared In opposition to the zoning change. Mr. Noyola made a motion to close the public hearing, seconded by Ms. Cooper, and passed. Mr. Chapa polled the Council for their v tes as t lows M,n.-regular (..;ounci= Meeting Nr vemhe 14, 2006 Page 7 )RDINANCE NO :)27052 Arnending the Zoning Ordinance, upon application by Young Men's Christian Association of ;carpus Christi (YMCA), by changing the zoning map in reference to north half or Tract "A" of -hie Stillman Tract `rom "A-1" Apartment House District to A-2" Apartment House District; intending the Comprehensive Plan to account for any deviations from the existing rnprehens ve Plan; providing for penalty Ai emergency was declared, and the foregoing ordinance was passed and approved with following vote Garrett. Chesney, Cooper Garcia, Kelly, Kinnison, Marez, Noyola, and ott, voting "Aye` Mayor Garrett referred to Item 21 and a motion was made, seconded and passed to open the :)ubiac hearing on the following zoning case :ase No. 1006-02, J.P. Global Investments, Inc.: A change of zoning from a "R -1B" One- 'amily Dwelling District, "A-1" Apartment House District, "B-2" Bayfront Business District and I- 3" Heavy industrial District to a "R -E" Residential Estate District. The property being '7 441 acres of Lots 9 and 10 out of Section 54, Flour Bluff and Encinal Farm and Garden 7r=cts, located on the northwest side of Laguna Shores Road between Lola Johnson Road Ird Hustlin Hornet Drive (Purdue Road) ;iry Secretary Chapa stated that the Planning Commission and staff recommended approval at a change of zoning from a "R -1B ' One -family Dwelling District, "A-1" Apartment House District, "B-2" Bayfront Business District and 'I-3" Heavy Industrial District to a "R -E" Residential Estate D styiCt ''J one appeared in opposition to the zoning change. Ms. Cooper made a motion to close the aublsc hearing. seconded by Mr. Scott. and passed. Mr. Chapa polled the Council fortheirvotes as fellows 2 JRDINANCE NO. 027053 Arnending the Zoning Ordinance. upon application by J.P. Global Investments, Inc., by .hanging the zoning map in reference to 17.441 acres out of Lots 9 and 10, out of section `-4. Flour Bluff and Encinal Farm and Garden Tracts, from "R -1B" One -family Dwelling )istrict, 'A-1- Apartment House District. "B-2" Bayfront Business District and "1-3" Heavy ndustnal District to -R -E" Residential Estate District; amending the Comprehensive Plan to iccount for any deviations from the existing Comprehensive Plan; providing for penalty. Ar emergency was declared, and the foregoing ordinance was passed and approved with the following vote Garrett, Chesney, Cooper Garcia, Kelly, Kinnison, Marez, Noyola, and ott, voting "Aye" Mayor Garrett referred to Item 22, and a motion was made, seconded and passed to open the public hearing on the following zoning case ,::ase No. 1006-03. El Paso Cuatro LLC: A change of zoning from a "B-1" Neighborhood Business District to a "B-4" General Business District. The property being 2.899 acres or 26,297.23 square feet out of a portion of Lot 10 known as Lots 10E and 10F, Bancroft '7a -m Lotsocated on Villa Drive approximately 260 feet north of Leopard Street. - Regular C:ounck Meeting No\,emhe 14, 2006 - Page 8 :ty Secretary Chapa stated that the Planning Commission and staff recommended Approval c- the "B--1" General Business District on the east 522 41 feet of the subject property (Tract 1) and denial of the 'B-4" on the west 180 feet of the property (Tract 2), in lieu thereof, approval of a "B- 1 SP' Neighborhood Business District with a Special Permit for a mini -storage facility with five (5) c: r: -iition subject to the site plan `N,1 one appeared I - opposition to the zoning change. Mr Garcia made a motion to close the pubic nearing, seconded by Mr Scott. and passed. Mr. Chapa polled the Council fortheirvotes a.- 7)Ilo�r� :3RDINANCE NO. 327054 Amending the Zoning Ordinance, upon application by El Paso Cuatro, LLC, by changing the -.ening map in reference to 2.899 acres or 126,297.23 square feet out of Lot 10 known as _cts 10E and 10F Bancroft Farm Lots, from "B-1" Neighborhood Business District to "B-4" 3eneral Business District on Tract 1 (1.910 acres or 83,201.18 square feet) and "B-1/SP" Neighborhood Business District with a Special Permit on Tract 2 (0.989 acres or 43,096.05 cuare feet) amending the Comprehensive Plan to account for any deviations from the e> sting Comprehensive Plan_ providing for penalty. Ai emergency was declared, and the foregoing ordinance was passed and approved with he following vote Garrett Chesney. Cooper