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HomeMy WebLinkAboutMinutes City Council - 05/29/2007I 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 May 29, 2007, which were approved by the City Council on June 12, 2007. WITNESSETH MY HAND AND SEAL, on this the 12th day of June, 2007. Armando Chapa City Secretary SEAL INDEXED MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting May 29, 2007 - 10:00 a.m. PRESENT Mayor Henry Garrett Mayor Pro Tem Nelda Martinez Council Members: Melody Cooper Larry Elizondo, Sr. Mike H u rmel I Bill Kelly Priscilla Leal Michael M Cut hon John Marren 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 Rod Carver of Calvary Chapel Coastiands and the Pledge of Allegiance to the United States flag was led by Council Member Bill Kelly. Mayor Garrett called for approval of the minutes of the regular Council meetings of May 22, 2007. A motion was made and passed to approve the minutes as presented. ******** * * * * Mayor Garrett referred to Item 2 and the following board appointments were made: Airport Board Jesse Olivares (Reappointed) Donald M. Feferman (Reappointed) J.C. Ayala (Reappointed) Ed Hicks (Reappointed, Advisory) Building Standards Board Lisa Huerta (Reappointed) Robert A. White (Appointed) Oil and Gas Advisory Committee Tom Fisher (Appointed) Animal Control Advisory. Committee Z. Paul Reynolds (Reappointed) Dr. John Buckley (Reappointed) Dr. William Watson (Reappointed) Cable Communications Commission Carolyn Moon (Appointed) Joan Veith (Appointed) Transportation AdvisoryCommittee William Green (Reappointed) Andrew K. Dimas (Appointed) Keith Roper (Appointed) Mayor Garrett called for consideration of the consent agenda (Items 3 - 12). Mr. Johnny French asked that Item 4 be pulled for individual consideration. Council members requested that Items 3, 5, 7, 9 and 11 be pulled for individual consideration. City Secretary Chapa polled the Council for their votes as follows: { Minute — Regular Council Meeting May 29, 2007 — Page 2 . RESOLUTION NO. 027290 Resolution approving an amendment to the City Investment Policy to add Federal Agriculture Mortgage Corporation Obligations as authorized investments for City funds. The foregoing resolution was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye", . MOTION N . 2007-138 Motion authorizing the City Manager or his designee to execute Change Order No. 1 for additional curb and gutter, driveway approaches and pavement repair quantities with A. Ortiz Construction, of Corpus Christi, Texas in the amount of $77,000 for a restated not to exceed construction contract total of $393,850 for the Rolled Curb and Gutter Replacement FY 2006-2007. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting ,Aye" 10.a. ORDINANCE NO.__ 2 291 Ordinance appropriating $65,000 from the reserve for maintenance in the No. 4050 Choke Canyon Dam Maintenance Reserve Fund for Engineering Construction Services associated with maintenance repairs; transferring to and appropriating in the No. 4080 Water Capital Improvement ment Program Fund; amending Ordinance No. 026908 which adopted the FY 2006- 2007 - 2 7 Operating Budget, increasing the approved budget by $65,000; amending Ordinance No, 026997, which approved the FY 2006-2007 Capital Budget, increasing the approved budget by $65,000. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye". 10.1o, MOTION N . 2007-141 Motion authorizing the City Manager or his designee to execute Amendment No. 3 to the Contract for Engineering Services with Freese & Nichols, Inc., of Austin, Texas in the amount of $65,000 fora restated fee of $537,032 for the Choke Canyon Dam Improvement P roject. