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HomeMy WebLinkAboutMinutes City Council - 02/27/2007I 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 Fehruary 27, 2007, which were approved by the City Council on March 20 2007, WITNESSETH MY HAND AN[) SEAL, on this the 20th day of March, 2007. Armando Chapa City Secretary SEAL PRESENT Mayor Henry Garrett Mayor Pro Tern Rex Kinnison Council Members: Brent Chesney Melody Cooper Jerry Garcia Bill Kelly John Marez Jesse Noyola Mark Scott MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting February 27, 2007 - 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 Youth Pastor Jason Curlee of Church of Hope and the Pledge of Allegiance to the United States flag was led by Council Member Jesse Noyola. Mayor Garrett called for approval of the minutes of the regular Council meeting of February 20. 2007 A motion was made and passed to approve the minutes as presented. t * * * * * Y * * * * Director of Engineering Angel Escobar briefly informed the Council about the Capital Improvement Projects completed in 2006 for the Public Health and Safety projects. * * * * * * * * * * Mayor Garrett called for consideration of the consent agenda (Items 2 - 15). City Secretary Chapa announced that Council Member Mark Scott would be abstaining from the discussion and vote on Item 10. City Secretary Chapa announced that Item 13 was withdrawn by staff. Mr. Errol Summerlin requested that Item 10 be pulled for individual consideration. Council Member Kelly requested that Item 10 be pulled for individual consideration. City Secretary Chapa polled the Council for their votes as follows: 2. MOTION NO. 2007-057 Motion approving a service agreement with Sierra Services, of Sinton, Texas for the Mary Rhodes pipeline easement right-of-way mowing in accordance with Bid Invitation No. BI - 0111 -07 based on low bid for an estimated annual expenditure of $32,077.36. The term of the agreement 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 Water Department in FY 2006-2007. The foregoing motion was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye". Minutes - Regular Council Meeting_ February 27, 2007 - Page 2 3 MOTION NO. 2007-058 Motion approving the purchase of traffic control equipment from the following vendors for the following amounts based on the Cooperative Purchasing Agreement with the State of Texas, for a total amount of $118,060. Funds have been budgeted by the Street Department in FY 2006-2007. Texas Highway Products LTD. Round Rock, Texas Video Detection Equipment $80.960 Paradigm Traffic Systems, Inc. Fort Worth, Texas UPS Systems $37,100 Grand Total $118,060 The foregoing motion was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye". 4 MOTION NO. 2007-059 Motion approving supply agreements with the following companies for the following amounts for library books and recordings, based on best value, for multiple progressive awards, in accordance with Bid Invitation No. BI -0080-07, for an estimated annual expenditure of $345,735. The term of the agreements shall be for twelve months with options to extend for up to four additional twelve-month periods, subject to the approval of the suppliers and the City Manager or his designee. Funds have been budgeted by the Corpus Christi Public Libraries and the Local Branch of the South Texas Library System in FY 2006-2007. Baker & Taylor Inc. Charlotte, NC Primary Supplier Groups 1-3 $290,888 Brodart Co. Williamsport, PA Secondary Supplier Group 1 $54,847 Grand Total $ 345,735 The foregoing motion was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye". 5 RESOLUTION NO. 027161 Resolution authorizing the City Manager or his designee to execute an Interlocal Cooperation Agreement with the Corpus Christi Independent School District in the amount of $78,500 for the DARE Curricula The foregoing resolution was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison. Marez, Noyola, and Scott, voting "Aye". 6 RESOLUTION NO. 027162 Resolution authorizing the submission of a grant application in the amount of $143,605 to the Texas Department of Transportation for a Comprehensive Selective Traffic Enforcement Project (STEP) in the Police Department for overtime DWI and speed enforcement with a City match of $28,430 for a total project cost of $172,035 and authorizing the City Manager or his designee to apply for accept, reject, alter or terminate the grant. Minutes - Regular Council Meeting February 27, 2007 - Page 3 The foregoing resolution was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye". 7 RESOLUTION NO.027163 Resolution authorizing the City Manager or his designee to enter into an Interlocal Agreement with Nueces County to provide for joint use of Police Records Management and Mobile Data Systems from Intergraph in the amount of $118,217 for client software, data conversion and storage, and training, with ongoing maintenance costs of $17,760 annually starting in year two The foregoing resolution was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison. Marez, Noyola, and Scott, voting "Aye". 8 a. MOTION NO. 2007-060 Motion amending Motion No. 2006-215 authorizing the City Manager to purchase specialized equipment in the amount of $543,368.55 using funds from the 2005 State Homeland Security Grant to designate purchase of the equipment from the Houston - Galveston Area Council of Government (HGAC). The foregoing motion was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye". 