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HomeMy WebLinkAboutMinutes City Council - 12/12/2006[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 December 12, 2006, which were approved by the Cty Council on December 19. 200' WITNESSETH MY HAND AND SEAL, on this the 19th day of December, 2006. Armando Chapa City Secretary SEAL PRESENT Mayor Henry Garrett Mayor Pro Tem Mark Scot' Council Members: Melody Cooper Jerry Garcia Bill Kelly John Marez Jesse Noyoia ABSENT Brent Chesney Rex Kinnison MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting December 12, 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 Bubba Stahl of First Baptist Church and the Pledge of Allegiance to the United States flag was led by Council Member Jesse Noyola. City Secretary Chapa announced that Council Member Chesney would not be attending the meeting because of a family medical matter and Council Member Kinnison would not be attending due to illness. *.****** *,(* Mayor Garrett referred to Item 33, a presentation on the 18th Annual HEB "Feast of Sharing" Holiday Dinner. Shelley Parks with HEB Grocery Company and Assistant to the Mayor Linda Lewis announced the Annual Feast of Sharing on December 24th at the American Bank Center. Ms. Parks introduced members of local businesses and agencies that help contribute to this annual event. Mayor Garrett called for approval of the minutes of the regular Council meeting of November 14, 2006 and special Council meeting of November 15, 2006. A motion was made and passed to approve the minutes as presented Mayor Garrett called for petitions from the Corpus Christi Police Officers Association and the Corpus Christi Firefighters. Association regarding the police and fire negotiations. Mr. Domingo Ybarra, President of the Corpus Christi Police Officers Association, spoke in support of the police negotiations and an increase in wages for police officers. Mr. Carlos Torres, President of the Corpus Christi Firefighters Association, provided a history of current negotiations. He requested on behalf of the firefighters that negotiations be resolved and that firefighters receive a fair and decent contract * * Minutes - Regular Council Meetinc December 12, 2006 Page 2 Mayor Garrett referred to Item 2 and the following board appointments were made: Commission on Children and Youth Brian Silva (Appointed) Human Relations Commission Eric Briones North Padre Island Development Corp. John Marez (Reappointed` Rex A. Kinnison (Reappointed) Jesse Noyola (Reappointed) Anna Mercardo Flores (Appointed) Water Resources Advisory Committee Lena Coleman (Reappointed) Herman Johnson, Sr. (Reappointed) Ruth Blake (Appointed) Frank C Brogan (Appointed) Mary K. Fant (Appointed) C.C. Regional Economic Development Corporation Joe Elizondo (Reappointed) Edward Martin (Reappointed) Landmark Commission Myron Grossman (Reappointed) Bunny Tinker (Reappointed) Herb Morrison (Reappointed) Richard Moore (Reappointed) Craig Thompson (Reappointed) David Blanke (Reappointed) Dr. James Carter (Appointed) Dr. Clifton Baldwin (Appointed) Stephen T. Bowling (Appointed) Anita Eisenhauer (Appointed) Arthur W. Zeitler (Appointed) Mayor Garrett called for consideration of the consent agenda (Items 3 - 27). City Secretary Chapa announced that Councilmember Noyola would be abstaining from the vote and discussion on Items 4. 22.a., 22.b. and 26. Mr Abel Alonzo requested that Item 6 be pulled for individual consideration. Mr. Phil Rosenstein requested that Item 8 be pulled for individual consideration. Mr. Bill Kopecky requested that Item 9 be pulled for individual consideration. City Secretary Chapa polled the Council for their votes as follows: 3 MOTION NO. 2006-386 Motion approving a supply agreement with Arnold Oil Company, of Corpus Christi, Texas for automotive, commercial and golf cart batteries, in accordance with Bid Invitation No. BI - 0210 -06 based on low total bid for an estimated annual expenditure of $35,146.87. The term of the contract shall 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 using departments for FY 2006-2007. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Garcia, Kelly. Marez, Noyola. and Scott, voting "Aye"; Chesney and Kinnison were absent. 4 ORDINANCE NO. 027063 Ordinance authorizing the City Manager or his designee to execute a short term lease agreement, which will terminate on December 31, 2007, with James Charles Bernsen, for approximately 244 12 acres of land at the Corpus Christi International Airport, to be used for :rop farming, in consideration of a rental fee of $80 per acre. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Cooper, Garcia, Kelly, Marez, and Scott, voting "Aye"; Chesney and Kinnison were absent; Noyola abstained. Minutes -- Regular Council Meeting December 12, 2006 Page 3 MOTION NO 2006-387 Motion approving the purchase of laboratory analytical instruments from the following companies for the following amounts for a total amount of $97,700.78. This equipment will be used by the Health Department Funds are available from the Health Department Grants Fund. PerkinElmer Life and Analytical Sciences Shelton, Connecticut Item No. 1 $44,374 00 Grand Total: $97,700.78 Applied Biosystems Foster City, California Item No. 2 $53,326.78 The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Garcia, Kelly. Marez, Noyola. and Scott, voting "Aye"; Chesney and Kinnison were absent. MOTION NO. 2006-388 Motion approving the purchase of thirty-eight (38) police package sedans and two (2) pickup trucks in accordance with Bid Invitation No. BI -0046-07 from Access Ford, of Corpus Christi, Texas based on low bid and most advantageous bid for a total amount of $854,994. Funding is available from the FY 2006-2007 Capital Outlay Budget in the Maintenance Services Fund and the Crime Control and Prevention District fund. All units are replacements The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Garcia, Kelly, Marez, Noyola, and Scott, voting "Aye"; Chesney and Kinnison were absent. 