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, , and Martinez, voting "Aye" 12. ORDINANCE NO. 027292 Ordinance authorizing the approval of a Land Exchange Agreement between the City of Corpus Christi and Neighborhood Centers -of Corpus Christi, Inc. for the exchange of .1712 acres owned by the City out of Lot 2-A, Lawnview Annex and Lots 8, 9, 12 and 13, Block 4, Luter Partition, located at the intersection of Eighteenth and Marguerite Streets, in exchange for .1712 acres owned by the Neighborhood Center out of Lot 3, LawnviewAnnex, located at Minutes — Regular Council Meeting May 29, 2007 Page 3 2020 Marguerite Street; approving closing costs not texceed $2,500, and authorizing the City Manager or his designee to execute the Exchange Agreement and an Exchange Deed necessary for the exchange, all in connection with Parcel 11 of the Garcia Arts Center Area Street Improvement Project (#6133/6134). An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye". Mayor Garrett opened discussion on Item 4 regarding the issuance of a beach permit to Clear Channel Broadcasting for" C -Sculptures." Johnny French, 4417 Carlton, spoke regarding the City' s lack of a permit from the Corps of Engineers for maintenance on the beaches. City Secretary Chapa polled the Council for their votes as follows: 4. ORDINANCE NO. 027288 Ordinance authorizing the issuance of a Beach Festival Permit to Clear Channel Broadcasting, Inc. for" C -Soul ptures" at Gulf Beach between Zahn Road and the North Jetty of Packer Channel on June 9, 2007. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting 'Aye" Mayor Garrett opened discussion on Item 3 regarding the purchase of playground equipment for five local parks. Council Member Leal asked questions regarding the locations of the parks and the price differences in playground equipment. Staff responded. City Secretary Chapa polled the Council for their votes as follows: 3. MOTION NO. 2007-136 Motion approving the purchase of playground equipment from Total Recreation Products, Inc., of Cypress, Texas in accordance with the Texas Local Government Cooperative Purchasing Agreement in the amount of $46,185.44. The park equipment is purchased for Mt. Vernon, Parkview, Mobile, Castle and Candlewood Parks. Funding is available in the Park and Recreation 2005 Capital improvement Program Fund. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting 'Aye" Mayor Garrett opened discussion on Item 5 regarding the dedication of a public park called Maryanne' s Way. Council Member Cooper expressed her appreciation for the dedication of the park to Maryanne Simonelli Perry. City Secretary Chapa polled the Council for their votes as follows: 5. RESOLUTION NO. 027289 Resolution dedicating certain property owned by the City and located at Whitecap Boulevard as Maryanne' s Way, a public park, a strip of land more specifically described and shown in the attached metes and bounds description and survey (Exhibit A). The foregoing resolution was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting ,Aye" Minutes — Regular Council Meeting May 29, 2007 — Page Mayor Garrett opened discussion on Item 7 regarding the Downtown Drainage Improvements Phase 1. Council Members asked questions regarding bidding costs,atualwork,a background on Change Order No, 3 and a comparison of the use of new or refurbished diesel engines. Director of Engineering Angel Escobar responded to these questions. City Secretary Chapa polled the Council for their votes as follows: 7. MOTION N. 2007-137 Motion authorizing the City Manager or his designee to execute Change Order No. 5 to the construction contract with T & C Construction Ltd., of Houston, Texas in the amount of $311,316 for a total restated fee of $6,277,526.41 for the Downtown Drainage Improvements, Phase 1, Project B New Kinney Street Pump Station. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Il arez, and Martinez, voting "Aye". Mayor Garrett opened discussion on Item 9 regarding the Oso Water Reclamation Plant. Council Member Leal asked questions regarding the wording of contracts. City Secretary Chapa polled the Council for their votes as follows: 9.a. MOTION N . 2007-139 Motion authorizing the City Manager or his designee to execute Amendment No. 5 to the Contract for Professional Services with Colwell & Associates, Inc., of Corpus Christi, Texas in the amount of $67,135 for a restated fee of $561,513 for the Oso Water Reclamation lamation Plant Electrical/Alternate Power Facility Upgrade Part 1 for additional construction inspection, The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye". 9.b. MOTION NO. 2007-140 Motion authorizing the City Manager or his designee to execute Change Order No. 4 to the construction contractwith R.S. Black Civil Contractors, Inc., of Corpus Christi, Texas in the amount of $132,643 for the Oso Water Reclamation lamation Plant Electrical/Alternate Power Facility Upgrade Part 1. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummel!, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye". Mayor Garrett opened discussion on Item 11 regarding Master Channel 27 Drainage Project. There were no council comments. City Secretary Chapa polled the Council for their votes as follows: 11, MOTION N. 2007-142 Motion authorizing the City Manager or his designee to execute a Construction Management Services Contract with Anderson Group Construction Management Company, of Corpus Christi, Texas in the amount of $199,350 for the Master Channel 27 Drainage Project. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye". Minutes — Regular Council Meeting May 29, 2007 — Page Mayor Garrett referred to Item 13, and a motion was made, seconded and passed to open the public hearing on the following variance: 13.a. Public hearing on request for a variance to operate an on -premise alcoholic beverage establishment kn ern as Saxet Hall located at 3926 Leopard Street. Faryce Goode -Macon, Interim Director of Development S rvi , explained that Saxet Hall Inc. is requesting a variance to allow on -premise alcoholic use during special events at the facility primarily on Friday and Saturday evenings. She added that the establishment is located across Leopard Street from Oak Park Elementary School. Ms. Goode -Macon referred to a p w rp int presentation including maps and pictorial views of the subject property. She provided an explanation of the City' s Code of Ordinances, state law requirements, background on the facility since its operation and the current zoning uses. Council members asked questions regarding the possible sale of alcoholic beverages during school hours; reasons that zoning notices were returned in opposition; contact with the parent/teacher organization, schools and the school district; whether the variance would allow for an unrestricted TABC permit; and if a variance can be revoked. No one appeared in opposition to the variance. M. Martinez made a motion to close the public hearing, seconded by Mr. Kelly, and passed. Mr. Chapa polled the Council for their votes as follows: 13.b. !ESOLUTION N __ 2 2 3 Resolution granting a variance, under Section 4-5(f) the Code of Ordinances, to Saxet Hall, Inc. to operate an on -premise alcoholic beverage establishment located at 3926 Leopard Street. The foregoing resolution was passed and approved with the following vote: Garrett, Cooper, Eli and , Hummel!, Kelly, Leal, McCutchon, Marez, and Martinez, voting „Aye" Mayor Garrett referred to Item 14, and a motion was made, seconded and passed to open the public hearing on the following zoning case: Case No. 0407-08 Buccaneer Land Com an Inc.: A change of zoning from a " R-113/10" One -family Dwelling District with the Island Overlay to a " B-2/10" Bayfront Business District with the Island Overlay on property described as Padre Island Section E, Block 1, Lots 6, 7, and 8, located on Aruba Drive, approximately 400 feet south of Running Light Drive. City Ser taryCh pa statedthatthe Planning Commission and staff recommended apprval of the " B-2/10" Bayfront Business District with the island Overlay. Council Member McCutchon asked questions regarding the zoning notices returned in opposition; traffic control due to high density uses; notification to property owners associations; the reason the owner requested a zoning change to {` B-2" Bayfront Business District; and the provisions of a " B -2A}' Barrier Island Business District. Council Member Kelly asked staff to provide copies of opposition letters and a synopsis of the zoning definitions. , Minutes — RegularCouncil Meeting May 29, 2007 — Page 6 No one appeared in opposition to the zoning change. Ms. Cooper made a motion to close the public hearing, seconded by Mr. Kelly, and passed. Mr. Chapa polled the Council for their votes as follows: 14. ORDINANCE_ . 