8 b. ORDINANCE NO. 027164 Ordinance appropriating $543,368.55 from the State Homeland Security Grant Program in Fire Grant Fund 1062 for the purchase of specialized equipment. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye" 9 MOTION NO. 2007-061 Motion authorizing the City Manager or his designee to sign the First Amendment to the Raw Water Supply Contract between the City of Corpus Christi and San Patricio Municipal Water District to increase the amount of raw water to be sold to San Patricio Municipal Water District by 11,200 -acre feet per calendar year. The foregoing motion was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye". 1 1 MOTION NO. 2007-062 Motion authorizing the City Manager or his designee to execute Amendment No. 1 for project management services in the amount of $532,020 for a restated total fee of $1,690,020 with Anderson Group Construction Management, Inc., of Corpus Christi, Texas for various Capital Improvement Projects associated with the 2007 Capital Improvement Program. Minutes - Regular Council Meeting February 27, 2007 -- Page 4 The foregoing motion was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye". 12 MOTION NO. 2007-063 Motion authorizing the City Manager or his designee to execute Change Order No. 1 to the construction contract with Musco Sports Lighting, LLC, of Round Rock, Texas in the amount of $73,940 for the Sports Field Lighting Improvements for the addition of Universal Little League. (BOND ISSUE 2004) The foregoing motion was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye". 13 WITHDRAWN 14 ORDINANCE NO. 027166 Ordinance abandoning and vacating a 172.50 -square foot portion of a 7.5 -foot wide utility easement out of Lot 9, Block 4, Boardwalk Unit 1, adjacent to Boardwalk Avenue, and approximately 272 -feet southwest of the Timbergate Drive and Boardwalk Avenue intersection; requiring the owner. Herbert R. Saenz, to comply with the specified conditions. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye" 15 FIRST READING ORDINANCE Amending the Code of Ordinances, City of Corpus Christi, Chapter 14, to reduce building permit and survey fees for business operations in Census Tracts 5, 7, 13, 35, and 50 included in the expanded Renewal Community; providing for publication; providing for an effective date. The foregoing ordinance was passed and approved on its first reading with the following vote: Garrett, Chesney, Cooper Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye". Mayor Garrett opened discussion on Item 10 regarding the exchange of land with the Corpus Christi Independent School District. Errol Summerlin, on behalf of the Hill Crest Neighborhood Association, expressed the concern of the neighborhood regarding the land exchange for the Booker T Washington School and the proposed purpose of the site. Council Members asked questions regarding the potential use of the land for redevelopment of the north side area; the lease agreement to continue the Head Start program; and the acreage of the property. City Secretary Chapa polled the Council for their votes as follows: Minutes - Regular Council Meeting February 27, 2007 - Page 5 10 ORDINANCE NO. 027165 Ordinance authorizing the approval of a Land Exchange Agreement between the City of Corpus Christi and the Corpus Christi Independent School District (CCISD)forthe exchange of 2.98 acres owned by the City from the Lindale Park Subdivision, Section 3, located north of Ray High School, in exchange for two properties owned by CCISD described as the Booker T. Washington School Site (Bluff Addition, all of Block 55) and a 1.76 acre tract located on Timon Boulevard on North Beach; approving closing costs not to exceed $6,000; and authorizing the City Manager or his designee to execute an Exchange Agreement and Warranty Deed in connection with the exchange of land. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, and Noyola, voting "Aye": Scott abstained. *********** Mayor Garrett referred to Item 16. and a motion was made, seconded and passed to open the following public hearing: 16.a. Public hearing to consider abandoning and vacating a 31,825 -square foot portion (0.7306 acres) of an undeveloped 20 -foot wide dedicated public right-of-way out of Lots 21-23, Section 32, Flour Bluff and Encinal Farm and Garden Tracts (San Cristobal at Terra Mar Subdivision) south of and adjacent to Victoria Park Unit 7 Subdivision and approximately 450 -feet southwest of the Oso Parkway Street right-of-way. No one appeared in opposition to the public hearing. Mr. Chesney made a motion to close the public hearing, seconded by Ms. Cooper, and passed. Mr. Chapa polled the Council for their votes as follows: 16.b. FIRST READING ORDINANCE Abandoning and vacating a 31,825 -square foot portion (0.7306 acres) of an undeveloped 20 -foot wide dedicated public right-of-way out of Lots 21-23, Section 32, Flour Bluff and Encinal Farm and Garden Tracts (San Cristobal at Terra Mar Subdivision) south of and adjacent to Victoria Park Unit 7 Subdivision and approximately 450 -feet southwest of the Oso Parkway Street 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, Chesney, Cooper Garcia, Kelly. Kinnison, Marez, Noyola, and Scott, voting "Aye". Mayor Garrett referred to Item 17 and a motion was made, seconded and passed to open the following public hearing: 17 a. Public