HomeMy WebLinkAboutMinutes City Council - 07/10/2007I 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 July 10, 2007, which were approved by the City
Council on July 17, 2007.
WITNESSETH MY HAND AND SEAL, on this the 17th day of July, 2007.
Armando Chapa
City Secretary
SEAL
MINUTES
CITY OF CORPUS CHRISTI, TEXAS
Regular Council Meeting
July 10, 2007 - 10:00 a.m.
PRESENT
Mayor Henry Garrett
Mayor Pro Tem Nelda Martinez
Council Members:
Melody Cooper*
Larry Elizondo, Sr.
Mike Hummel)
Bill Kelly
Priscilla Leal
Michael McCutchon
John Marez
*Arrived at 10:31 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 Arnold Zungia with The Lord is Peace Worship
Center and the Pledge of Allegiance to the United States flag was led by Council Member Leal.
City Secretary Chapa conducted a roll check.
Mayor Garrett called for approval of the minutes of the regular Council meeting of June 26,
2007. Mr. Hummel) made a motion to amend the minutes on Pg.12, Paragraph 2, to reflect "that
retailers classified as a relocation be required by contract to cooperate with their prior landlord in
fulfilling and/or terminating requirements of their lease before relocating to Crosstown Commons."
The motion was seconded by Ms. Martinez, and passed unanimously (Cooper absent). Mr. Hummel)
made a motion to amend the minutes on Pg. 12, Paragraph 8, to reflect "directing staff to make the
document compatible with the changes made by other council members as well as the proposed
new terms submitted by John Bell on behalf of CBL." The motion was seconded by Ms. Martinez,
and passed unanimously (Cooper absent). A motion was made and passed to approve the minutes
as amended.
************
Mayor Garrett referred to Item 2 and the following board appointments were made:
Cable Communications Commission
Connie Gutierrez (Reappointed)
Sister City Committee
Tim Dowling (Appointed)
Javier Morin (Appointed)
Drew Reining (Appointed)
Planning Commission
A. Javier Huerta (Reappointed)
David Loeb (Appointed)
Govind B. Nadkarni (Appointed)
************
Mayor Garrett called for consideration of the consent agenda (Items 3 - 16). There were no
comments from the public. Council members requested that Items 3, 6, 11 and 15 be pulled for
individual consideration. City Secretary Chapa polled the Council for their votes as follows:
Minutes — Regular Council Meeting
July 10, 2007 — Page 2
4. MOTION NO. 2007-168
Motion approving the purchase of library furniture from the following companies for the
following amounts in accordance with Bid Invitation No. BI -0178-07 based on only bid, low
bid meeting specifications and low bid for a total amount of $98,459.86. The library furniture
will be installed at the newly remodeled Northwest Branch Library. Funds are available in the
Library 2007A Capital Improvement Project Fund.
Brodart Company
McElhattan, PA
Group Nos.: 1-3, & 5
$86,805.16 $11,654.70
Business Interiors of Texas
Corpus Christi, TX
Group Nos. 4 & 6
Grand Total: $98,459.86
The foregoing motion was passed and approved with the following vote: Garrett, Elizondo,
Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye"; Cooper was absent.
5. MOTION NO. 2007-169
Motion approving the purchase of an upgrade to the security access control system at the
Corpus Christi International Airport from Metroplex Control Systems, of Dallas, Texas based
on the Cooperative Purchasing Agreement with the State of Texas, for a total amount of
$45,139.19. Funds have been budgeted by the Aviation Department in FY 2006-2007.
The foregoing motion was passed and approved with the following vote: Garrett, Elizondo,
Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye"; Cooper was absent.
7 MOTION NO. 2007-171
Motion approving the purchase of traffic control equipment from the following companies
for the following amounts in accordance with Bid Invitation No. BI -0181-07 based on low
bid and most advantageous bid for a total amount of $107,092. Funds have been
budgeted by the Street Department in FY 2006-2007.
Paradigm Traffic Systems, Inc.
Fort Worth, TX
Item Nos.: 1, 2, and 5
$68,532
Texas Highway Products LTD.
Round Rock, TX
Item Nos.: 3 and 4
$38,560
Grand Total: $107,092
The foregoing motion was passed and approved with the following vote: Garrett, Elizondo,
Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye"; Cooper was absent.