Garcia, Kelly, Kinnison, Marez, Noyola, and 3( ott, voting "'Aye'" Mayor Garrett opened discussion on Item 23, a public hearing to consider and nominate appiications to the Office of the Governor for Commercial Revitalization Deduction allocations. A mot on was made, seconded and passed to open the public hearing rma Caballero, Director of Economic Development, reported that staff was recommending aiiocations to the following nine companies to forward to the Office of the Governor for allocations for Commercial Revitalization Deductions HBP Partners, Ltd., Brewster Street Ltd., John Murray, J, Train Brothers, Ltd., Thomas Davis, Sr , William Groves, Michael Berry, Don Kirchberg and Nueces Hotel Holdings, LP A motion was made, seconded and passed to close the public hearing. r1 ere were no comments from the audience. City Secretary Chapa polled the Council for the vote as follows 21b RESOLUTION NO 027055 Resolution nominating projects to the Office of the Governor for Renewal Community '7,ommercial Revitalization Deductions. rhe foregoing resolution was passed and approved with the following vote: Garrett, Chesney. Cooper. Garcia, Kelly Kinnison, Marez, Noyola, and Scott, voting "Aye". *„*** *** Mayor Garrett referred to Item 19 a presentation regarding the Downtown Redevelopment Committee Report Ms. Caballero introduced the members of the Downtown Redevelopment C-)mmittee and provided a background and vision statement. She referred to a powerpoint 1t n:;ted - Regular L:ouncr Meeting lv ;vemne 14, 2006 -- Page 9 presentation that incuded tin analysis of the downtown areas strengths, weaknesses, opportunities al a threats. Ms Caballero explained that to develop goals and strategies, the committee used a saucy cc nducted by the Civic Fellows Program of Cornell University that provided a comprehensive description of eleven downtowns across the country. She referred to a map that indicated the focus a e of downtown including a broad area selected by the committee to include redevelopment n:aide°a Fons M Caballero said the main recommendations and strategies included the following: design and plans infrastructure, policies, business development, marketing and organizational structure. S')e. concluded the presentation by saying that downtown redevelopment would result in more e .o iornic activity particularly housing and commercial; less under-utilized land; fewer vacant b.Fildincs and an esthetically pleasing. cherished heart of the community. ;c.uncii members asked questions regarding the focus area, revenue of parking meters, c, ide enforcement issues committee breakdown data base of real property, and staff support. Mayor Garrett called for petitions from the audience. Mr. Cecil Henry, 5118 Cavendish spoke regarding the fines imposed for beach parking. Council requested an agenda item regarding beach parking at the next Municipal Court Committee meeting. Jack Gordy, 4118 Bray Drive, spoke regarding letters on illegal signs. Antonia Mercado 386 Meldo Parkway Drive, expressed her concerns about the increase in crime in the area close to the boarding house located in the Meldo Parkway area Lauret Bridgford, 15342 Caravel Drive, spoke regarding the SEA plan and the Bayfront Arts and Science Park and requested reconsideration of the extension road on Shoreline B ouievar( „A** Mayor Garrett opened discussion on Item 24, a public hearing to amend the Master Sanitary Sewer Plan. A motion was made, seconded and passed to open the public hearing. Angel Escobar, Director of Engineering explained that this project is the third and final part of the Wastewater Master Plan Collection System including study areas 5 — 12. Dan Leyendecker with LNV Engineering referred to a powerpoint presentation and maps that included the location of the study areas, 1iit,re land uses, service areas and master plans for areas 5 -12. 'rlc; one appeared in opposition to the public hearing. Mr. Garcia made a motion to close the pubic hearingseconded by Mr. Scottand passed. Mr. Chapa polled the Council for their votes as follows 24 .r l=IRST READING ORDINANCE )rdinance amending the City's Comprehensive Plan by amending the Master Sanitary Sewer Plan (Master Plan for Sanitary Sewers 1963) by repealing the portions of the master elan covered by Study Areas 5 and 6 and by approving and adopting the Wastewater .'ollection System Master Plan. Greenwood WWTP Service Area, Study Areas 5 and 6 and 1Vbitecap WWTP Service Area Study Areas 7. 