10 ORDINANCE NO. 027067 Ordinance amending the current four year Parking Lease and Management Agreement with the Texas State Aquarium Association (TSAA) by (1) adding new property described as all of Lots 4, 6, and 8. Block G. Brooklyn Addition together with all parking lot improvements and an undeveloped 4,270 -square foot portion of Pearl Street located between Shoreline Boulevard and Corpus Christi Bay. (2) and allowing TSAA to sub -lease the properties and, if necessary, collect parking revenues; (3) keeping intact all other terms of the original four year Parking Lease and Management Agreement. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Cooper, Garcia, Kelly, Marez, Noyola, and Scott, voting "Aye"; Chesney and Kinnison were absent. MOTION NO. 2006-389 Motion authorizing the City Manager or his designee to extend the maintenance agreement with MRO Software, an IBM Company, of Bedford, Massachusetts for twelve months in an amount not to exceed $38,571.30. Included in the maintenance and support are the Maximo Enterprise System applications utilized by nine (9) City departments for automated work and asset management. MRO Software is an approved Texas Department of Information Resources vendor Minutes - Regular Council Meeting December 12, 2006 - Page 4 The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Garcia, Kelly, Marez, Noyola. and Scott, voting "Aye"; Chesney and Kinnison were absent. 12 a MOTION NO 2006-390 Motion authorizing the City Manager or his designee to accept a continuation grant in the amount of $25,039 from Sam Houston State University and the National Institute of Justice for a Project Safe Neighborhoods grant for one Firearms Examiner and to execute all related documents. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Garcia, Kelly, Marez, Noyola. and Scott, voting "Aye"; Chesney and Kinnison were absent. 12.b ORDINANCE NO. 027068 Ordinance appropriating $25,039 from Sam Houston State University and the National Institute of justice for a Project Safe Neighborhoods grant in the No. 1061 Police Grants Fund and authorizing the transfer of $18,587 from the No. 1020 Cash Contribution to Grants in the No. 1061 Police Grants Fund. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Cooper, Garcia, Kelly, Marez, Noyola, and Scott, voting "Aye"; Chesney and Kinnison were absent. 13.a RESOLUTION NO. 027069 Resolution authorizing the City Manager or his designee to accept a grant from Markwest Javelina Company in the amount of $4,000 for industrial fire training in the General Fund Fire Department. The foregoing resolution was passed and approved with the following vote: Garrett, Cooper, Garcia, Kelly, Marez, Noyola, and Scott, voting "Aye"; Chesney and Kinnison were absent. 1 b ORDINANCE NO. 327070 Ordinance appropriating $4,000 in Training Revenues received from Markwest Javelina Company into the General Fund Fire Department for Industrial Fire Training; amending the FY 2006-2007 Operating Budget adopted in Ordinance No. 026908 by increasing estimated revenues and appropriations by $4,000 each. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Cooper, Garcia, Kelly, Marez, Noyola, and Scott, voting "Aye"; Chesney and Kinnison were absent. 14 a. MOTION NO. 2006-391 Motion approving the Sanitary Sewer Trunk Force Main and Lift Station Construction and Reimbursement Agreement submitted by Oso Bend Development Co., owner and developer of River Bend Ranch Unit 1 Subdivision for the installation of a Master Plan Lift Station No. 14 with 12 -foot diameter wet well, 8,610 -linear feet of 12 -inch PVC force main and related appurtenances. Minutes Regular Council Meeting December 12, 2006 - Page 5 The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Garcia, Kelly, Marez, Noyola and Scott, voting "Aye"; Chesney and Kinnison were absent. 14 b ORDINANCE NO. 027071 Ordinance appropriating $1 626,275.38 from the Sanitary Sewer Trunk System Trust Fund No 250410-4220 to pay Oso Bend Development Co. for the construction and installation of a Master Plan Lift Station with 12 -foot diameter wet well, 8,610 -linear feet of 12 -inch PVC force main, and related appurtenances within the SPA 30 Service Area, located south of Yorktown Boulevard and east of Rodd Field Road. An emergency was declared. and the foregoing ordinance was passed and approved with the following vote: Garrett, Cooper, Garcia, Kelly, Marez, Noyola, and Scott, voting "Aye"; Chesney and Kinnison were absent. 1. a MOTION NO 2006-392 Motion approving the Arterial Transmission and Grid Main Construction and Reimbursement Agreement submitted by Dr. Pedro Torres, owner and developer of St. Germaine Subdivision, Block 1, Lot 1 located west of Flour Bluff Drive and south of Glenoak Drive for the installation of 3 480 -linear feet of 12 -inch PVC water grid main. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Garcia, Kelly. Marez, Noyola, and Scott, voting "Aye"; Chesney and Kinnison were absent. 15 b ORDINANCE NO. 027072 Ordinance appropriating $210,656.93 from the Arterial Transmission and Grid Main Trust Fund No. 209010-4030 to pay Dr. Pedro Torres' reimbursement request for the installation of 3,480 -linear feet of 12 -inch PVC grid main to develop St. Germaine Subdivision, Block 1, L.ot 1 An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Cooper, Garcia, Kelly, Marez, Noyola, and Scott, voting "Aye"; Chesney and Kinnison were absent. 