HomeMy WebLinkAboutMinutes City Council - 02/13/20071 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 February 13, 2007, which were approved by the
City Council on February 2..0, 2007
WITNESSETH MY HAND AND SEAL, on this the 20th day of February, 2007.
Armando Cha
City Secretary
SEAL
MINUTES
CITY OF CORPUS CHRISTI, TEXAS
Regular Council Meeting
February 13, 2007 - 10:00 a.m.
PRESENT
Mayor Henry Garrett
Mayor Pro Tem Rex Kinnison
Council Members:
Melody Cooper
Jerry Garcia
Bill Kelly
John Marez*
Jesse Noyola
Mark Scott
ABSENT
Brent Chesney
*Mr. Marez arrived at 10:07 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 Tracy Watson with Padre Island Baptist Church and
the Pledge of Allegiance to the United States flag was led by Council Member Rex Kinnison.
Mayor Garrett called for approval of the minutes of the regular Council meeting of January
30 2007. A motion was made and passed to approve the minutes as presented.
k * * * * * k * * * *
Mayor Garrett referred to Item 2 and the following board appointments were made:
Corps Christi Convention and Visitors Bureau
Bill Morgan (Appointed)
Mechanical/F'lumbinq Advisory Board
Bob Hughes (Reappointed)
Everest Huerta (Reappointed)
James Michael Dildy (Reappointed)
Scott Corliss (Reappointed)
H Ray Johnson, Jr. (Reappointed)
Robert Ross Pate (Appointed)
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Mayor Garrett called for consideration of the consent agenda (Items 3 - 18). There were no
comments from the public. Council Member Mark Scott requested that Item 9 be pulled for
individual consideration. City Secretary Chapa polled the Council for their votes as follows:
Minutes - Regular Council Meeting
February 13, 2007 - Page 2
MOTION NO. 2007-037
Motion approving the purchase of one (1) vactortruck from Southwest International Trucks,
of Arlington, Texas based on the cooperative purchasing agreement with the Texas Local
Govemment Purchasing Cooperative for a total amount of $264,509. The equipment will be
used by the Wastewater Department. This unit is a replacement. Funding is available from
the FY2006-2007 Capital Outlay budget in the Maintenance Services Fund.
The foregoing motion was passed and approved with the following vote: Garrett, Cooper,
Garcia, Kelly, Kinnison, Noyola, and Scott, voting "Aye"; Chesney and Marez were absent.
MOTION NO. 2007-038
Motion approving supply agreements with the following companies for the following amounts
in accordance with the Coastal Bend Council of Govemments Bid Invitation No. CBCOG-07-
01 for food items which include canned and frozen fruit and vegetables, meats and
condiments for an estimated six-month expenditure of $134,892.93. The terms of the
contracts shall be for six months with an option to extend for up to three additional months,
subject to the approval of the Coastal Bend Council of Governments, the suppliers, and the
City Manager or his designee. Funds have been budgeted by Senior Community Services in
FY 2006-2007.
LaBatt Food Service PFG Ben E. Keith
Corpus Christi, TX Victoria, TX San Antonio, TX
90 Items 59 Items 51 Items
$51,836.93 $42,216.74 $40,839.26
Grand Total: $134,892.93
The foregoing motion was passed and approved with the following vote: Garrett, Cooper,
Garcia, Kelly, Kinnison, Noyola. and Scott, voting "Aye"; Chesney and Marez were absent.
MOTION NO. 2007-039
Motion approving the lease purchase of the following equipment from the following
companies in accordance with Bid Invitation No. BI -0120-07, based on only bid and most
advantageous bid, for a total expenditure of $111,795. The equipment will be installed at the
Power Street Storm Water Pump Station. Financing will be provided through the City's
lease/purchase financing program.