8, 9, 10, 11 and 12. -Le foregoing ordinance was passed and approved on its first reading with the following acre: Garrett Chesney, Cooper. Garcia, Kelly, Marez, and Scott, voting "Aye"; Kinnison and yloyola were absent. Minute: - Regular C:ouncii Meeting Novembe- 14, 2006 Paae 10 MMldyor Garrett opened discussion on Item 28, a request to exempt Kitty Hawk Unit 1 S: bdivisicn from Wastewater Acreage/Lot Fees. Mary Francis Teniente, Assistant Director of Development Services, presented this item and said that RVE, Inc., on behalf of the developer, is re luestin i an exemption for Kitty Hawk Unit 1 located south of the Oso, from paying required Seretary Sewer Lot/Acreage Fees at time of plat recordation. She referred to the location of the aopi oved alat, the subdivisions in the Laureles Farm Tracts, and the exemption criteria. She added tr t Plain. ing Commissior recommended the exemption because they did not think wastewater seta, ice > would be available within 15 years. Ms Teniente said the Laureles Farm Tract area is not s -eyed ray wastewater but s Included within the Greenwood Wastewater Treatment Plan Service A ea She added that wastewater treatment capacity will be available in the next 15 years for the a'ee soute of the Oso Creek based upon funding availability which is dependent upon acreage fees fr n de lelopers Ms Temente discussed the implications of granting exemption and said staff is n t eceh mending exemption of payment of acreage fees. ' a Veteto with RVE Engineering Company represented the developer John Bratton and p ow, idea e presentation which included the following issues: fairness to the residents of Laureles C:; rridor . have collected wastewater fees for 14 years without providing wastewater services and fa:rnes : tc continue ollecting wastewater fees with no plan for extending wastewater services. He explained the platting ordinance intent and history, the obstacles to extension of wastewater s -vices, ncluding the Laureles Corridor Position Paper; and the likelihood of extension to the _ 4u ele ':orridor n response to Mr. Chesney, Mr Veteto said that the ordinance states that after 10 years and net nore than 15 years after funds have been collected, the residents of the area can request reimbursement of acreage fees gene Graham, 13702 Primavera, spoke regarding the Laureles Corridor Position Paper and stated that he supported the exemption based on the ordinance. M! Chesney made a motion to table the item until December 12th, with a direction to staff to provide research on the number of subdivisions in the pipeline and potential exposure by developers to request exemption or future reimbursement. including alternative solutions for exemption, seconded by Mr Garcia, and passed (Marez absent) 2h FABLED TO DECEMBER 12, 2006 r request to exempt Kitty Hawk Subdivision located east of County Road 1; 4 4 4 .. �"�ttteclon behalf of John Bratton, owner and developer. - • - - - - Mayor Garrett opened discussion to Item 29 regarding the Corpus Christi Business and Job Development Corporation s Affordable Housing projects. Yvonne Haag, Director of Neighborhood Services, reported that staff was recommending approval of funding to Nueces County Community Action Agency's Cap Estates program, the City of Corpus Christi's Model Block Program and the E xtreme Homes new construction program. Mr Abel Alonzo, 1701 Thames, asked for information regarding the three proposals that were lot recommended. Mr Chapa polled the Council for their votes as follows: 2.. RESOLUTION NO 027058 Resolution approving the execution of an Affordable Housing Program Agreement between 'ne Corpus Christi Business and Job Development Corporation, the City of Corpus Christi, Vn_,tes - Regular Council Meeting Nuvembe, 14, 2006 Page 11 -+n:1 Nueces County Community Action Agency (NCCAA) to allow the Corporation to grant 3200,000 to the NCCAA for infrastructure development of a new construction project as part f an Affordable Housing Program, and authorizing the City Manager to execute the ;gram Agreement on behalf of the City Me foregoing resolution was passed and approved with the following vote: Garrett, Thesney Garcia Kelly, Kinnison. Noyola, and Scott, voting "Aye"; Cooper and Marezwere lbsent RESOLUTION NO 027059 Resolution approving the execution of an Affordable Housing Program Agreement between 'ht, Corpus Christi Business and Job Development Corporation and the City of Corpus Thristi to allow the Corporation to grant $200,000 to the City for the Model Block Program - nt fl Housing Project as part of an Affordable Housing Program; and authorizing the City Manager to execute the Program Agreement on behalf of the City. The foregoing resolution was passed and approved with the following vote: Garrett, esney. Garcia. Kelly. Kinnison, Noyola, and Scott, voting "Aye"; Cooper and Marezwere absent 2.c RESOLUTION NO 027060 Resolution approving the execution of an Affordable Housing Program Agreement between the Corpus Christi Business and Job Development Corporation, the City of Corpus Christi, and John Mikulencak DBA Extreme Homes of Texas to allow the Corporation to grant $160,067 of Affordable Housing Funds to Extreme Homes of Texas for New Construction Homebuyer Assistance, and authorizing the City Manager to execute the Program Agreement on behalf of the City rhe foregoing resolution was passed and approved with the following vote: Garrett, ;hesney. Garcia. Kelly, Kinnison, Noyola, and Scott, voting "Aye"; Cooper and Marezwere absent Mayor Garrett opened discussion. on Item 25 Open Containers and Consumption of Alcoholic Beverages prohibited in certain public places. Mr Noe presented this agenda item. Mayor Garrett called for oublic comment Mr Cliff Harns, 1017 Antelope; Mr. Gilbert Cortinas, 1826 Leopard; Mr. Domingo Ybarra, 3 `22 Leopard Street; Mr. Chad Magill, 641 Texas. and Mr. Abel Alonzo, 1701 Thames, all spoke in favcr of the open container ordinance Joseph Harney, Police Legal Advisor, said a special provision was included in the ordinance for special events which would be exempt with the City Manager's approval. Mr. Harney explained that the ordinance would be an arrestable offense. Mr Chapa polled the Council for their votes as follows: ORDINANCE NO 027056 :Ordinance amending the Code of Ordinance, Chapter 4, Alcoholic Beverages, by adding Section 4-8. Open Containers and Consumption of Alcoholic Beverages Prohibited in certain :)colic placesproviding for penalties. M notes - Regular Counce Meeting N' vemhe 14, 2006 -- Page 12 r emergency was declared, and the foregoing ordinance was passed and approved with -le following vote Garrett, Chesney, Cooper Kelly, Kinnison, Noyola, and Scott, voting A,fe"; Garcia and Marez were absent. Mayor Garrett opened discussion on Item 26 regarding expenditures on one-time it provements Mr Noe presented this item. There was no public comment. Mr. Chapa polled the C Algal 'c,;- their votes as follows: 2t a (JRDINANCE NO. 027057 )rdinance appropriating $1,036 000 from the Unreserved Fund Balance in No. 1020 3eneral Fund for "one time expenditures approved in the FY 2006-2007 Operating Budget nrauding Central Library Fire Panel $50,000. air condition systems for Ben Garza Gym 350,000, Lindale Senior Center $17,000, and Ethel Eyerly Senior Center $19,000; Fire `-tdtion Driveways $100,000; and Street Maintenance $800,000; amending the FY 2006- :C07 Operating Budget adopted by Ordinance 026908 by increasing appropriations by 036 000 -,r emergency was declared, and the foregoing ordinance was passed and approved with tri€= following vote Garrett, Chesney, Cooper Garcia, Kelly, Kinnison, Noyola, and Scott, acing "Aye Marez was absent 26" MOTION NO. 2006-383 Motion approving the purchase of three (3) asphalt rolling machines from Conley Lott - Nichols of Dallas, Texas, for a total amount of $170,511. The award is made in accordance with the Cooperative Purchasing Agreement with the Texas Local Government Cooperative. Oil three machines are replacements to the fleet. Funds for the machines are available in 'fie street operations budget. 'he foregoing motion was passed and approved with the following vote: Garrett, Chesney, ',doper, Garcia. Kelly, Kinnison. Noyola. and Scott, voting "Aye"; Marez was absent. Mayor Garrett opened discussion on Item 27 regarding a design and construction contract with Corpus Christi Baseball Club, L L. P Kevin Stowers, Assistant Director of Engineering, said this project would result in the construction of an ADA compliant access ramp serving the right field stands at Whataburger Field at no expense to the City. Mr. Stowers added that the contract will ensure the work is properly designed and constructed and will minimize the City's exposure to any cairns that may arise. Mr Chapa polled the Council for their votes as follows: 2 MOTION NO 2006-384 Motion authorizing the City Manager or his designee to execute a design and construction contract with Corpus Christi Baseball Club, L.L.P. of Corpus Christi, Texas in the amount of SC for the construction of a Right Field Access Ramp at Whataburger Field. 