8. MOTION NO. 2007-172
Motion approving the purchase of one (1) prefabricated storage building from Safety Storage,
Inc., of Charleston, Illinois in accordance with Bid Invitation No. BI -0170-07 based on only bid
for a total amount of $54,368. The prefabricated storage building will be delivered and
installed at the J. C. Elliott Transfer Station located at 7001 Ayers Street.
Funding is available in the Solid Waste Grant fund and 2004 Capital Improvement Program
Fund.
Minutes — Regular Council Meeting
July 10, 2007 — Page 3
The foregoing motion was passed and approved with the following vote: Garrett, Elizondo,
Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye"; Cooper was absent.
9. MOTION NO. 2007-173
Motion approving the purchase of a mobile license plate reading system from AutoVu
Technologies, Inc., of Montreal, Quebec, Canada, based on sole source fora total amount of
$26,250. The mobile license plate reading system will be used by the Police Department.
Funds are available through the Police Department Grants.
The foregoing motion was passed and approved with the following vote: Garrett, Elizondo,
Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye"; Cooper was absent.
10.a. RESOLUTION NO. 027324
Resolution authorizing the City Manager or his designee to execute all documents necessary
to accept the $14,000 Coordinated Community Approach to Promote Wellness (CCAPWELL)
grant from the Texas Department of State Health Services to develop a strategic plan to
promote wellness.
The foregoing resolution was passed and approved with the following vote: Garrett,
Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye"; Cooper was
absent.
10.b. ORDINANCE NO. 027325
Ordinance appropriating a Coordinated Community Approach to Promote Wellness
(CCAPWELL) grant from the Texas Department of State Health Services in the amount of
$14,000 in the No. 1067 Parks and Recreation Grants Fund to develop a strategic plan to
promote wellness.
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Garrett, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez,
voting "Aye"; Cooper was absent.
12. MOTION NO. 2007-174
Motion authorizing the City Manager or his designee to execute a construction contract with
R.S. Black Civil Contractors, Inc., of Corpus Christi, Texas in the amount of $429,700 for the
O. N. Stevens Water Treatment Plant Chlorine Evaporator Replacement.
The foregoing motion was passed and approved with the following vote: Garrett, Elizondo,
Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye"; Cooper was absent.
13. MOTION NO. 2007-175
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 $44,920.45 for the Fire
Station No. 11 Driveway Repairs Project.
The foregoing motion was passed and approved with the following vote: Garrett, Elizondo,
Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye"; Cooper was absent.
Minutes — Regular Council Meeting
July 10, 2007 — Page 4
14. MOTION NO. 2007-176
Motion authorizing the City Manager or his designee to execute Amendment No. 11 to the
Engineering Services Contract with Pierce, Goodwin, Alexander, and Linville (PGAL), Inc., of
Dallas, Texas in an amount not to exceed $327,000 for the Corpus Christi International
Airport Airfield Drainage Phase VI and Taxiway Rehabilitation, Signage and Lighting
Improvement Projects.
The foregoing motion was passed and approved with the following vote: Garrett, Elizondo,
Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye"; Cooper was absent.
16. ORDINANCE NO. 027328
Authorizing the City Manager or his designee to execute a twenty-year lease with the Tuloso-
Midway Independent School District to lease approximately .42 acres out of West Guth Park
for District tennis court facilities. (First Reading 6/12/07)
The foregoing ordinance was passed and approved on its second reading with the following
vote: Garrett, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye";
Cooper was absent.
Mayor Garrett opened discussion on Item 3 regarding the purchase of a Bomb Response
Vehicle. Council Member Martinez asked for information on the bomb robot. Police Chief Bryan
Smith said the bomb robot allows officers to respond to a dangerous device without physically risking
the life of a police officer. City Secretary Chapa polled the Council for their votes as follows:
3. MOTION NO. 2007-167
Motion approving the purchase of a Bomb Response Vehicle from Advanced Containment
Systems, Inc., of Houston, Texas fora total amount of $333,656. Funding is made available
through the Homeland Security 2006-2008 Law Enforcement Terrorism Prevention Program
(LETPP) Grant.
The foregoing motion was passed and approved with the following vote: Garrett, Elizondo,
Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye"; Cooper was absent.
Mayor Garrett opened discussion on Item 6 regarding supply agreements for hot mix asphalt.
Council Member Martinez asked what determines the number of bid invitations sent to companies.