Holt Power Systems
Corpus Christi, TX
Diesel Engine
$68,095
Amarillo Gear Company
Amarillo, TX
Right Angler Gear Assembly
$43,700
Grand Total: $111,795
The foregoing motion was passed and approved with the following vote: Garrett, Cooper,
Garcia, Kelly, Kinnison, Noyola. and Scott, voting "Aye"; Chesney and Marez were absent.
Minutes -- Regular Council Meeting
February 13, 2007 --- Page 3
6.a. RESOLUTION NO 027138
Resolution authorizing the City Manager or his designee to accept a grant of $1,554 with the
Texas State Library and Archives Commission for the purchase of "GoToMyPC" annual
software license for the South Texas Library System located in the Corpus Christi Public
Library.
The foregoing resolution was passed and approved with the following vote: Garrett, Cooper,
Garcia, Kelly, Kinnison, Noyola, and Scott, voting "Aye"; Chesney and Marez were absent.
6.b. ORDINANCE NO. 027139
Ordinance appropriating $1,554 from the Texas State Library and Archives Commission in
the No. 1068 Federal/State Grants Fund for the purchase of "GoToMyPC" annual software
license for the South Texas Library System located in the Corpus Christi Public Library.
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Garrett, Cooper, Garcia, Kelly, Kinnison, Noyola, and Scott, voting "Aye";
Chesney and Marez were absent.
ORDINANCE NO. 027140
Ordinance amending Ordinance No. 026671 which appropriated $146,524.60 to change the
name of the Grant funding to read "Metropolitan Medical Response Contract" instead of
State Homeland Security Grants
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Garrett, Cooper, Garcia, Kelly, Kinnison, Noyola, and Scott, voting "Aye";
Chesney and Marez were absent.
8. RESOLUTION NO. 027141
Resolution authorizing the City Manager or his designee to execute an Interlocal Agreement
with Nueces County to participate in the Crisis Intervention Team (CIT), provide officers
trained in crisis intervention to serve on the team, and provide a grant match of $50,000 to
participate in the Crisis Intervention Team (CIT).
The foregoing resolution was passed and approved with the following vote: Garrett, Cooper,
Garcia, Kelly, Kinnison, Noyola, and Scott, voting "Aye"; Chesney and Marez were absent.
1G MOTION NO. 2007-040
Motion approving authorized list of financial underwriters.
The foregoing motion was passed and approved with the following vote: Garrett, Cooper,
Garcia, Kelly, Kinnison, Noyola. and Scott, voting "Aye"; Chesney and Marez were absent.
11 a. ORDINANCE NO. 027143
Ordinance by the City Council of the City of Corpus Christi, Texas, providing for the issuance
of City of Corpus Christi, Texas, Combination Tax and Utility System Revenue Certificates of
Obligation, Series 2007, in an aggregate principal amount not in excess of $11,000,000, and
ordaining other matters relating to the subject.
Minutes - Regular Council Meeting
February 13, 2007 -- Page 4
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Garrett, Cooper, Garcia, Kelly, Kinnison, Noyola, and Scott, voting "Aye";
Chesney and Marez were absent
11 b ORDINANCE NO. 027144
Ordinance providing for the issuance of three million eight hundred thirty thousand dollars
($3,830,000) of the General Improvement Bonds, Series 2007, of the City of Corpus Christi,
Texas, bearing interest at the rates hereinafter set forth, and providing for the levy,
assessment and collection of a tax sufficient to pay the interest on said bonds and to create
a sinking fund for the payment of the principal thereof; repealing all ordinances in conflict
herewith; approving the execution of a loan agreement with the Texas Military Preparedness
Commission; and providing that this ordinance shall be in force and effect from and after the
date of its passage
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Garrett, Cooper, Garcia, Kelly, Kinnison, Noyola, and Scott, voting "Aye";
Chesney and Marez were absent
12 RESOLUTION NO. 027145
Resolution in support of the efforts of the BiNational Texas -Tamaulipas Economic Alliance.