'The foregoing motion was passed and approved with the following vote: Garrett, Chesney, -;roper, Garcia, Kelly, Kinnison Noyola. and Scott, voting "Aye"; Marez was absent. Mayor Garrett opened discussion on Item 30, nominating Flint Hills Resources, LP, for designation as a qualified business and Triple Jumbo Enterprise Project. Tom Utter, Special A -;s star=t to the City Manager. explained that Flint Hills is proposing to expend approximately M nute=_ - regular Council Meeting N ;vembe 14, 2006 Page 13 $z50,000 300 for retooling and upgrading their local facility to increase production and capacity, maintair 'he facility and ensure the continuation of their workforce. Mr. Utter said staff is recommending the approval of the nomination of Flint Hills as a Triple Jumbo Texas Enterprise Protect Chapa polled the Council for their votes as follows: 3 RESOLUTION NO 027061 Resolution nominating Flint Hills Resources, LP, to the Office of the Governor Economic >evelopment and Tourism through the Economic Development Bank for designation as a ualified business and Triple Jumbo Enterprise Project under the Texas Enterprise Zone 'r }gram under the Texas Enterprise Zone Act, Chapter 2303, Texas Government Code. the foregoing resolution was passed and approved with the following vote: Garrett, ;hesney Cooper Tiarcia, Kelly. Noyola, and Scott, voting "Aye"; Kinnison and Marez were absent Mayor Garrett opened discussion on Item 31 regarding two franchise agreements with Earthlink:, nc. Ogliv e Gencke, Director of Information Systems, presented this item and said the franchise agreements would grant Earthlink the non-exclusive right to operate and maintain the Wi- F Network Mr. Leonard Scott, Business Unit Manager, stated that the Wi-Fi system construction has been completed and provided details regarding the Wi-Fi Inaugural Reception on December4- 5 Mr C papa polled the Council for their votes as follows: 3' FIRST READING ORDINANCE )rdinance granting to Earthlink Inc. a non-exclusive one-year franchise to operate, maintain, construct extend, and upgrade facilities of a wireless network in the public rights - way. The foregoing ordinance was passed and approved on its first reading with the following vote: Garrett. Chesney, Cooper Garcia. Kelly, Kinnison, Noyola, and Scott, voting "Aye"; Marez was absent FIRST READING ORDINANCE )rdinance granting to Earthlink. inc. a non-exclusive ten-yearfranchise to operate, maintain, .onstruct, extend, and upgrade facilities of a wireless network in the public rights-of-way. r>e foregoing ordinance was passed and approved on its first reading with the following .ote: Garrett. Chesney, Cooper Garcia. Kelly, Kinnison. Noyola, and Scott, voting "Aye"; Marez was absent Mayor Garrett recessed the regular Council meeting to hold a meeting of the Corpus Christi Community Improvement Corporation (CCCIC). Mayor Garrett announced the executive sessions, which were listed on the agenda as foi.ows M na tes - - egular Council Meeting N; vembe 14, 2006 Page 14 xecutive session under Texas Government Code Section 551.071, regarding Cause umber 04-4001-B Tufts Cove Investment Corporation, N.V. vs. City of Corpus Christi, in -it 117h District Court of Nueces County Texas, with possible discussion and action related l veto in open session :-xecutive session under Texas Government Code Sections 551.071 and 551.087 regarding _ru posal from Earthlink about the City of Corpus Christi Citywide Integrated Wi-Fi Network, itb possible discussion and action related thereto in open session. xecutive session under Texas Government Code Section 551.071 regarding fire collective ',a -gaining negotiations, with possible discussion and action related thereto in open session. Lxecutive session under Texas Government Code Section 551.071 regarding police olective bargaining negotiations. with possible discussion and action related thereto in pen sessior he Council went into executive session. The Council returned from executive session and the following motion was passed with the following vote: 3 MOTION NO. 2006-385 Motion authorizing the City Manager to settle Cause No.: 04-4001-B; Tufts Cove •nvestments Corp N.V. vs City of Corpus Christi, in the 117`h District Court of Nueces runty in accordance with the terms of the settlement agreement. he foregoing motion was passed and approved with the following vote: Garrett, Chesney, :ooper Garcia, Kelly, Kinnison, Noyola, and Scott, voting "Aye"; Marez was absent. Mayor Garrett called for Council concerns and reports. Ms. Cooper reported that at the Town Hall meeting on November 13th at Miller High School, there were issues regarding Animal Control and pit bull attacks She asked for the policy regarding animal attacks. -here being no further business to come before the Council, Mayor Garrett adjourned the C >uncil meeting at 3:25 p m. on November 14, 2006