Assistant Director of Financial Services Michael Barrera responded that the determinant for the
number of invites is that the material for this item is specialized and there are a limited number of
suppliers. City Secretary Chapa polled the Council for their votes as follows:
6. MOTION NO. 2007-170
Motion approving supply agreements with the following companies for the following amounts
for hot mix asphalt, based on low bid, awarding primary and secondary agreements, in
accordance with Bid Invitation No. BI -0168-07 for an estimated semi-annual expenditure of
$776,584 of which $64,715.34 is budgeted for the remainder of FY 2006-2007. The term of
the agreements shall be for six months with options to extend for up to five additional six-
month periods, subject to the approval of the suppliers and the City Manager or his designee.
Funds have been budgeted by Street Services in FY 2006-2007 and requested in FY 2007-
2008.
Minutes — Regular Council Meeting
July 10, 2007 — Page 5
Bay LTD.
Corpus Christi, TX
Primary Supplier Bid Item 1-2
$652,834
Grand Total $776,584
HAC Materials, LTD.
Corpus Christi, TX
Secondary Supplier Bid Item 1-2
$123,750
The foregoing motion was passed and approved with the following vote: Garrett, Elizondo,
Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye"; Cooper was absent.
Mayor Garrett opened discussion on Item 11 regarding unappropriated interest earnings
appropriated and transferred to the Utility System Debt Service Fund. In response to Council
Member Leal, City Manager Noe stated that staff would provide the investment report detailing the
amount of money in the unappropriated interest earnings accounts from the Water Capital
Improvement Projects. City Secretary Chapa polled the Council for their votes as follows:
11. ORDINANCE NO. 027326
Ordinance appropriating and transferring $91,137.13 of unappropriated interest earnings
from Water Capital Improvement Program Fund 4080 to and appropriating in the Utility
System Debt Service Fund 4400; appropriating $3,086.76 of unappropriated interest earnings
and transferring $31,618.87 from Water 1994 Capital Improvement Program Fund 4081 to
and appropriating in the Utility System Debt Service Fund 4400; appropriating $13,616.35 of
unappropriated interest earnings and transferring $96,303.85 from Water 1995 Capital
Improvement Program Fund 4082 to and appropriating in the Utility System Debt Service
Fund 4400; and appropriating $2,204,201.01 of unappropriated interest earnings and
transferring $2,290,674.36 from Water 1999 Capital Improvement Program Fund 4083 to and
appropriating in the Utility System Debt Service Fund 4400 to be applied to the FY 2006-2007
debt service payment; amending the FY2007 Capital Budget adopted by Ordinance No.
026997 to increase appropriations by $2,312,041.25; amending the FY 2006-2007 Operating
Budget adopted by Ordinance No. 026908 by increasing revenues and appropriations by
$2,509,734.21 each.
Mayor Garrett opened discussion on Item 15 regarding a Sanitary Sewer Construction and
Reimbursement Agreement submitted by Al Development Inc. Council Member Hummell asked
questions regarding the reimbursement and how the fees are determined. Johnny Perales, Interim
Deputy Director of Development Services, explained that the collection line trust fund reimbursement
includes the off-site construction improvements based on actual bids and sections of the
improvements that occur within the limits of proposed subdivision that are reimbursed at an offset
cost. Mr. Perales added that the platting ordinance states that the trust fund reimburses the
difference in the minimum facilities required to serve that development versus the oversize lines the
developer is required to install. Mr. Perales said the developer pays pro rata based on the linear feet
of frontage along the collection line.
Council Member McCutchon asked questions regarding the developer's payment and
reimbursement to the trust fund on this development. Mr. Perales provided an explanation of the
components for the reimbursement of costs. Council Members asked staff to provide a report on the
trunk funds. City Secretary Chapa polled the Council for their votes as follows:
15.a. MOTION NO. 2007-177
Motion approving the Sanitary Sewer Construction and Reimbursement Agreement
submitted by Al Development, Inc., owner and developer of Airline Crossing Unit 1 located
Minutes — Regular Council Meeting
July 10, 2007 — Page 6
south of Lipes Boulevard and west of Airline Road for the installation of 1,486 -linear feet of a
12 -inch PVC sanitary sewer collection line.
The foregoing motion was passed and approved with the following vote: Garrett, Cooper,
Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye.
15.b. ORDINANCE NO. 027327
Ordinance appropriating $99,600 from the Sanitary Sewer Collection Line Trust Fund No.