027294 Amending the Zoning Ordinance, upon application by Buccaneer Land Company, y, in ., by changing the zoning map in reference to 0.899 acres out of Padre Island Section E, Block 1, Lots 6, 7, and 8, located on Aruba Drive, 400 feet south of Running Light Drive, from " R- 1 B I " One -family Dwelling District/Island Overlay to " B-2/10" Bayfront Business District/Island 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, Elizondo, Hummel!, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye". Mayor Garrett referred to Item 15, and a motion was made, seconded and passed to open the public hearing on the following zoning case: Case No. 0407-09 BL_Real__Estate Holding Company, LP: A change of zoning from a " R- IC" One -family Dwelling District and a " R-1 C/SP" One -family Dwelling District with a Special Permit for an Event Center to a " B-1" Neighborhood Business District on property described as Tyler Subdivision, Block 1, Lots 2, 12, 13, and 14, located between Claudia Drive and Wyndale Street, approximately 200 feet north of Laguna Shores Road. 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. Ms. Cooper made a motion to close the public hearing, seconded by Mr. Kelly and passed. Mr. Chapa polled the Council for their votes as follows: 15. ORDINANCE NO. 027295 Amending the Zoning Ordinance, upon application by BL Real Estate Holding Company, LP, by changing the zoning map in reference to 32,470 -square feet (0.75 acres) out of Tyler Subdivision, Block 1, Lots 2, 12, 13, and 14, located between Claudia Drive and Wyndale Street, approximately 200 feet north of Laguna Shores Road, from " R-1 C" One -family Dwelling District and `i R--1C/SP" One -family Dwelling District with a Special Permit for an Event Center to " 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, Cooper, Elizondo, Hummel', Kelly, Leal, McCutchon, Marez, and Martinez, voteng "Aye". * * * * * * * * * * * * Minute — Regular Council Meeting May 29, 2007 — Page 7 Mayor Garrett opened discussion on Item 16 regarding the Waldron Road Street Improvements. Director of Engineering Angel Escobar presented this item. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 16. MOTION N . 2007-143 Motion authorizing the City Manager or his designee to execute a construction contract in the total amount of $2,644,131.25 with SLC Construction L, P., of Conroe, Texas for Part A and Part B plus Part C on the Waldron Road Street Improvements Project: Purdue to Glenoak and Mediterranean Extension. (BOND ISSUE 2004) The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummel', Kelly, Leal, McCutchon, Mare, and Martinez, voting ,Aye". * * * * * * * * * * * * * Mayor Garrett referred to Item 17, a presentation on the Overview of Proposed FY2007-2008 Operating Budget. City Manager Noe provided an overview of the budget' s fund structure, the individual funds and their primary sources of revenue and expenditures. Assistant City Manager Oscar Martinez, referred to a powerpoint presentation including the budget preparation process; the budget format; Tong -term trends for revenues and expenditures by fund; and a summary of fund balances. Mayor Garrett called for a brief recess to present proclamations and public comment. Mayor Garrett called for petitions from the audience. Kelley Knight, 7613 Stony Brook; Cecil Johnson, 615 N. Mesquite; Jessica Davila -Burnett, 3226 Keltic; Katy Rogers, 4118 Nicklaus; Heidi Hovda, 1022 Harrison; and Joan Veith, 5701 Cain Drive; spoke in support of Police Chief Bryan Smith. Johnny French, 4417 Carlton, spoke regarding the passage of Senate Bill 3 and its significance to the City' s water supply. Jean Perkins, 7521 Bon Sail' Dr., spoke regarding removing sodium fluoride from the water. Jack Gordy, 4118 Bray Drive, spoke regarding dues check -off for City employees and illegal signs. Luis R. Cardona, 2805 David, provided a petition from members of the Broadmoor Park Senior Center to expand the parking lot at Ben Garza Gym. Mayor Garrett returned to the presentation on Item 17. Assistant City Manager Martinez referred to the powerpoint presentation including the history of net taxable values; a historical representation of the tax rate; the tax rate split; change in sales tax collections from 1993 to 2007; the general fund unreserved balance; FY2007-2008 Initiatives; salary adjustments for civilian and public safety employees; and recommendations for health insurance increases. City Manager Noe provided a review of the proposed budget calendar. Council Members asked questions regarding the Council Financial Policy Resolution; the average increase in total revenue; the impact of the legislative session on revenues; the decrease in general obligation tax; decrease in sales tax