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HomeMy WebLinkAboutMinutes City Council - 01/08/20081 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 Januar)/ 8, 2008, which were approved by the City Council on January 22, 2008. WITNESSETH MY HAND AND SEAL, on this the 22nd day of January, 2008. Armando Chapa City Secretary SEAL MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting January 8, 2008 -10:00 a.m. PRESENT Mayor Henry Garrett Mayor Pro Tem Melody Cooper Council Members: Larry Eli undo, Sr. Mike Hummel' Bill Kelly* Priscilla Leal Michael McCutchon John Mar ** Nelda Martinez *Arrived at 12:00 p.m. **Arrived at 10:29 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 Kevin Jennings and the Pledge of Allegiance to the United States flag was led by Council Member Priscilla Leal. Mayor Garratt called for approval of the minutes of the regular Council meeting of December 18, 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: Intergovernmental Commission on Drug and Alcohol Abuse Jesus S. Molina (Reappointed) Jean Newberry (Reappointed) Vidal J. De La Cerda (Appointed) * * * * **** Mayor Garrett called for the City Manager's report. City Manager Noe provided an update on the efforts for soliciting the public on the Bond 2008 program and the status of the Bond 2004 projects. A brief discussion ensued regarding contracting issues. Mr. Noe congratulated and thanked Animal Care Program Manager Kelli Copeland and the Animal Care staff for their efforts associated with the impoundment of 238 animals over the holiday period. Mr. Noe announced that the mid -year Council retreat is scheduled for Monday, February 18 at the Museum of Science and History beginning at 8:30 a.m. Mr. Noe stated that the City is working with the Corpus Christi Convention and Visitors Bureau (CVB) and the Film Commission to designate the CVB as the Local Film Commission to promote the City as a site for film and video work. Mr. Noe said the fiscal year change issues for FY2008-2009 would be brought to Council in February. Mr. Noe announced the stakeholders meeting on the storm water utility rates is scheduled for January 16th at 6:00 p.m. at the Del Mar Economic Development Center and the outside city limits stakeholders meeting at the Water Department earlier in the day. Ms. Leal requested that Community Development send notices to eligible organizations in District 3 for the Community Development Block Grants (CDBG). Minutes — Regular Council l'IJl ti g January 8, 2008 — Page 2 Mayor Garrett called for consideration of the consent agenda (Items 3 - 7). There were no comments from the public. Council members requested that Items 3, 6 and 7 be pulled for individual consideration. City Secretary Chapa polled the Council for their votes as follows: 4. MOTION NO. 2008-002 Motion approving the purchase of one (1) truck mounted excavator from Waukesha Pearce Industries, of Corpus Christi, Texas, in accordance with Bid Invitation No. B1-0065-08, based on only bid for the total amount of $243,737. This unit is purchased for the Storm m Water Department and is a replacement to the fleet. Funding is available in the Capital Outlay budget of the Maintenance Services Fund. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Leal, McCutchon, and Martinez, voting "Aye"; Kelly and Marez were absent. 5. MOTION NO. 2008-003 Motion authorizing the City Manager or his designee to execute a Job Order Contract with Alpha Building Corporation, of Corpus Christi, Texas, in the amount of $54,466 for HVAC Improvements at the Solomon Coles Recreation Center. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummel!, Leal, McCutchon, and Martinez, voting "Aye"; Kelly and Marez were absent. Mayor Garrett opened discussion on Item 3 regarding the lease purchase of an engine pumperforthe Fire Department. Mayor Garrett asked if the pumper was a replacement vehicle and whether the Fire Department had an adequate inventory of vehicles. Fire Chief Richard Hooks stated that the vehicle was a replacement and the Fire Department has been replacing the oldest vehicles. Mayor Garrett expressed his concern regarding pumper trucks responding to traffic accidents. City Secretary Chapa polled the Council for their votes as follows: 3. MOTION NO. 2008-001 Motion approving the lease -purchase of one (1) Pierce engine pumper from Sidd ns Fire Apparatus, Inc., of Houston, Texas, for the total amount of $350,000. The award is based on the cooperative purchasing agreement with the Houston Galveston Area Council (F1 - GAC). This pumper will be used by the Fire Department. Funds for the lease -purchase of the engine pumper will be provided through the City's lease -purchase financing program. Funding is available in the Capital Outlay budget of the Fire Department. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummel', Leal, McCutchon, and Martinez, voting "Aye"; Kelly and Marez Marwere absent. Mayor Garrett opened discussion on Item 6 regarding the rehabilitation of1H 37/Sessions 12 - Inch Wastewater Line Project. Council Member Leal asked questions regarding the year the wastewater line was installed; the serviceable life of wastewater lines; the distance of the line from the Allison Treatment Plant; and budgeting for the replacement f lines. Interim Assistant City Manager Angel Escobar said the wastewater line was installed in the early 1970's. Interim Director Minutes — Regular Council Meeting January 8, 2008 — Page 3 of Engineering Kevin Stowers said wastewater lines have an extensive service life but the City is replacing clay lines due to problems that develop. Mr. Escobar stated that the line is over two (2) miles from the Allison Plant and is budgeted in the Capital Improvement Program (CIP). City Secretary Chapa polled the Council for their votes as follows: 6. MOTION N . 