540450-4220-21801 to pay Al Development, Inc., for the installation of 1,486 -linear feet of a
12 -inch PVC sanitary sewer collection line as specified in the Sanitary Sewer Collection Line
Extension Construction and Reimbursement Agreement to develop Airline Crossing Unit 1.
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 referred to Item 17, and a motion was made, seconded and passed to open
the public hearing on the following zoning case:
Case No. 0407-05, Anthony's Aveda Salon: A change of zoning from a "R-1 B" One -family
Dwelling District to a "B-1" Neighborhood Business District on property described as
Claremont Place, Block 1, Lot 1, located at the northwest intersection of Sam Street and
Jacquelyn Drive, approximately 200 feet east of Everhart Road.
City Secretary Chapa stated that the Planning Commission and staff recommended denial of
the "B-1" Neighborhood Business District and, in lieu thereof, approval of a Special Permit subject to
a site plan and four (4) conditions.
Faryce Goode -Macon referred to a powerpoint presentation including the existing land use
map; aerial view of the subject property; pictorial views of the property; description of a "B-1"
Neighborhood Business District; perspective of salon; a revised site plan; and the special permit
conditions. Ms. Goode -Macon added that the subject property was found in violation of utilizing the
back portion of the property for commercial parking. She said the zoning case was tabled before the
Planning Commission to allow the applicant to meet with the neighborhood to reach agreement to
provide for the parking lot that exists to be conforming.
Council Member asked questions regarding the house located on the property; if the
neighborhood was in agreement with closing the existing drive on Sam Street; the use of the special
permit; the location of the access to the parking lot; the difference between rezoning and issuing the
permit; the type of fence located near Lot 2 on Sam Street; the location of the dumpster; access
times for the dumpster service as described in condition 2; why the applicant requested a change of
zoning to "R-1 B"; how long the parking lot existed on the property; if the applicant received a permit
to build the existing parking lot; noise issues; and traffic issues should the zoning case not be
approved.
Maria Elena Garcia, 734 Sam Street, spoke in opposition to the zoning request because of
traffic concerns and concern for children. Ms. Garcia stated that she supports the closure of Sam
Street with the entrance on Jacquelyn Drive. Abel Alonzo, 1701 Thames, requested that this item be
tabled for lack of communication.
Minutes — Regular Council Meeting
July 10, 2007 — Page 7
A motion was made by Dr. McCutchon to amend the zoning request to add a condition
stating that- Lot 1 can only be used for parking and excludes the placement of the dumpster on the
property. The motion was seconded by Ms. Martinez and passed unanimously.
Dr. McCutchon made a motion to close the public hearing, seconded by Mr. Kelly and
passed. Mr. Chapa polled the Council for their votes as follows:
17. ORDINANCE NO. 027329
Amending the Zoning Ordinance, upon application by Anthony's Aveda Salon, by changing
the zoning map in reference to Claremont Place, Block 1, Lot 1, from "R -1B" One -family
Dwelling District to "R-1 B/SP" One -family Dwelling District with a Special Permit for a parking
lot, subject to a site plan and four (4) 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 as amended and
approved as amended with the following vote: Garrett, Cooper, Elizondo, Kelly, McCutchon,
Marez, and Martinez, voting "Aye"; Hummel! and Leal voting "No".
City Secretary Chapa announced that Item 18 was withdrawn by the applicant.
18. WITHDRAWN
Amending the Zoning Ordinance, upon application by Christ Community Church (formerly
known as "Myrna B. Puga"), by changing the zoning map in reference to the easterly 3.82
acres (Tract 1) of Christ Community Subdivision, Lot 1 from "F R" Farm Rural --District to "B 4"
Subdivision, Lot 1, from "F R" Farm Rural District to "AB" Professional Office District;
Comprehensive Plan; providing a repealer clause; providing a penalty; providing for
publication.
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. 0507-11, The Lakes at King Estates, Inc.: A change of zoning from a "RE"
Residential Estate District to a "R -1A" One -family Dwelling District on property described as
84.836 acres out of the north %2 of Section 32, Laureles Farm Tracts recorded in Volume 3,
Page 15, Map Records of Nueces County, Texas, located south of King Trail off of South
Staples Street.
City Secretary Chapa stated that the Planning Commission and staff recommended denial of
the "R -1A" One -family Dwelling District and in lieu thereof, approval of a "RE/SP" Residential Estate
District with a Special Permit for the entire subdivision subject to twenty-one (21) conditions.