The foregoing resolution was passed and approved with the following vote: Garrett, Cooper,
Garcia, Kelly, Kinnison, Noyola, and Scott, voting "Aye"; Chesney and Marez were absent.
13 MOTION NO. 2007-041
15
Motion authorizing the City Manager or his designee to execute a construction contract with
Reese Contracting, of Corpus Christi, Texas in the amount of $977,777 for the
Southmoreland Addition Street Improvements Phase 3B & 4B, Part 1.
The foregoing motion was passed and approved with the following vote: Garrett, Cooper,
Garcia, Kelly, Kinnison, Noyola, and Scott, voting "Aye"; Chesney and Marez were absent.
MOTION NO. 2007-042
Motion authorizing the City Manager or his designee to execute a construction contract with
RS Black Civil Contractors Inc./Machinery & Materials, Inc. (a joint venture), of Corpus
Christi, Texas in the amount of $722,340 for the O. N. Stevens Water Treatment Plant
Walking Beam Flocculator Repairs for the Total Base Bid and Additive Alternate Nos. 1 and
The foregoing motion was passed and approved with the following vote: Garrett, Cooper,
Garcia, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Chesney and Marez were absent.
MOTION NO. 2007-043
Ratification and motion authorizing the City Manager or his designee to execute Amendment
No 9 to the engineering services contract with HDR Engineering, Inc., of Austin, Texas, in
the amount of $36,990 for a total restated fee of $1,610,740 for the Rincon Channel Pipeline
Project.
Minutes - Regular Council Meeting
February 13, 2007 -- Page 5
The foregoing motion was passed and approved with the following vote: Garrett, Cooper,
Garcia, Kelly, Kinnison, Noyola. and Scott, voting "Aye"; Chesney and Marez were absent.
16 RESOLUTION NO. 027146
Resolution authorizing the City Manager or his designee to execute Amendment No. 2 to the
Local Transportation Project Advance Funding Agreement with the Texas Department of
Transportation (TXDOT) in the amount of $0 for changing the limits of the Bay Trail, Phase 3
Project.
The foregoing resolution was passed and approved with the following vote: Garrett, Cooper,
Garcia, Kelly, Kinnison, Noyola. and Scott, voting "Aye"; Chesney and Marez were absent.
17 MOTION NO. 2007-044
Motion authorizing the City Manager to execute a Deferment Agreement with Shell Land
Management Co., Inc., (Developer), in the amount of $238,541.81 for public improvements
including construction of water, wastewater, paving, and drainage improvements for
Saratoga Weber Plaza, Block 9, Lot 5, located south of Saratoga Boulevard and west of
Weber Road, in accordance with the Platting Ordinance Section V -Required Improvements,
Subsection A. 3. b), contingent upon receipt of letter of credit compliant with City
requirements
The foregoing motion was passed and approved with the following vote: Garrett, Cooper,
Garcia, Kelly, Kinnison, Noyola. and Scott, voting "Aye"; Chesney and Marez were absent.
18. ORDINANCE NO. 027147
Amending Article 33 "Supplementary Sign Regulations, Permits, Plats, and Filing Fees"
allowing intermittent lighting, Light Emitting Diode (LED) and Liquid Crystal Display (LCD)
Signage; providing for penalty; providing for publication; and providing for an effective date.
(First Reading 01/30/07)
The foregoing ordinance was passed and approved on its second reading with the following
vote: Garrett, Cooper, Garcia, Kelly, Kinnison, Noyola, and Scott, voting "Aye"; Chesney and
Marez were absent
Mayor Garrett opened discussion on Item 9 regarding a lease and use agreement with
Padres Soccer League at Bill Witt Park Youth Soccer Complex. Council Member Scott and Council
Member Garcia expressed their concern regarding the importance of enhancing sport tourism
opportunities and including Bill Witt Park in future bond elections. Council Member Noyola stated
that funding should be considered for the future sports park near the State School and at Bill Witt
Park. City Secretary Chapa polled the Council for their votes as follows:
9. ORDINANCE NO. 027148
Ordinance authorizing the City Manager or his designee to execute a five-year Lease and
Use Agreement with Padre Soccer League ("lessee") for use of City property (Bill Witt Park
Youth Soccer Complex) for lessee's youth soccer programs and in consideration of lessee
maintaining the premises and improvements.