16 a MOTION NO 2006-393 Motion approving the Sanitary Sewer Construction and Reimbursement Agreement submitted by Richard Guerra-Prats, owner and developer of Padre Island, Block 30, Lots 4A, 5A, 6A, 7A and 8A, located northeast of South Padre Island Drive (Park Road 22) and Verdemar Drive for the installation of 652 linear feet of an 8 -inch PVC offsite sanitary sewer collection line The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Garcia, Kelly, Marez, Noyola. and Scott, voting "Aye"; Chesney and Kinnison were absent. 16.b ORDINANCE NO, 027073 Ordinance appropriating $1 1,233.64 from the Sanitary Sewer Collection Line Trust Fund No. 250420-4220 to pay Richard Guerra-Prats. for the installation of 652 linear feet of an 8 -inch PVC offsite sanitary sewer collection line as specified in the Sanitary Sewer Collection Line Extension Construction and Reimbursement Agreement to develop Padre Island, Block 30, Minutes - Regular Council Meeting December 12, 2006 Page 6 Lots 4A. 5A. 6A. 7,0, and 8A An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Cooper, Garcia, Kelly, Marez, Noyola, and Scott, voting "Aye"; Chesney and Kinnison were absent. 17 MOTION NO. 2006-394 Motion authorizing the City Manager or his designee to execute a construction contract in the amount of $422 000.50 with S. J. Louis Construction, of San Antonio, Texas for the O. N. Stevens Water Treatment Plant High Service Pump Building No. 1 Master Meter Replacement Project. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Garcia, Kelly, Marez, Noyola, and Scott, voting "Aye"; Chesney and Kinnison were absent. 16 MOTION NO. 2006-395 Motion authorizing the City Manager or his designee to execute an Engineering Design Contract with Freese and Nichols, of Austin, Texas in the amount of $52,900 for the O. N. Stevens Water Treatment Plant Clearwell No. 2 Repairs. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Garcia, Kelly, Marez, Noyola, and Scott, voting "Aye"; Chesney and Kinnison were absent. 1+ MOTION NO. 2006-396 Motion authorizing the City Manager or his designee to execute Change Order No. 4 to the Storm Sewer Extensions - Group "B" Projects contract with SLC Construction, LP, of Conroe, Texas in the amount of $273,254 for the replacement of the effluent line on Greenwood Drive. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Garcia, Kelly, Marez, Noyola, and Scott, voting "Aye"; Chesney and Kinnison were absent. 2(MOTION NO. 2006-397 Motion authorizing the City Manager or his designee to execute Ratification of Amendment No 3 to the Contract for Professional Services with Martinez, Guy & Maybik, of Corpus Christi, Texas in the amount of $54,575 for a total restated fee of $344,196 for the Water Main Improvements Project for the work at the following seven (7) sites: 1. Alameda Street from Leopard Street to Antelope Street 2. Carancahua Street from Leopard Street to Lipan Street 3. Artesian Street from Leopard Street to Buffalo Street 4. Tancahua Street from Leopard Street to Buffalo Street 5. Staples Street from Leopard Street to Mestina Street 6. Carancahua Street from Lipan Street to Blucher Street 7. Tancahua Street from Belden Street to Power Street The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Garcia, Kelly. Marez, Noyola, and Scott, voting "Aye"; Chesney and Kinnison were absent. Minutes - Regular Council Meeting December 12, 2006 --- Page 7 2'.... MOTION NO. 2006-398 Motion authorizing the City Manager or his designee to execute Change Order No. 20 for the construction of drainage erosion control improvements and a generator in the amount of $94,948.72 with Longhorn Excavation, Inc. of Richmond, Texas for the Cefe F. Valenzuela Landfill Site Development Project The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Garcia, Kelly. Marez, Noyola. and Scott, voting "Aye"; Chesney and Kinnison were absent. 22 a ORDINANCE NO. 027074 Ordinance appropriating $75,000 from the Unreserved Fund Balance in the Airport Operating Fund 4610 for professional services for a benefit cost analysis to assess the feasibility of a possible extension of Runway 13/31 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 by $75.000. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Cooper, Garcia, Kelly, Marez, and Scott, voting "Aye"; Chesney and Kinnison were absent; Noyola abstained. 22 b MOTION NO 2006-399 Motion authorizing the City Manager or his designee to execute Amendment No. 7 to the Architectural/Engineering Services Contract with Pierce, Goodwin, Alexander and Linville (PGAL), Inc., of Dallas, Texas in an amount not to exceed $75,000 for a Benefit/Cost Analysis to Assess the Feasibility of a Possible Extension of Runway 13/31. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Garcia, Kelly, Marez, and Scott, voting "Aye"; Chesney and Kinnison were absent; Noyola abstained. 2.j MOTION NO 2006-400 Motion authorizing the City Manager or his designee to execute Change Order No. 3 to a construction contract with CCC Group, Inc., of San Antonio, Texas in the amount of $34,315 for the Corpus Christi Marina Development Project Phase III (Floating Docks E, F, G and H) for the installation of sanitary sewer pump -out station on Docks G & H. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Garcia, Kelly, Marez, Noyola. and Scott, voting "Aye"; Chesney and Kinnison were absent. 