No one appeared in opposition of the zoning change. Ms. Cooper made a motion to close
the public hearing, seconded by Mr. Marez, and passed.
Ms. Goode -Macon said the applicant originally applied for a "R -1A" District but realized they
submitted the wrong district and were intending to keep the "RE" with a Special Permit to allow for
the same provisions of the existing land uses as the Coves at Lago Vista Subdivision. She added
that staff accepted the application, recommended denial of the "R -1A and in lieu thereof approval of
Minutes — Regular Council Meeting
July 10, 2007 — Page 8
a "RE/SP" Residential Estate District with a Special Permit with twenty-one conditions to allow for
reduced lot sizes. Ms. Goode -Macon referred to a map of the existing land use.
Juan Marines, Corpus Christi/Nueces County Public Health District, said he was familiar with
the septic tanks and spoke regarding the historical data of the existing tanks; safety issues; problems
that occurred; required aerobic treatment uses; daily water uses; type of septic tanks; ongoing
monitoring; and testing for contamination.
Chuck Urban, 2725 Swantner, said this project was the final unit originally approved by the
Planning Commission in 2004. He spoke regarding the twenty-one conditions that were developed in
the permit to allow for individual treatment unit that are monitored; the unique characteristics of the
subdivision; the application for a "R -1A" to reduce the size to less than 1 acre; and the mix of the
subdivision totaling 268 lots on 214 acres.
Council members asked questions regarding the special permit conditions; the current
zoning; size of the lots; if this area of town has wastewater services; staff's recommendation; the
surrounding subdivision's zoning and septic uses; access to the property; storm water services; the
consulting engineers; runoff into Oso Creek; mitigation; pooling areas; police and fire services; the
drainage right-of-way connection to Oso Creek; timetable to move sanitary sewer beyond Oso Creek;
reimbursement to the developer once the Master Plan is approved; policy change regarding septic
tanks; the change in acreage of lots; contamination of Oso Creek related to septic tank uses; the
number of existing homes; the number of lots sold or under construction; the number of lots
proposed; the reason the subdivision was approved in phases; the purchase of additional property
for the subdivision and the expectation of approval for smaller lots; and dictating the minimum size of
the lots.
Council members expressed concerns regarding allowing additional septic tanks in the City
limits.
A motion was made to amend the zoning ordinance to state the maximum number of 92 lots
on 94 acres. The motion was seconded by Mr. Kelly and passed; Hummel) and Leal voting "No".
1/2
A motion was made to amend Item 2 of the conditions to change the minimum lot size from
acre to 3 acre. The motion was seconded by Dr. McCutchon and passed unanimously.
Mr. Chapa polled the Council for their votes as follows:
19. ORDINANCE FAILED
Amending the Zoning Ordinance, upon application by The Lakes at King Estates, Inc., by
changing the zoning map in reference to 84.836 acres out of the North %2 of Section 32,
Laureles Farm Tracts, from "RE" Residential Estatc District to "RE/SP" Rcsidcntial Estatc
District with a Special Permit subject to twenty one (21) 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 failed with the following vote:
Cooper and Martinez voting "Aye"; Garrett, Elizondo, Hummel), Kelly, Leal, McCutchon, and
Marez, voting "No".
************
Mayor Garrett called for petitions from the audience. Alan Delgado, 3123 Lanier Drive,
Minutes — Regular Council Meeting
July 10, 2007 — Page 9
spoke regarding a petition requesting to improve the drainage and sidewalks for the 3100 and 3200
blocks of Lanier Street and the 1800 block of Whiting Drive. Joan Veith, 5701 Cain Drive, spoke
regarding the budget and increasing of rates. Donna Cisnerios, 1217 Tyler, spoke regarding
drainage and replacing the sewer lines in the Del Mar area. Andrea Harwell, 3025 Quail Springs
Road, requested an increase in funding for the Art Center. Jack Gordy, 4118 Bray, spoke regarding
the responsibilities of the City Council and illegal signs.
Tony Hartwell, 657 Don Patricio, spoke regarding animal control. J.E. O'Brien, 4130
Pompano, spoke regarding the approval of tax increment financing. Dora Garza, Carlos Fernandez,
and Dr. Cesar Alberracin requested consideration for funding the Instituto de Culture Hispanica to
keep the museum open. Abel Alonzo, 1701 Thames, spoke regarding economic development and
improving the quality of life. Dr. Lillian Walbaser, 15322 Yardarm Court, and Catherine Lacroix
asked the Council to consider an increase in funding for the Asian Cultures Museum. Louis
Hoelscher, 4429 Congressional, spoke regarding the proposed increase in utility rates.
