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.
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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
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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.
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