24 ORDINANCE NO. 027075 Authorizing the City Manager or his designee to execute a fourteen -year six-month Marina Space Rental Contract with Yachting Center of Corpus Christi, LLC for the use of Slip Spaces No 54 - 65 of Peoples Street T -Head, for operation of Yachting Center, Sailing School, Charter Boats and related activities, and including construction of utility and boat slip improvements; for monthly slip fee rental payments of $6.85 per linear foot of dock space, subject to annual rate charges. providing for publication. Minutes - Regular Council Meeting December 12, 2006 Page 8 The foregoing ordinance was passed and approved on its second reading with the following vote: Garrett. Cooper, Garcia, Kelly, Marez, Noyola, and Scott, voting "Aye"; Chesney and Kinnison were absent 25:.a. MOTION NO. 2006-401 Motion to amend prior to second reading the ordinance amending Ordinance No. 027017 calling the April 2007 General Election to call the continuation election for the Crime Control and Prevention District and sales tax and to provide for extended early voting hours. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Garcia, Kelly, Marez, Noyola. and Scott, voting "Aye"; Chesney and Kinnison were absent. 2E, b ORDINANCE NO. 027076 Amending Ordinance No. 027017 ordering a general election to be held on April 14, 2007, in the City of Corpus Christi for the election of Mayor and eight Council Members to include an election for the continuation of the Crime Control and Prevention District and sales tax for 10 years. The foregoing ordinance was passed and approved on its second reading with the following vote: Garrett, Cooper, Garcia, Kelly, Marez, Noyola, and Scott, voting "Aye"; Chesney and Kinnison were absent. 26 ORDINANCE NO. 027077 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 leased 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 helicopter charter operations on 91,250 square feet of land and improvements located at Corpus Christi International Airport; providing for publication. The foregoing ordinance was passed and approved on its second reading with the following vote: Garrett, Cooper, Garcia, Kelly, Marez, and Scott, voting "Aye"; Chesney and Kinnison were absent; Noyola abstained. ORDINANCE NO. 027078 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 plan covered by Study Areas 5 and 6 and by approving and adopting the Wastewater Collection System Master Plan, Greenwood WWTP Service Area. Study Areas 5 and 6 and Whitecap WWTP Service Area Study Areas 7 . 8, 9, 10, 11 and 12. The foregoing ordinance was passed and approved on its second reading with the following vote: Garrett, Cooper, Garcia, Kelly, Marez, Noyola, and Scott, voting "Aye"; Chesney and Kinnison were absent. Mayor Garrett opened discussion on Item 6 regarding the Crime Control District Fund for 'one-time" expenditures. Mr. Abel Alonzo. 1701 Thames, thanked the Crime Control and Prevention District Board of Directors for their efforts on the board and discussed the upcoming election. City Secretary Chapa polled the Councl for their votes as follows: Minutes Regular Council Meeting December 12, 2006 Page 9 6. ORDINANCE NO. 027064 Motion approving the purchase of thirty-eight (38) police package sedans and two (2) pickup trucks in accordance with Bid Invitation No. BI -0046-07 from Access Ford, of Corpus Christi, Texas based on low bid and most advantageous bid for a total amount of $854,994. Funding is available from the FY 2006-2007 Capital Outlay Budget in the Maintenance Services Fund and the Crime Control and Prevention District fund. All units are replacements An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Garcia, Kelly, Marez, Noyola, and Scott, voting "Aye"; Chesney, Cooper and Kinnison were absent. Mayor Garrett opened discussion on Item 8 regarding a computer learning center at the Greenwood Senior Center Mr, Phil Rosenstein spoke in favor of a computer learning center for senior citizens. City Secretary Chapa polled the Council for their votes as follows: 8. RESOLUTION NO. 027065 Resolution authorizing the City Manager or his designee to execute a Memorandum of Understanding with SeniorNet to establish a computer learning center at the Greenwood Senior Center. The foregoing resolution was passed and approved with the following vote: Garrett, Cooper, Garcia, Kelly, Marez, Noyola. and Scott, voting "Aye"; Chesney and Kinnison were absent. Mayor Garrett opened discussion on Item 9 regarding the City Charter. Mr. Bill Kopecky, 3609 Topeka, thanked the workers and voters who supported the charter amendment. City Secretary Chapa polled the Council for their votes as follows: 9. ORDINANCE NO. 027066 Ordinance renumbering Article X of the Charter to provide for the inclusion of the recently adopted Charter section; providing for an effective date. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Cooper, Garcia, Kelly, Marez, Noyola, and Scott, voting "Aye"; Chesney and Kinnison were absent. Mayor Garrett referred to Item 28 a., a public hearing to consider abandoning and vacating a portion of Tropic Heights Unit 2. A motion was made, seconded and passed to open the following public hearing: 28.a Public Hearing to consider abandoning and vacating a 7,292.92 -square foot portion (50' wide x 145' long) of an undeveloped and unsurfaced, dedicated public right-of-way (Linda Lee Drive) out of Block 3, Tropic Heights Unit 2, adjacent to and south of Mediterranean Drive public right-of-way. Minutes - Regular Council Meeting December 12, 2006 Page 10 There were no comrnents from the audience. Mr. Garcia made a motion to close the public hearing, seconded by Mr Scott, and passed. City