2008-004 Motion authorizing the City Manager or his designee to execute a construction contract with Troy Construction, LLC, of Houston, Texas, in the amount of $324,068 for the rehabilitation of 1H-37 Sessions Road 12 -inch Wastewater Line Project. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Leal, McCutchon, and Martinez, voting "Aye"; Kelly and Marez were absent. Mayor Garrett opened discussion on Item 7 regarding the Cefe Valenzuela Landfill. In response to Council Member Leal, Mr. Stowers said the project is funded in the Capital Improvement Fund, 2006 Sanitary Landfill Bond Issue. City Secretary Chapa polled the Council for their votes as follows: 7. MOTION N . 2008-005 Motion authorizing the City Manager or his designee to execute Amendment No. 1 to an Engineering Services Contract with Chiang, Patel & Yerby, Inc., of Dallas, Texas, in the amount of $147,000 for a restated not to exceed fee of $197,000 for design, bid and construction phase services for construction of disposal Cells LIA and 4B at Cefe Valenzuela Landfill. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Leal, McCutchon, and Martinez, voting "Aye"; Kelly and Marez were absent. Mayor Garrett referred to Item 8, and a motion was made, seconded and passed to open the public hearing on the following zoning case: Case No. 1107-02, Jimmy Williams: A change of zoning from a"R-1B" One -family Dwelling District to an "1-2" Light Industrial District, resulting in a change of land use from residential and commercial to light industrial on property described as 4.047 acres of land out of the west 21.6 acres out of Lot 1 of the W.O. Womack Farm Lots, located at the intersection of Saratoga Boulevard and Old Brownsville Road. City Secretary Chapa stated that the Planning Commission and staff recommended approval of the `i1-2" Light Industrial District. City Planner Bob Payne referred to a powerpoint presentation including an existing land use map; 2006 aerial photo; uses for the "1-2" Light Industrial District; photos of the subject property; adopted future land use map; ownership notice map; and recommendations. Council members asked questions regarding the distance of the city limit line from Saratoga Boulevard; homes located on Old Brownsville Road; location of Oso Creek; residential inside the city limits; the reasons the area is not currently zoned "1-2"; the maximum uses allowed in the "1-2" Minutes — Regular Council Meeting January 8, 2008 — Page District; whether there is another zoning category that wouldn't allow for heavy machinery; future redevelopment; and the distance of the race track to residential. No one appeared in opposition to the zoning change. Mr. Marez Maremade amotion to l e the public hearing, seconded by Ms. Martinez, and passed. Mr. Chapa polled the Council for their votes as follows: 8. ORDINANCE NO. 027549 Amending the Zoning Ordinance, upon application by Jimmy William, by changing the zoning map in reference to 4.047 acres out f the west portion of Lot 1, Womack k Farm Lots, from "R-1 B" One -family Dwelling District to "1-2" Light Industrial 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, Hummell, Leal, M Cut hon, and Martinez, voting "Aye"; Kelly and Marez were absent. Mayor Garrett referred to item 9, and a motion wamade, secondedand passed topen the public hearing on the following zoning case: Case N. 1107-03, Kent Austin: A change of zoning from an "AT" Apartment -Tourist District to a "BD" Corpus Christi Beach Design District resulting in a change of land use from multi- family to tourist on property described as Brooklyn Lots 7, 8 and a portion of alley and street, Block 66, located on Timon Boulevard, approximately 145 feet north of Gulf pray Avenue. City Secretary Chapa stated that the Planning Commission re m ended denial of the "BD" Corpus Christi Beach Design District, and in lieu thereof, approval of an "T/SPS' Apartment -Tourist District with a Special Permit allowing retail and personal service uses as permitted in the "BD" District, subject to a site plan. City Secretary Chapa stated that the Staff recommended denial of the "BD" Corpus Christi Beach Design District. No one appeared in opposition to the zoning change. Mr. Marez made a motion to closethe public hearing, seconded by Ms. Cooper, and passed. Mr. Chapa polled the Council f votes as follows: 9. ORDINANCE NO. 027550 Amending the Zoning Ordinance, upon application by Kent Austin, by changing the zoning map in reference to Brooklyn Lots 7, 8 and portion of alley and street, Block 66, from "AT" Apartment -Tourist District to "AT SP" Apartment -Tourist District with Special Permit; 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, Hummell, Leal, McCutchon, Marez, and Martinez, voting "Aye"; Kelly was absent. Minutes — Regular Council Meeting January 8, 2008 — Page * * * * * * * * * * * * * Mayor