hearing to consider abandoning and vacating a 26,310 -square foot portion (0.604 acres) of an undeveloped 20 -foot wide dedicated public right-of-way out of Lot 1, Section 32, Flour Bluff and Encinal Farm and Garden Tracts (Valencia at Terra Mar Subdivision), southeast of and adjacent to Monte Verde at Terra Mar Unit 1 Subdivision, between the Holly Road and Wooldridge Road Street rights-of-way. Minutes - Regular Council Meeting February 27, 2007 Page 6 No one appeared in opposition to the public hearing. Mr. Chesney made a motion to close the public hearing, seconded by Ms, Cooper, and passed. Mr. Chapa polled the Council for their votes as follows: 17 b FIRST READING ORDINANCE Abandoning and vacating a 26,310 -square foot portion (0.604 acres) of an undeveloped 20 - foot wide dedicated public right-of-way out of Lot 1, Section 32, Flour Bluff and Encinal Farm and Garden Tracts (Valencia at Terra Mar Subdivision), southeast of and adjacent to Monte Verde at Terra Mar Unit 1 Subdivision, between the Holly Road and Wooldridge Road Street rights-of-way, subject to owners compliance with the specified conditions. The foregoing ordinance was passed and approved on its first reading with the following vote: Garrett, Chesney, Cooper Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Ave". Mayor Garrett referred to Item 18, and a motion was made, seconded and passed to open the public hearing on the following zoning case: Case No. 0107-02, Fuel The Element of Men's Grooming, LLC: A change of zoning from an "AB" Professional Office District to a "B-1" Neighborhood Business District on property described as Windsor Park Unit 4, Block 35, Lot 1, located along the northeast intersection of Everhart Road and Janssen Drive. City Secretary Chapa stated that the Planning Commission and staff recommended approval of the "B-1" Neighborhood Business District. No one appeared in opposition to the zoning change. Mr. Garcia made a motion to close the public hearing, seconded by Ms. Cooper, and passed. Mr. Chapa polled the Council for their votes as follows: 18. ORDINANCE NO. 027167 Amending the Zoning Ordinance, upon application by Fuel The Element of Men's Grooming, LLC, by changing the zoning map in reference to Windsor Park Unit4, Block 35, Lot 1, from an "AB" Professional Office District to a "B-1" Neighborhood 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, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye" Mayor Garrett referred to Item 19. and a motion was made, seconded and passed to open the public hearing on the following zoning case: Case No. 0107-05, Wayne Lundquist, Trustee: A change of zoning from a "B-4" General Business District to a "B-5" Primary Business District on property described as Joslin Tracts, Block 2, Lot 4, located north of South Padre Island Drive and approximately 1, 500 -feet west of Ennis Joslin Drive. City Secretary Chapa stated that the Planning Commission and staff recommended approval of a `13-5" Primary Business District Minutes - Regular Council Meeting February 27, 2007 - Page 7 No one appeared in opposition to the zoning change. 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 19 ORDINANCE NO. 027168 Amending the Zoning Ordinance, upon application by Wayne Lundquist, Trustee, by changing the zoning map in reference to Joslin Tracts, Block 2, Lot 4, from a "B-4" General Business District to a "B-5" Primary 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, Chesney, Cooper, Garcia, KeIIy, Kinnison, Marez, Noyola, and Scott, voting "Aye" Mayor Garrett referred to Item 20, and a motion was made, seconded and passed to open the public hearing on the following zoning case: Case No. 0107-06, Christus Spohn Health System: A change of zoning from an "A-1" Apartment House District to an "AB" Professional Office District on property described as Bayview Subdivision, Block 6, Lot 5, located at 1217 Ocean Drive between Morgan Avenue and Craig Street. City Secretary Chapa stated that the Planning Commission and staff recommended approval of the "AB" Professional Office District. Brenda Parrish, on behalf of William Henton, requested clarification of the zoning ordinance. Faryce Goode -Macon, Interim Assistant Director of Development Services, provided an explanation of the zoning change. Mr Garcia made a motion to close the public hearing, seconded by Mr. Chesney, and passed. Mr Chapa polled the Council for their votes as follows: 20 ORDINANCE NO. 027169 Amending the Zoning Ordinance, upon application by Christus Spohn Health System, by changing the zoning map in reference to Bayview Subdivision, Block 6, Lot 5, from an "A-1" Apartment House District to an "AB" Professional Office 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, Chesney, Cooper, Garcia, KeIIy, Kinnison, Marez, Noyola, and Scott, voting "Aye" Mayor Garrett referred to Item 21, and a motion was made, seconded and passed to open the following public hearing: 21 a Public hearing to consider AEP Texas Central Company's requested increase in its electric transmission and distribution rates and charges within the City. Minutes - Regular Council Meeting February 27, 2007 -- Page 8 Assistant City Manager Oscar Martinez provided a background of this item and stated that staff was recommending that AEP Texas Central Company's proposed revenues for transmission and distribution service should be denied and that the proposed rate ordinance be