Minutes - Regular Council Meeting
February 13, 2007 - Page 6
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Garrett, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting
"Aye"; Chesney was absent
* * * * * * * * * *
Mayor Garrett referred to Item 24, a presentation regarding an update of the Regional Health
Awareness Board. Dr. James Mobley, Chair of the Regional Health Awareness Board, provided a
powerpoint presentation including: the history and creation of the board; the board's mission
statement; the characteristics of the board; the 2006 and 2007 goals; the board's representation;
and the current active inquires.
Council members asked questions regarding the funding of the board; reaching conclusions
to inquiries; method of developing inquiries; and providing public information and awareness of
inaccurate conclusions.
Mayor Garrett referred to Item 23, a presentation regarding a donation by the Rotary Club of
a "Town Clock" in Heritage Park. Art Zeitler, Past President of the Rotary Club, provided a
description of the clock, the location of the clock in Heritage Park near the intersection of Chaparral
Street and Resaca Street and referred to a powerpoint presentation including examples of similar
clocks and the site of the old town dock previously located at Schatzell Street and Mesquite Street.
He added that the Rotary Club has offered to donate the clock in memory of early club members
who provided community leadership.
Council members expressed their appreciation to the Rotary Club for their fundraising efforts
and donation of the town clock.
Mayor Garrett referred to Item 19, and a motion was made, seconded and passed to open
the public hearing on the following alley closure:
19.a Public hearing to consider abandoning and vacating a 6,001 -square foot portion of a 20 -foot
wide by 300 -foot long, undeveloped public alley right-of-way, out of Block 19, Brooklyn
Addition, between the Neal Street and Hayes Street public rights-of-way.
No one appeared in opposition to the public hearing. Mr. Noyola made a motion to close the
public hearing, seconded by Mr. Scott, and passed. Mr. Chapa polled the Council for their votes as
follows:
19.b ORDINANCE NO. 027148
Ordinance abandoning and vacating a 6,001 -square foot portion of a 20 -foot wide by 300 -
foot long, undeveloped public alley right-of-way, out of Block 19, Brooklyn Addition, between
the Neal Street and Hayes Street public rights-of-way; subject to owner's compliance with
the specified conditions.
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Garrett, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting
"Aye"; Chesney was absent
Mayor Garrett referred to Item 20, and a motion was made, seconded and passed to open
the public hearing on the following zoning case:
Minutes - Regular Council Meetinc,
February 13, 2007 - Page 7
Case No. 0107-01, Edwin Williams: A change of zoning from a "B-1/SP" Neighborhood
Business District with a Special Permit to a "B-4" General Business District on property
being Coastal Bend Subdivision, Block 2, Lot 7, located north of Northwest Boulevard (FM
624) and 575 feet east of County Road 69.
No one appeared in opposition to the zoning case. Ms. Cooper made a motion to close the
public hearing, seconded by Mr. Garcia, and passed. Mr. Chapa polled the Council for their votes
as follows
20 ORDINANCE NO. 027149
Amending the Zoning Ordinance, upon application by Edwin Williams, by changing the
zoning map in reference to Coastal Bend Subdivision, Block 2, Lot 7 (currently zoned "B-
1/SP" Neighborhood Business District with a Special Permit) by granting a Special Permit to
allow for a 7,500 -square foot auto parts and sales building with no service bays, which
exceeds the matter of right allowable building square footage for such use, subject to a site
plan and two (2) conditions; amending the Comprehensive Plan to account for any
deviations from the existing Comprehensive Plan; providing a repealer clause; providing a
penalty; providing for publication
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Garrett, Cooper, Garcia, Kelly, Kinnison, Marez, and Noyola, voting "Aye";
Chesney and Scott were absent
Mayor Garrett referred to Item 21, and a motion was made, seconded and passed to open
the public hearing on the following zoning case:
Case No. 1206-04, The Preserve at Mustang Island, LLC: 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 property being 88.45 acres out of the Bryan William Survey No.