Garrett opened discussion on Item 10 regarding convenience fees for residential utility payments. Interim Director of E -Government Services Annie Leal stated that this item is for the establishment of a $2.50 convenience fee for utility payments made via the Internet or the automated utility system. Ms. Leal provided information on the current process for the payment of the convenience fee; the current number of utility customers currently using the online and telephone billing applications; total amounts collected; projections; monitoring usages for other changes related to the fees; and the annual review of the convenience fee calculation. Council members asked questions regarding the amount of projected revenue; the success of the use of the automated applications; percentage in the decrease of usage from other local governments once the fee was implemented; net effects; the average fee for other local governments; direct fund debts from accounts; merchant credit card rates; the revenue account number; and improvements on the collection rate. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 10. FIRST READING _ORDINANCE DANCE Amending the Code of Ordinances, City of Corpus Christi, Chapter 17, establishing a $2.50 convenience fee for residential utility payments via Internet or Automated Telephone System; and providing for publication. The foregoing ordinance was passed and approved on its first reading with the following vote: Cooper, Elizondo, Leal, McCutchon, Marez, and Martinez, voting "Aye"; Garrett voting "Io"; Hummel! and Kelly were absent. * * * * * * * * * * * * * Mayor Garrett referred to Item 11 regarding the Packer)/ Channel Status 2007 - Results ofa Monitoring Program. Director of Parks and Recreation Sally Gavlik introduced Deidre D. Williams, Division of Near h re Research, Conrad Blucher Institute f r Surveying and Science— Texas A & M University — Corpus Christi. Ms. Williams referred to a powerpoint presentation including background of the monitoring; status summary; the research focus area; shoreline position; berm crest selection; erosion hot spots; nearshore and channel features; preliminary results as of December 2007; entrance channel depths from August 2006 to August 2007; channel centerline data; and recommendations. Council members asked questions regarding shoreline advancement; balance of sediment; seasonal rain affecting shoaling; short-term monitoring stations; dredging; the amount of scour at the tip of the jetties; the monitoring and amount of scour near the pier at the Highway 361 Bridge; and the incorporation of the recommendations. Mayor Garrett referred to Item 12 regarding an update on the Corpus Christi Wireless Network. Director of Municipal Information Systems Michael Armstrong referred to a powerpoint presentation including the history of the WiFi initiative; key terms and status of the agreement with EarthLink; hot zone locations; example of signage for hot zones and Internet log -in screen; guiding principles established for the network; board members of the CCDCDC; and the community portal. Mayor Garrett called for a brief recess to swear -in newly appointed board, commission and committee members and listen to public comment. Minutes — Regular Council Meeting January 8, 2008 — Page 6 Mayor Garrett called for petitions from the audience. Roland Garza, P.O. Box 4632, requested that modification be made to the public access ordinance. J.E. O'Brien, 4130 Pompano, spoke regarding the deadline for the City's Annual Financial Report (CAFR). Bill Maher, 7330 Sun Valley spoke regarding the effects of Agent Orange. Dee Huber, 1218 Barton, spoke regarding g the closing of the Corpus Christi Greyhound Race Track and possible uses for that building. John Kelly, 3621 Austin, thanked the Council and staff for the quality of the maps in the agenda attachments and requested that city employees present themselves by name and department for the benefit of the public. Abel Alonzo, 1701 Thames, thanked the Council for staying united and for their public service. Rosemary Reid spoke regarding the potential flood problems resulting from the development on County Road 624. Mayor Garrett returned to Item 12 regarding the City's Wireless Network. Director of Municipal Information Systems Michael Armstrong returned to the powerpoint presentation including the development of the community portal; the portal splash page; portal goals; and next steps. Council members asked questions regarding the quality of the wireless service; ways to improve the quality of service; contact information for connectivity problems; the cost of wireless network to taxpayers; purchase price for the network; the locations recognized as "digital communities" in the United States; the benefits of the WiFi program; the amount budgeted for maintenance; Corpus Christi Digital Community Development Corporation (CCDCDC) board members; ; structure of the CCDCDC; financials for the CCDCDC; type of expenditures; staffing; contractual issues; accountability; determination of hot zones; whether the contract required EarthLink to add bandwidth for public use; PDQ Networks; makeup of the corporation; costs for the Automated Meter Reading (AMR) system; partnership with the school district} alternatives should EarthLink not perform based on the contract; the