Secretary Chapa polled the Council for their votes as follows 28.b FIRST READING ORDINANCE Abandoning and vacating a 7,292.92 -square foot portion (50' wide x 145' long) of an undeveloped and unsurfaced, dedicated public right-of-way (Linda Lee Drive) out of Block 3 Tropic Heights Unit 2, adjacent to and south of Mediterranean Drive public right-of-way; subject to owner's compliance with the specified conditions. The foregoing ordinance was passed and approved on its first reading with the following vote: Garrett. Cooper, Garcia, Kelly, Marez, Noyola, and Scott, voting "Aye"; Chesney and Kinnison were absent. Mayor Garrett referred to Item 29.a., a public hearing to consider abandoning and vacating a portion of Padre -Island -Corpus Christi, Section -C A motion was made, seconded and passed to open the following public hearing: 29.a Public hearing to consider abandoning and vacating a 1,820.49 -square foot portion of an undeveloped and unsurfaced, dedicated public right-of-way (Whitecap Blvd.) out of Padre - Island -Corpus Christi, Section -C, north of the Windward Drive and west of the Leeward Drive public rights-of-way. John Kelly, 3621 Austin, asked for clarification on the location of the closure. Assistant Director of Development Services Mary Frances Teniente provided him with the information. Mr. Garcia made a motion to close the public hearing, seconded by Ms. Cooper, and passed. City Secretary Chapa polled the Council for their votes as follows: 29_b FIRST READING ORDINANCE Abandoning and vacating a 1,820.49 -square foot portion of an undeveloped and unsurfaced, dedicated public right-of-way (Whitecap Blvd.) out of Padre -Island -Corpus Christi, Section -C; north of the Windward Drive and west of the Leeward Drive public rights- of-way; subject to owner's compliance with the specified conditions. The foregoing ordinance was passed and approved on its first reading with the following vote: Garrett. Cooper, Garcia, Kelly, Marez, Noyola, and Scott, voting "Aye"; Chesney and Kinnison were absent. Mayor Garrett referred to Item 30.a., a public hearing regarding the Storm Water Drainage Criteria Technical Guide. A motion was made, seconded and passed to open the following public hearing 3C=.a Public hearing to consider adoption of the Storm Water Drainage Criteria Technical Guide needed to prepare Storm Water Master Plan map sheets for the City of Corpus Christi. There were no comments from the audience. Mr. Garcia made a motion to close the public hearing, seconded by Ms. Cooper. and passed. Minutes - Regular Council Meeting December 12, 2006 Page 11 Assistant City Manager Ron Massey referred to a powerpoint presentation that included the Master Plan Project background and process. He added that the major components of a master plan are the Drainage Criteria Manual and the Storm Water map sheets. Mr. Massey said staff is recommending the approval of the Drainage Criteria Manual which will provide a community level of protection. He stated that adoption of the criteria allows staff to revise the Storm Water map sheets to identify the level of runoff in a geographical area, the location of the runoff and assist in properly sizing the drainage conveyance system. Mr. Massey provided a graph illustrating the recommended level of protection for the Gity and comparisons with other cities. In response to questions by Council members, Mr. Massey gave an explanation of the recommended 25 year protection level. He provided the Council with a timeline of future actions regarding the master plan. t:;ouncil members asked questions regarding the protection of existing development, future development, cost and competitive 'lousing. City Secretary Chapa polled the Council fortheirvotes as follows 30 b FIRST READING ORDINANCE Adopting the shaded portions of the Drainage Criteria Technical Guide for the Corpus Christi Drainage Criteria and Design Manual required to make revisions to the City of Corpus Christi Storm Water Master Plan map sheets; providing a severability clause; providing a repealer clause. The foregoing ordinance was passed and approved on its first reading with the following vote: Garrett. Cooper, Garcia, Kelly, Marez, Noyola, and Scott, voting "Aye"; Chesney and Kinnison were absent. Mayor Garrett referred to Item 31, and a motion was made, seconded and passed to open the public hearing on the following zoning case: Case No. 1106-01, American Bank: A change of zoning from a "B-2" Bayfront Business District and a "B-2/SP" Bayfront Business district with Special Permit on Tract 1 and a "B-6" Primary Business Core District on Tract 2 to a "B-2/PUD-2" Bayfront Business District with Planned Unit Development -2 Overlay on Tract 1 and "B-6/PUD-2" Primary Business Core District with Planned Unit Development -2 Overlay on Tract 2 in Water Beach Subdivision, Block 8A, located between North Shoreline Boulevard and Water Street and between Twigg and Taylor Streetscommonly known as One Shoreline Plaza. City Secretary Chapa stated that the Planning Commission and staff recommended approval of a change of zoning from a 'B-2/PUD-2" Bayfront Business District with Planned Unit Development -2 Overlay on Tract 1 and -B-6/PUD-2" Primary Business Core District with Planned Unit Development -2 Overlay on Tract 2, both tracts subject to a site plan, corresponding matrix and three (3 conditions imposed on both tracts and additional conditions for each tract (without any timehmit . No one appeared in opposition to the zoning change. Mr. Kelly made a motion to close the public hearing, seconded by Ms. Cooper and passed. Mr. Chapa polled the Council for their votes as follows 3 ORDINANCE NO. 327079 Amending the Zoning Ordinance upon application by American Bank, by changing the zoning map in reference to Water Beach Subdivision, Block 8A, from "B-2" Bayfront Business District and "B-2/SP" Bayfront Business District with Special Permit on Tract 1 and Minutes - Regular Council Meeting December 12, 2006 - Page 12 "B-6" Primary Business Core District on Tract 2 to "B-2/PUD-2" Bayfront Business District with Planned Unit Development -2 on Tract 1 and "B-6/PUD-2" Primary BusinessCore District with Planned Unit Development -2 on Tract 2; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan; providing a penalty. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Cooper, Garcia, Kelly, Marez, Noyola, and Scott, voting "Aye"; Chesney and Kinnison were absent. Mayor Garrett referred to Item 32, and a motion was made, seconded and passed to open the public hearing on the following zoning case: Case No. 1106-06, Bella Vista Joint Venture (Previously reported as Port A Investments, LP): A change of zoning from an "AT" Apartment Tourist District to an "AT/PUD-2" Apartment Tourist District with a Planned Unit Development -2 Overlay on Lot 12, Bella Vista Subdivision. located east of State Highway 361 and north of La Concha Boulevard on Mustang Island. Texas City Secretary Chapa stated that the Planning Commission and staff recommended approval of a change of zoning from an `AT/PUD-2" Apartment Tourist District with Planned Unit Development -2 Overlay as represented in the attached Site Plan, Layout Area of Building Envelopes, and Cross-sections of the Private Drive. No one appeared in opposition of the zoning change. Mr. Scott made a motion to close the public hearing, seconded by Ms. Cooper, and passed. Mr. Chapa polled the Council fortheirvotes as follows 32 ORDINANCE NO. 027080 Amending the Zoning Ordinance, upon application by Bella Vista Joint Venture (previously reported as Port A Investments, LP), by changing the zoning map in reference to Bella Vista Subdivision. Lot 12 from an "AT" Apartment Tourist District to an "AT/PUD-2" Apartment Tourist District with Planned Unit Development -2 Overlay; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan; providing a penalty An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Cooper, Garcia, Kelly, Marez, Noyola, and Scott, voting "Aye"; Chesney and Kinnison were absent. Joel Mumphord with the NAACP spoke in support of the police and fire associations receiving an increase in pay. Mayor Garrett referred to Item 34, a presentation regarding the "Port to Port" Feasibility Study Report on the Exclusive Truck Corridor between Corpus Christi and Laredo. Craig Clark with the Texas Department of Transportation provided an update of a feasibility study to assess the cost of constructing and maintaining an exclusive truck corridor from the Port of Laredo to the Port of Minutes - Regular Council Meeting December 12, 2006 Page 13 Corpus Christi. He referred to a powerpoint presentation including the project activities; a map indicating conceptual alignment to determine costs; and global trade opportunities throughout the region. Mayor Garrett called for a recess to present proclamations and public comment. He said he would resume discussion on Item 34 after the break. Mayor Garrett called for petitions from the audience. Susie Luria Saldana, 4710 Hakel; Rudy Pena, 4213 Clinton Drive; Phil Rosenstein; Rowland Andrade, P.O. Box 10629; Jesse Molina, 4314 Leonard. Joan Veith, Corpus Christi Barrios Association; Robert Zamora, 4901 Olympia; Connie Gutierrez, 5314 Navarro; Rene Saenz; Guy Watts, 4237 Ocean Drive; Jack Gordy, President of the Taxpayers Association; Juan Guerra, President of the American Federation of Teachers; Dr. Nick Adame, President of Lulac Council #1; and Abel Alonzo, 1701 Thames, spoke in favor of the police and fire collective bargaining agreements and providing salary increases. Bill Bennett, 3241 Reid, spoke encouraging blood donations, Wayne Hayes spoke regarding garbage issues in Flour Bluff. Mayor Garrett announced the executive sessions, which were listed on the agenda as follows: 42 Executive session under Texas Government Code Section 551.087 to discuss commercial or financial information that the governmental body has received from a business prospect that the governmental body seeks to have locate, stay or expand in or near the City of Corpus Christi, with possible discussion and action related thereto in open session. 4. Executive session under Texas Government Code Section 551.071 regarding fire collective bargaining negotiations, with possible discussion and action related thereto in open session. 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. Executive session under Texas Government Code Section 551.071 and 551.087 regarding proposal from Earthlink to purchase the City of Corpus Christi Citywide Integrated Wi-Fi Network. with possible discussion and action related thereto in open session. The Council went into executive session. The Council returned from executive session. Mayor Garrett conveyed to the public the Corpus Christi Firefighters' Association acceptance of the proposal on drug testing and pay offer for 2005-2006, 2006-2007 and 2007-2008. He further directed the City's bargaining team to drop the demand for Physical Fitness article and expressed hope for firefighters to submit for ratification and subsequent consideration for City Council approval. Mayor Garrett advised the public that most of the Corpus Christi Police Officers' Association contract issues have been resolved and