*************
Mayor Garrett announced the executive session, which was listed on the agenda as follows:
24. Executive Session under Texas Government Code Section 551.074, Personnel Matters,
for deliberations regarding the appointment, employment, evaluation, reassignment,
duties, discipline, or dismissal of Municipal Court Judges 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 motion was passed with the following vote:
24. MOTION NO. 2007-178
Motion appointing Rodolfo Tamez as Presiding Judge, Division A effective June 19, 2007
and setting his salary at $85,819.10 to a term co -terminous with the City Council.
The foregoing motion was passed and approved with the following vote: Garrett; Cooper;
Elizondo, Hummell, Leal, McCutchon, Marez, and Martinez, voting "Aye"; Kelly voting "No".
*************
Mayor Garrett referred to Item 20, regarding the public hearing on the following zoning case:
Case No. 0507-10, Extreme Homes of Texas, LLC: A change of zoning from a "R-1 B" One -
family Dwelling District to a "R -1C" One -family Dwelling District on property described as
26.50 acres out of 35.75 acre tract recorded by deed in Volume 1450, Page 535, Nueces
County, Texas Deed Records, located on the south side of Up River Road approximately 750
feet from the intersection of McKinzie Road. (REQUEST BY APPLICANT TO TABLE UNTIL
7/24/07)
City Secretary Chapa announced that the applicant has requested to table the zoning case
until July 24, 2007. Mr. Kelly a motion to table the zoning case until July 24, 2007, seconded by Mr.
Hummell , and passed.
20. TABLED TO JULY 24, 2007
--
family Dwelling District to a "R 1C" One family Dwelling District on property described as
Minutes — Regular Council Meeting
July 10, 2007 — Page 10
26.50 acres out of 35.75 acre tract recorded by deed in Volume 1450, Page 535, Nueces
County, Texas Deed Records, located on the south side of Up River Road approximately 750
feet from the intersection of McKinzie Road. (REQUEST BY APPLICANT TO TABLE UNTIL
7/24/07)
* ************
Mayor Garrett referred to Item 21, an overview of the Proposed FY 2007-2008 Budgets for
Enterprise Funds.
Assistant City Manager Oscar Martinez referred to a powerpoint presentation including: a
summary of working capital and fund balances for the enterprise funds; utility capital improvement
projects; a chart detailing the utility debt service associated with refunding bond and debt; customer
growth rates for utility funds; average residential utility charge estimates; gallons of water consumed
(1,000 gallons) for raw and treated water; the cost of purchased water for Lake Texana; full time
equivalents, major revenues and expenditures for the Water, Gas, Wastewater, Airport, Golf, and
Marina funds; gas consumption; and the budget calendar.
Council members asked questions regarding the Choke Canyon Fund; assets; reasons for
the delay in construction of the slip rentals at the marina; the condition of the greens at Gabe Lozano
Golf Course; if Master Channel 27 has an effect on the completion date of Cimarron Road; the MGD
expansion at the Greenwood Wastewater Treatment Plant; the options for the Broadway Treatment
Plant; loss of customer growth for gas; historical utility rate increases; the estimated consumption of
water when using a sprinkler system; the winter average consumption; increase of rates in the water
fund; the increase in the debt service fund; the capital improvement projects; unappropriated
interest; the automated meter reading project; gas infrastructure; gas cost -of -service rate increases;
the decrease in gas consumption; wastewater full time equivalents; oil and gas production revenues
in the airport fund; additional ADA compliant shuttle vehicles at the airport; concession operation at
golf courses; and expenditures in the marina fund.
Council Member McCutchon asked staff to provide recommendations for funding marketing
for the marina.
* ************
Mayor Garrett referred to Item 22, and a motion was made, seconded and passed to open
the public hearing on the Proposed FY2007-2008 Operating Budget.
Bill Kopecky, 3609 Topeka, spoke regarding solid waste as an enterprise fund; the 5.75%
utility rate increase and the general fund balance. J. E. O'Brien, 4130 Pompano, commented on the
property tax rate and spoke in opposition of utility rate increases. Mary Anne Kelly, 4302 Schanen,
spoke regarding the marina, Crosstown Commons, and utility rate increases. Henry Williams, 2422
Summers, asked Council to revisit the discussion on the Broadway Treatment Plant. Abel Alonzo,
1701 Thames, asked the Council to continue asking questions of staff regarding the budget.
Mr. Marez made a motion to close the public hearing, seconded by Mr. Kelly, and passed.