reasons it is critical to have a corporate partner; and penalties should EarthLink cease to do business with the City. Council Member Cooper requested that information on the WiFi hot zone locations be included in the utility billing. Mayor Garrett referred to Item 13 regarding a presentation on the Neighborhood Initiative Program (NIP) Progress Report for FY 2006-2007, the Model Block Program, and the Recommended NIP Project Sites for FY 2008. Director of Neighborhood Services Yvonne Haag referred to a powerpoint presentation including an overview of NIP; NIP action plan; NIP action team; N1P progress report; sustainability efforts; Neighborhood Pride Program progress and overview; map of NIP locations; status of NIP sites; Model Block Program; Model Block target area map; location of expanded neighborhood sites; site selection committee; selection criteria; maps of recommended NIP sites 21 through 23; and community partners. Council members asked questions regarding ways to improve the selection process; variation in size of neighborhoods; enforcement expansion; incorporating graffiti to the Police Department progress report; notification of N1P sites to the public; "challenged" areas in District 3; Christmas tree pickup awareness; parking 20 feet from intersections; ideas to promote more involvement for nine "challenged" area; and consideration of an additional neighborhood night out. Council Member Leal asked stafft provide names for the resident leaders f NIP areas 16 and 20. Council Member Elizondo asked staff to reassess the area near Rodd Field Road. Minutes — Regular Council Meeting January 8, 2008 — Page Mayr Garrett referred to Item 14 regarding an update on the City's Water Quality Program. Interim Water Director Gus Gonzalez referred to a powerpoint including an update on the Texas Commission issi on Environmental Quality (TCEQ) mplian a issues; relocation of total coliform rule sampling points; dead-end flushing program; GIS spatial analysis; map of the water mains replacement program; water quality; data analysis; backflow prevention; SCADA control automation; and system reliability projects. Council members asked questions regarding dead-end mains; status of the hiring of the Water Director; regaining customer confidence; building of cul-de-sacs; and the cutoff date for approving plats with dead-end mains. George Arimes, President of Horizon Centre, Inc, referred to a powerpoint presentation including objectives; development system review; key business components; system assessment process and improvement plan; change management structure; Development Services Advisory Group (DSAG); series of desired outcome themes; key customerexpectations; ust r er objectives; customer service focus; system improvement implementation; ongoing work program items; and the implementation plan to ensure results. Council members asked questions regarding the management structure; adjustment of fees; GIS looking glass software; DSAG; timeline for implementation; vacant positions; and stakeholders. Dr. McCutchon asked staff to come back with the necessary action to formalize the DSAG committee as a City Council committee. There was a consensus of the council. * * * * * * * * * * * * Mayor Garrett called for Council concerns and reports. Council Member Marez asked staff to investigate noise issues at a bar on McArdle Road near the Little Miss Kickball field; research other cities regarding the reduction of the speed limit near places of worship or areas with a large weekly congregation of people; and determine a if it is possible to provide Council with information on recurring citizen complaints from the customer call center Council Member Leal congratulated her uncle, Asen i n Leal, for celebrating his 100th birthday on January 1st. Ms. Leal thanked Gloria Hicks for helping to provide clothing and other needs for the children at George Evans Elementary School; the Gas, Water and Wastewater department for the invitation to their Christmas parties; all city employees for their hard work; the firefighters; and City Manager Noe for taking the time to visit District 3. Council Member Cooper announced that the next town hall meeting is scheduled with Council MemberMareand the At Large representatives at MengerElementarShl on January 28th Council Member McCutchon spoke regarding alternatives for recycling glass; an article in "National Cities Weekly" on the Energy Efficiency Block Grant program; a report from a resident about the renting of a possible fraternity house; and an ordinance for thrwing the Pennysaver an property. Dr. McCutchon thanked Director of Neighborhood Services Yvonne Haag for addressing code enforcement issues over the holidays. Council Member Martinez spoke regarding the recycling drop off center at the HEB on Weber and Holly Road. Ms. Martinez thanked Police Chief Bryan Smith and Interim Director of E -- Government Annie Leal for working on an issue with Angie Garcia. Ms. Martinez invited the public to attend a Health Walk on Monday, January 14th at 7:00 a.m. at the pier in Dole Park. Ms. Martinez thanked staff for their work on the agenda packet. Minutes - Regular Cuncil Meeting January 8, 2008 — Page 8 There being no further business to come before the Council, Mayor r Garrett adjourned the Council meeting at 4:08 p.m. on January , 2008.