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.