606, LS 64, located along the north side of Zahn Road on Mustang Island.
Dan McGinn, Project Manager, presented this item. Johnny French, 4417 Carlton, spoke
regarding the potential of the site and the wetlands increasing in size in this area. Mr. Scottrnadea
motion to close the public hearing, seconded by Ms. Cooper, and passes. Mr. Chapa polled the
Council for their votes as follows:
2^ ORDINANCE NO. 027150
Amending the Zoning Ordinance, upon application by The Preserve at Mustang Island, LLC,
by changing the zoning map in reference to 88.45 acres out of the Bryan William Survey No.
606, LS 64, from "AT" Apartment Tourist District to a "AT/PUD-2" Apartment Tourist District
with a Planned Unit Development -2 Overlay; amending the Comprehensive Plan to account
for any deviations from the existing Comprehensive Plan; providing a repealer clause;
providing a penalty, providing for publication.
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Garrett, Cooper, Garcia, Kelly, Kinnison, Noyola, and Scott, voting "Aye";
Chesney and Marez were absent.
Mayor Garrett referred to Item 22, and a motion was made, seconded and passed to open
the public hearing on the following zoning case:
Minutes -- Regular Council Meeting
February 13, 2007 -- Page 8
Case No. 1206-05, The Preserve at Mustang Island, LLC: A change of zoning from an "AT"
Apartment Tourist District to a "B -2A" Barrier Island Business District on property being 6.39
acres out of the Bryan William Survey No. 606, LS 64, located along the north side of Zahn
Road on Mustang Island.
Dan McGinn, Project Manager, presented this item. Johnny French, 4417 Carlton, spoke
regarding a small pond, the development of a public park, and the safety concem of the intersection.
Council members asked questions regarding the property ownership and size; the retention pond;
the plan for the commercial property; and a plan for the intersection and widening of Zahn Road.
Mr. Garcia made a motion to close the public hearing, seconded by Mr. Scott, and passed.
Mr. Chapa polled the Council for their votes as follows:
22 ORDINANCE NO. 027151
Amending the Zoning Ordinance, upon application by The Preserve at Mustang Island, LLC,
by changing the zoning map in reference to 6.39 acres out of the Bryan William Survey No.
606, LS 64, from "AT" Apartment Tourist District to a "B -2A" Barrier Island Business District;
amending the Comprehensive Plan to account for any deviations from the existing
Comprehensive Plan; providing a repealer clause; providing a penalty; providing for
publication
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Garrett, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting
"Aye"; Chesney was absent
*****k****
City Manager Noe stated that Item 25, a presentation from the Corpus Christi Regional
Economic Development Corporation would be postponed until February 20, 2007.
Mayor Garrett referred to Item 26, a presentation from the Texas Department of
Transportation regarding the State Highway (SH) 361 Feasibility Study. Mike Walsh, Project
Engineer with the Texas Department of Transportation, provided a powerpoint presentation
regarding the purpose of the State Highway 361 feasibility study including the future needs based on
growth, traffic projections, identify issues, cost benefit analysis and potential funding needs and
sources. six design concepts; funding strategies and conclusions. Mr. Walsh stated that the
Concept 4 -Split Level Corridor appears to offer the best solution but additional input and studies are
still required.
Council members asked questions regarding the based projections of traffic flow; land
acquisition of right-of-ways; the raising of the Packery Channel Bridge and additional lanes;
environmental concerns; leverage of a hurricane evacuation route as a funding source from the
state; public meetings; obstacles of development by landowners and developers; drainage capacity;
and the distance between turnarounds.