directed the City Manager and bargaining team to return to the table to negotiate the remaining issues to conclusion. Minutes - Regular Council Meeting December 12, 2006 Page 14 Mayor Garrett resumed the discussion on Item 34 regarding the "Port to Port" Feasibility Study on the Exclusive Truck Corridor. Mr. Clark referred to the powerpoint presentation that included an explanation of relief and connectivity opportunities of an exclusive truck corridor; potential multi -modal components such as utility lines and rail if needed; design concepts and alternatives for lane facility barriers and pavement design; financing; the benefits of the corridor; and estimated traffic forecasts He concluded the presentation with an explanation of the development schedule phases. Council members asked questions regarding toll market fees, venues of traffic, and safety issues. The next presentation was Item 35, an overview of Earthlink Franchise, Network Services and Sales Agreements. Ogilvie Gericke, Director of MIS, said Earthlink has indicated an interest in purchasing the City's wireless network. He added that the purchase by Earthlink would financially benefit the City and the community He provided an overview of the purchase including the fiber network access; community portal; implementation timeline; and benefits. Council member Marez expressed his concern that the agreement include additional locations for free access of the wi-fi network. Council members asked questions regarding e- commerce and commitment by Earthlink to market the City. Mayor Garrett opened discussion on Item 36, consideration of a request to exempt Kitty Hawk Subdivision from Wastewater Acreage/Lot Fees. City Manager Noe stated that the applicant requested to re -table this item to January 16, 2007. A motion was made, seconded and passed to table Item 36 until January 16, 2007 (Chesney, Cooper and Kinnison were absent). 3ETABLED TO JANUARY 16, 2007 '11 and south of South Staples Street (FM 2444), from Wastewater Acreage/Lot Fees, submitted on behalf of John Mayor Garrett opened discussion on Item 37 regarding the Wooldridge Road Bridge Replacement. Angel Escobar, Director of Engineering, said the Texas Department of Transportation will fund the construction of the replacement of the bridge and the City will fund the reiocation of the existing utilities. There was no public comment. City Secretary Chapa polled the Council for their votes as follows 37 a ORDINANCE NO. 027081 Ordinance appropriating $949,788.30 from the Texas Department of Transportation into Storm Water Capital Improvement Program Fund No. 3480 for the Wooldridge Road Bridge Replacement Project; amending the FY 2006-2007 Capital Budget adopted by Ordinance No 026997 to increase appropriations by $949,788.30. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Garcia, Kelly, Marez, Noyola, and Scott, voting "Aye"; Chesney, Cooper and Kinnison were absent. Minutes - Regular Council Meeting December 12, 2006 --- Page 15 37 b MOTION NO. 2006-402 Motion authorizing the City Manager or his designee to execute a construction contract with King Isles, Inc., of Corpus Christi, Texas in the amount of $1.151,028.30 for the Wooldridge Road Bridge Replacement The foregoing motion was passed and approved with the following vote: Garrett, Garcia, Kelly, Marez. Noyola, and Scott. voting "Aye"; Chesney, Cooper and Kinnison were absent. 37 c MOTION NO. 2006-403 Motion authorizing the City Manager or his designee to execute Amendment No. 1 to a Professional Services Contract with LNV Engineering, Inc., of Corpus Christi, Texas in the amount of $43,000 for the Wooldridge Road Bridge Replacement for construction observation services. he foregoing motion was passed and approved with the following vote: Garrett, Garcia, Kelly, Marez. Noyola, and Scott, voting "Aye"; Chesney, Cooper and Kinnison were absent. Mayor Garrett opened discussion on Item 38 regarding the Neighborhood Street Reconstruction Project. Angel Escobar, Director of Engineering, presented this item. There was no public comment. City Secretary polled the Council for their votes as follows. 38.a MOTION NO. 2006-404 Motion authorizing the City Manager or his designee to execute a construction contract with Haas -Anderson, of Corpus Christi, Texas in the amount of $8,655,194.55 for the Neighborhood Street Reconstruction Project for Clusters 1, 2, 3, 5, and 7 (BOND 2004). The foregoing motion was passed and approved with the following vote: Garrett, Garcia, Kelly, Marez, Noyola, and Scott. voting "Aye"; Chesney, Cooper and Kinnison were absent. 38 b MOTION NO. 2006-405 Motion authorizing the City Manager or his designee to execute a Construction Materials Testing Contract to Fugro Consultants, L P., of Corpus Christi, Texas in the amount of $61,418.75 for the Neighborhood Street Reconstruction Project for Clusters 1, 2, 3, 5, and 7 (BOND 2004 The foregoing motion was passed and approved with the following vote: Garrett, Garcia, Kelly, Marez. Noyola, and Scott, voting "Aye"; Chesney, Cooper and Kinnison were absent. 38_c MOTION NO. 2006-406 Motion authorizing the City Manager or his designee to execute Amendment No. 1 to a Professional Services Contract with LNV Engineering, Inc., of Corpus Christi, Texas in the amount of $218,900, for a total restated fee of $940,250, for the Neighborhood Street Reconstruction Protect for Clusters 1, 2, 3. 