* ************
Mayor Garrett opened discussion on Item 23 regarding "one-time" expenditures from the
estimated excess revenues over expenditures. Assistant Budget Director Eddie Houlihan presented
this item and provided a list of the recommended one-time expenditures.
Council members asked questions regarding the buydown of lease purchases; the amount of
Minutes — Regular Council Meeting
July 10, 2007 — Page 11
the proposed expenditures; the use of excess funds to pay the amount of debt; how the list is
derived and who decides the one-time expenditures; downtown improvements; and the animal
control pickup trucks. J.E. O'Brien, 4130 Pompano, spoke in support of the purchase of needed
equipment and commented on the City's total debt. Bill Kopecky, 3609 Topeka, spoke regarding the
use of the fund balance for the Memorial Coliseum. City Secretary Chapa polled the Council for their
votes as follows:
23. ORDINANCE NO. 027330
Ordinance appropriating $2,902,327 from estimated excess revenues over expenditures in
the No. 1020 General Fund for "one time" expenditures in the FY 2006-2007 Operating
Budget including: Police vehicles $155,000; books for new Southside Library $370,000; 2
ambulance remounts $160,000; refurbishment of 13 garbage trucks $544,000; Parks and
Recreation vehicles and equipment $315,000; Street maintenance $500,000; Animal Control
vehicles $80,000; Fire vehicles $156,000; Fire station repairs $50,000; Downtown
improvements $50,000 and buydown of lease purchases $522,327; amending the FY 2006-
2007 Operating Budget adopted by Ordinance No. 026908 by increasing revenues and
appropriations by $2,902,327 each.
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".
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Mayor Garrett called for the City Manager's report. City Manager Noe announced the "Free
Construction Debris Disposal and Used Tire Recycling Day" at the J.C. Elliott Landfill on Saturday,
July 14th from 7:00 a.m. to 5:00 p.m.
Mayor Garrett asked staff to consider adopting a program that will help clean up the city.
Mayor Garrett asked staff to provide some consequences to the budget if the utility rates are not
increased.
Mayor Garrett called for Council concerns and reports. Council Member Marez announced
that since he is a State employee and is ineligible to collect his Council Salary, he will offer his salary
for the next two years as a donation to non-profit organizations. Mr. Marez asked that any
organization interested in receiving the funds should contact the City Secretary's Office and be able
to verify their non-profit status.
Council Member Marez spoke regarding his request for a presentation on the noise ordinance
and the status of the airport international flights.
Council Member Leal asked for the status on the presentation regarding the 78415
expenditures for the last five years. City Manager Noe responded that the presentation was
scheduled for the August 28th meeting. Ms. Leal thanked the Water, Storm Water, Health,
Engineering, Development Services and Police departments for their assistance in resolving citizen
complaints. Ms. Leal asked questions regarding the Town Hall meeting for the Memorial Coliseum in
District 3 at the Corpus Christi Natatorium.
Council Member Elizondo announced the Town Hall meeting scheduled on July 11th from
6:00 p.m. to 7:30 p.m. at the Harbor Place Retirement Residence at 5518 Lipes to discuss the
Memorial Coliseum. Mr. Elizondo thanked City Manager Noe and Assistant City Manager Ron
Minutes — Regular Council Meeting
July 10, 2007 — Page 12
Massey for responding to concerns regarding street repairs.
Council Member McCutchon asked for the status regarding an e-mail from Gary Graham
about a sewer cave in. Staff responded. Dr. McCutchon also spoke regarding the Padre Island
Property Island Association's request for trash barrels at the boat ramps.
Council Member Hummel) spoke regarding a code violation for a property on Airline Road
where grass is blocking the sidewalks. Mr. Hummel) asked staff for the procedure for violations and
to provide information about the property owner. Mr. Hummel) asked staff to provide information
regarding street construction standards, how streets are built and the different specifications.
Council Member Martinez thanked Jeff Kaplan, Annie Leal, Yvonne Haag and Robert Quiroz
for their immediate response on a debris issue.
There being no further business to come before the Council, Mayor Garrett adjourned the
Council meeting at 4:43 p.m. on July 10, 2007.
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