***F*****
Mayor Garrett opened discussion on Item 27 regarding the Corpus Christi Fire Fighters
Retirement System. Assistant City Manager Oscar Martinez provided a background of the issues
regarding the Corpus Christi Firefighters Retirement System; the members of the Mayor's Advisory
Committee for the Corpus Christi Firefighters; an overview of the current Firefighters Retirement
Minutes - Regular Council Meeting
February 13, 2007 — Page 9
System and comparison of the Texas Municipal Retirement System contribution rate; additional
findings including comparisons with other Texas cities and past increases in benefits for retired
firefighters and their beneficiaries; schedule of increased contributions by the City and the Fire
Fighters: and the advisory committee's recommended phase in schedule from 2007 to 2013.
Bob White, Chairman of the Mayor's Committee for the Corpus Christi Firefighters
Retirement System. spoke regarding the history of the retirement system and the recommended
changes
Council members thanked staff and the members of the committee for their efforts to
bringing forth a recommendation. Lionel Lopez, 4325 Philippine, thanked the Mayor and Council for
resolving this issue. Mr. Martinez asked for an amendment to include Social Security Medicare. Mr.
Noyola made a motion to approve the amendment, seconded by Mr. Kelly and passed. City
Secretary Chapa polled the Council for their votes as follows:
27 RESOLUTION NO. 027152
Resolution increasing contributions to the Corpus Christi Fire Fighters Retirement System
(CCFFRS) by Corpus Christi Fire Fighters and the City of Corpus Christi.
The foregoing resolution was passed and approved as amended with the following vote:
Garrett, Cooper. Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye"; Chesney
was absent.
Mayor Garrett called for petitions from the audience. John Torrey, 7253 Yaupon, spoke on
behalf of Haas Materials regarding the need for approval from the City to market crushed concrete.
Kaye Noyes, 930 Coral, spoke regarding the Memorial Coliseum and to activate a program for
ambassadors over 50 for the City.
Mayor Garrett announced the executive sessions, which were listed on the agenda as
follows:
28. Executive session under Texas Government Code Section 551.072 regarding real estate
transaction issues relating to the lease of the Memorial Coliseum site with possible
discussion and action related thereto in open session.
The Council went into executive session. The Council returned from executive session.
***K*****
Mayor Garrett called for the City Manager's report. City Manager Noe announced that the
Museum of Science and History is observing its 50th Anniversary and reported on a number of series
to celebrate the event. Mr Noe reported on the success of "City Hall at the Mall."
Mayor Garrett thanked City Manager Noe and Assistant City Manager Oscar Martinez for
their involvement on the Mayor's Committee for the Corpus Christi Firefighters Retirement System.
Mayor Garrett called for Council concerns and reports. Council Member Noyola asked staff
to provide South Park Middle School with recognition for their clean up efforts. Mr. Noyola asked
Minutes - Regular Council Meeting
February 13, 2007 - Page 10
questions regarding the use of surveillance cameras in certain areas to monitor graffiti.
Council Member Scott asked staff to provide a report of the five-year financial projections
and to send a letter to the Texas Department of Transportation for moving equipment on the beach.
Mr Scott asked staff to respond to questions at the upcoming Town Hall meeting on Padre Island.
Council Member Garcia spoke regarding "City Hall at the Mall" and a pothole located at the
entry to the Builders Association of Corpus Christi.
Council Member Marez asked questions regarding a curfew change at Corpus Christi Beach;
the process of renaming a street in the Corpus Christi Beach area; signage for the DTown area; and
the kickoff event date for the Lindaie construction project.
Council Member Cooper asked staff to provide a summary of the awards and periodicals that
feature the City's Wi-Fi project.
Council Member Kinnison spoke regarding potholes in the American Bank Center parking
lot
There being no further business to come before the Council, Mayor Garrett adjourned the
Council meeting at 1 12 p.m. on February 13, 2007.