5, and 7 (BOND 2004). The foregoing motion was passed and approved with the following vote: Garrett, Garcia, Kelly, Marez. Noyola, and Scott, voting "Aye"; Chesney, Cooper and Kinnison were absent. Minutes - Regular Council Meeting December 12, 2006 -- Page 16 Mayor Garrett opened discussion on Item 39 regarding AEP Texas Central Company's requested rate changes. Assistant City Manager Oscar Martinez presented this item and said the resolution suspends the effective date of the rate increase for 90 days, authorizes the City to retain counsel, and authorizes the intervention of the City at the Public Utility Commission. He added that prior to the 90 day suspension; counsel will provide a review and recommendation to the City Council Council members asked staff to stay involved in the process and issued concerns regarding legal counsel. There was no public comment. Secretary Chapa polled the Council for their votes as follows 39 RESOLUTION NO 027082 Resolution of the City of Corpus Christi, Texas suspending the effective date of AEP Texas Central Company's requested rate changes to permit the City time to study the request and to establish reasonable rates; approving cooperation with other cities within AEP Texas Central Company's service territory; authorizing intervention in the proceeding at the Public Utility Commission, retaining counsel to represent the City; requiring reimbursement of rate case expenses; requiring notice of this resolution to the company. The foregoing resolution was passed and approved with the following vote: Garrett, Garcia, Kelly, Marez. Noyola, and Scott. voting "Aye"; Chesney, Cooper and Kinnison were absent. Mayor Garrett opened discussion on Item 40 regarding the City's Legislative Program for the 80"' Session on the Legislature. Tom Utter, Special Assistant to the City Manager, provided a background of the upcoming legislative session. He gave an overview of the general policy and procedures of the legislative program and the items classified under the three levels of importance: priority, actively support and endorse. Mr. Utter stated that he anticipates that this session will include major water legislation to be filed which could be detrimental to cities. Bill Kopecky, 3609 Topeka, expresses his concern that the City's legislative program was geared towards enhancing City revenue. City Secretary polled the council for their votes as follows: 4CRESOLUTION NO 027083 Resolution adopting the City of Corpus Christi's Legislative Program for the 80th Session of the Legislature of the State of Texas. The foregoing resolution was passed and approved with the following vote: Garrett, Garcia, Kelly, Marez Noyola, and Scott voting "Aye"; Chesney, Cooper and Kinnison were absent. Mayor Garrett opened discussion on Item 41 regarding governmental relations services relating to general water and environmental issues. Mr. Utter said staff will focus their attention on the protection of water rights at the legislative session. He added that staff is recommending hiring of outside general legislative assistance to protect the City's water resources. Council members asked questions regarding economic development, higher education and the red light issues Bill Kopecky, 3609 Topeka, spoke regarding the hiring of governmental relations services City Secretary Chapa polled the Council for their votes as follows: Minutes - Regular Council Meeting December 12, 2006 Page 17 4- .a MOTION NO. 2006-407 Motion authorizing the City Manager or his designee to execute an agreement between the City of Corpus Christi and Mr Ron Lewis of Austin, Texas, for governmental relations services relating to general water and environmental issues and other matters as directed by the City Manager. The foregoing motion was passed and approved with the following vote: Garrett, Garcia, Kelly, Marez, Noyola, and Scott, voting "Aye"; Chesney, Cooper and Kinnison were absent. 41 b MOTION NO 2006-408 Motion authorizing the City Manager or his designee to execute an agreement between the City of Corpus Christi and HillCo Partners for the governmental relations services of Mr. Dan Pearson and Mr. Snapper Carr relating to general water and environmental issues and other matters as directed by the City Manager The foregoing motion was passed and approved with the following vote: Garrett, Garcia, Kelly, Marez, Noyola, and Scott. voting "Aye"; Chesney, Cooper and Kinnison were absent. Mayor Garrett called for the City Manager's report. Assistant City Manager Martinez reported that the Regular Council meeting on January 9th had been cancelled. Mayor Garrett asked staff about the blue light program, the seawall completion date, the elimination of items on the council action reports, and the hiring of a traffic engineer. He directed staff to have Chief Bryan Smith provide a report on the crime rate. Mayor Garrett called for Council concerns and reports. Mr. Scott asked when an update on Lift Station No. 13 would be provided to Council. Assistant City Manager Margie Rose said this item would be at the next Council meeting. Mr. Noyola asked staff for feedback on the opening of Gabe Lozano Golf Course. Sally Gavlik, Director of Park and Recreation, said staff had received a good response from golfers and a grand opening would be scheduled for March. He also asked for a clarification on the executive session regarding the drug policy for firefighters. Mr. Garcia asked staff to provide him with a current copy of the Board of Directors of the Art Museum. Mr. Marez expressed concern regarding a new business located on Ayers Street and asked staff to work with his constituent to assist the owner on a drive-thru issue. There being no further business to come before the Council, Mayor Garrett adjourned the Council meeting at 4 14 p.rn. on December 12, 2006. .**** **k * *