adopted. Council members asked questions regarding rate increases and the consultant's recommendation. There were no comments from the audience. Mr. Garcia made a motion to close the public hearing, seconded by Mr Chesney, and passed. City Secretary Chapa polled the Council for their votes as follows: 21.b ORDINANCE NO. 027170 Ordinance of the City of Corpus Christi, Texas finding, after reasonable notice and hearing, that AEP Texas Central Company's requested increases to its electric transmission and distribution rates and charges within the City should be denied; providing for recovery of rate case expenses; preserving regulatory rights of the City; resolving other provisions related to the subject matter hereof. (Attachment # 21) An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye" Mayor Garrett opened discussion on Item 22 regarding the issuance of the remainder of the General Improvement Bonds. Director of Finance Cindy O'Brien presented this item. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 22. ORDINANCE NO. 027171 Ordinance providing for the issuance of the General Improvement Bonds, Series 2007A, of the City of Corpus Christi. Texas, in an aggregate principal amount not to exceed $31,500,000; establishing parameters regarding the sale of the bonds; 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 documents in connection with the sale of the bonds, including execution of a bond purchase contract; and providing that this ordinance shall be En 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, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye" Mayor Garrett referred to Item 23, a presentation regarding the Sister City Committee Activities Report. Heather Stanton Moretzsohn, General Chair of the Sister City Committee provided a powerpoint presentation including a background of the committee; the six current Sister Cities relationships; an explanation of the various Sister City programs; the duties and purpose of Sister Cities; the Sister City budget from 1998 to 2006; the budget challenges and solutions; and a formal request to the City Council to reinstate the Sister City budget. Ms. Moretzsohn also read a letter of support from Mr. John Tower. Council Members asked questions regarding budget reductions; the Toledo exchange relationship; continued fundraising efforts; partner relationships; proposed sister cities; and the creation of an advisory committee. Minutes - Regular Councii Meeting February 27, 2007 - Page 9 Mayor Garrett referred to Item 24, a presentation regarding the Equal Opportunity Rights in Employment and Fair Housing Education Forum. Director of Human Relations Leon Bazar; Chairperson of the Human Relations Commission Crystal Lyons; President of LULAC Council No. 1 Dr Nick Adame; and Rudy Medina with LULAC Council No. 4444 provided a powerpoint presentation regarding an educational and outreach activity partnership to target employment discrimination and fair housing. The event is scheduled for Saturday, March 3, 2007 at the Oveal Williams Senior Center from 8:30 a m. to 12:30 p m. *********** Mayor Garrett called for petitions from the audience. Carolyn Moon, 4902 Calvin, spoke regarding the noise from Concrete Street Amphitheater. Mayor Garrett announced the executive sessions, which were listed on the agenda as follows: 25 Executive session under Texas Government Code Section 551.071 regarding Arnulfo Garcia v. City of Corpus Christi; Civil Action No. 06-198; in the United Sates District Court, with possible discussion and action related thereto in open session. 26 Executive session under Texas Government Code Sections 551.071 and 551.072 regarding consultation with attorney and deliberation regarding the Oso Beach Municipal Golf Course property and/or possible location of a future golf course site with possible discussion and action related thereto in open session. The Council went into executive session. The Council returned from executive session and the following ordinances were passed with the following vote: 25 MOTION NO. 2007-064 Motion authorizing the City Manager to approve a Legal Services Agreement with Tony Canales and Nancy Simsonson of CANALES & SIMONSON, P.C., to represent the City of Corpus Christi in Civil Action No. 06-198: Arnulfo Garcia vs. City of Corpus Christi; In the United States District Court, at an hourly rate of $200.00. The foregoing motion was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Marez, and Noyola, voting "Aye"; Kinnison and Scott were absent. * * * Mayor Garrett called for the City Manager's report. City Manager Noe announced the "Coastal Bend Days" in Austin on March 6th and 7th to work with the legislative delegation. City Manager Noe announced a "Pride Program" meeting with the Gardendale Neighborhood at 6:00 p.m tonight at Solid Rock United Pentecostal Church on Curtis Clark. Mr. Noe reported that the 2006 Annual Reports will be produced and included as an insert in the Caller Times on March 11th Mayor Garrett requested an update on the status of the Marina. Mayor Garrett called for Council concerns and reports. Council Member Melody Cooper spoke regarding the need of infrastructure improvements at the Asian Cultural Museum. Minutes - Regular Council Meeting February 27, 2007 - Page 10 There being no further business to come before the Council, Mayor Garrett adjourned the Council meeting at 12:38 p.m. on February 27, 2007.