ollections in 1995 and 2003; general fund unreserved balance projections for 2007; utilization of unreserved fund balance; cost of living adjustments; and expenditures for Wastewater in the Enterprise Fund. Minutes — Regular Council Meeting May 29, 2007 — Page Mayor Garrett called for the City Manager's report. City Manager Noe reported that the City is hosting the 60th Annual Texas Public Works Association Conference on May 30th through June 3`d at the American Bank Center. Mr. Noe announced that the Parks and Recreation Department Senior Community Services in conjunction with community partners is hosting the Coastal Bend Senior Fitness Day on Wednesday, May 30th from 8:30 a.m. to 1:00 p.m. at Miller High School Gym. Mr. Noe announced that the Council Planning Retreat is scheduled for June 5th at the Museum of Science and History, facilitated by Dr. Richard Lewis from the University of Texas at San Antonio. Mayor Garrett announced that the City Manager will introduce all of the department heads at the City Council retreat. Mayor Garrett stated that the City Council makes Municipal Court Judges appointments and that appointees have terms that run concurrent with City Council terms. He informed the new council members that the City currently has a presiding judge, 5 full time judges, and 4 part time judges and that if the Council does not make appointments within 91 days from the date they took office (August2l, 2007) all of the judges will continue in their positions for the full two year term. He asked Municipal Court Committee Chairman John Marez to convene his committee to consider this matter and come back with a recommendation to the full council. Mayor Garrett announced that he has appointed Mike Hummell and Bill Kelly to serve as ex- officio, x- offi i , non-voting members on the Water Resources Advisory Committee. Mayor Garrett asked staff to inspect the construction work on the west side lane of Whitecap Boulevard. He asked if funds were available for paving on Shoreline Boulevard and asked staff to provide cost estimates. Mayor Garrett called for Council concerns and reports. Council Member Marez thanked City staff for attending the meeting at Broadmoor Senior Center and for their efforts in assisting the center with some short term solutions. He announced that the next town hall meeting is scheduled for June 4th at 6:00 p.m. at the Broadmoor Senior Center. Mr. Marez said there were graffiti issues on North Beach and asked for a status on the graffiti truck. He asked staff to brief the new council members on the ongoing issues of the City. Council Member Cooper spoke regarding the need for expansion at the Broadmoor Senior Center. She also announced the town hall meeting scheduled on Monday, June 4th at the Broadmoor Senior Center. Ms. Cooper spoke regarding an article in " Texas Town and City" portraying the Wi-Fi network in Corpus Christi. Council Member Hummel) asked if Council would be provided with a directory with pictures of the department heads. Mr. Hummel) asked for assistance from staff to coordinate a public input process for the Coliseum project. Council Member Martinez stated that an article in " Texas Monthly" mentioned the Corpus Christi beaches. Ms. Martinez said she attended a town hall meeting on the island where citizens expressed concern about problems on Aquarius Street. She asked Director of Engineering Angel Escobar to explain if public funds could be used to make improvements to Aquarius Street. Mr. Noe announced that the next Padre Island Owners Association town hall meeting was scheduled for October 13th. Council Member Leal spoke regarding renovations at the Broadmoor Senior Center. M. Leal asked the Police Departmentto investigate the increase in burglaries on Cheryl Drive and Dodd Street in the Man beim Sunnybrook subdivision. Ms. Leal asked for an update on the future funding Minutes — Regular Council Meeting May 29, 2007 rt Page 9 to complete the Mansheim/Sunnybrook drainage project. She thanked City Manager Noe on behalf of the residents on Blackjack Street for resolving their garbage issue. Council Member Elizondo asked if the City maintained a calendar of events. There being no further business to come before the Council, Mayor Garrett adjourned the Council meeting at 1:17 p.m. on May 29, 2007.