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HomeMy WebLinkAboutMinutes City Council - 06/12/2007I 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 June 12, 2007, which were approved by the City Council on June 19 2007 WITNESSETH MY HAND AND SEAL, on this the 19th day of June, 2007. Armando Chap City Secretary SEAL MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting June 12, 2007 - 10:00 a.m. PRE*NT 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 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 Reverend Charles R. Graff of St. Luke's United Methodist Chum) and the Pledge of Allegiance to the United States flag was led by Council Member Nelda Martinez. Mayor Garrett called for approval of the minutes of the regular Council meeting of May 29, 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: Arts Old Crural Commission Michel Kim Frederick (Appointed ) Joe K. Hillard (Appointed) Heidi Hovde (Appointed) Richard A. Sanchez (Appointed) John Charles Watson, Jr (Appointed) * * Citizens Advisory Health Board Russell Stowers (Appointed) Sister City Committee George B. Kopf (Appointed) Farley L. Frazier (Appointed) Jonathan E. Lancaster (Appointed) * * Mayor Garrett called for consideration of the consent agenda (Items 3 - 11). There were no comments from the public. Council members requested that Items 4, 8, and 11 be pulled for indivkival consideration. City Secretary Chapa polled the Council for their votes as follows: 3. RESOLUTION NO. 027296 Resolution authorizing the City Manager or his designee to submit a grant application to the United States Department of Housing and Urban Development in the amount of $1,262,313 for Continuum of Care Homeless Assistance and execute all related documents. 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 June 12, 2007 -- Page 2 MOTION NO. 2007-145 Motion authorizing the City Manager or his designee to reinstate, amend the scope of work and to extend the FY 2004 Community Development Block Grant (CDBG) Program Funding Agreement with Mary McLeod Bethune Day Nursery, Inc. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye". 6 RESOLUTION NO. 027297 Resolution authorizing the City Manager or his designee to submit a grant application to the United States Department of Housing and Urban Development in the amount of approximately $86,300 under the Fair Housing Initiatives Program for education and outreach activities and to execute all related documents. The foregoing resolution was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye". 7.a. RESOLUTION NO. 027298 Resolution authorizing the City Manager or his designee to execute all documents necessary to accept the $10,000 grant from the Texas Forest Service for the Urban Forester Partnership Program. The foregoing resolution was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal. McCutchon, Marez, and Martinez, voting "Aye". 7.b. ORDINANCE NO. 027299 Ordinance appropriating a $10,000 grant from the Texas Forest Service in the No. 1067 Parks and Recreation Grants Fund to extend funding for an Urban Forester program. 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". 9. FIRST READING ORDINANCE 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. The foregoing ordinance was passed and approved on its first reading with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye" Minutes — Regular Council Meeting June 12, 2007 — Page 3 10. MOTION NO. 2007-146 Motion authorizing the City Manager or his designee to execute Amendment No. 2 to the Contact for Professional Services with HDR/Shiner Moseley, Inc., of Corpus Christi, Texas in the amount of $62,700, for a total re -stated fee of $507,744 for the Corpus Christi Ship Channel Utility Project for additional inspection time. 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 4 regarding a CDBG funding agreement with AVANCE, Inc. Council Member Leal asked staff to monitor the use of CDBG funds. City Manager Noe stated that a status report of CDBG projects is provided to Council quarterly. Council Members asked questions regarding the timeframe that agencies are required to expend funds; the reallocation of CDBG funding; and dedicating CDBG funds for speed humps. City Secretary Chapa polled the Council for their votes as follows: 4 MOTION NO. 2007-144 Motion authorizing the City Manager or his designee to amend the FY 2005 Community Development Block Grant (CDBG) Program Funding Agreement with AVANCE, Inc. by revising the scope of work for rehabilitation to new construction. 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 8 regarding transportation services for youth recreation programs. Council Members asked questions regarding transportation for the youth in the 78415 area, LatchKey sites in District 3, and transportation services provided in 2006. Staff responded. City Secretary Chapa polled the Council for their votes as follows: 8. RESOLUTION NO. 027300 Resolution to authorize the City Manager or his designee execute an Interlocal Agreement with the Corpus Christi Independent School District (CCISD) to provide transportation services for youth recreation programs. The foregoing resolution 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 11 regarding a reimbursement to JJAR Development LLP for the Legends of Diamante Unit 1. Council Members asked questions regarding the target range of home pricing for the project; smart growth concepts; policy amendments for development; review of the master plan; the structure of the trust funds and how much City money was allocated to the funds; the process of evaluating a request for reimbursement; and the water trust fund to London Independent School District. Council Member McCutchon asked staff to provide a report on new home growth versus population. City Manager Noe said staff would provide a report on the development incurred in the last few years in terms of new homes and estimates of population. City Secretary Chapa polled the Council for their votes as follows: Minutes - Regular Council Meeting June 12. 2007 - Page 4 11 ORDINANCE NO. 027301 Ordinance appropriating $99,618.96 from the Sanitary Sewer Collection Line Trust Fund No. 540450-21801-4220 to pay JJAR Development, LLP the remaining reimbursement amount for the installation of 2,660 -linear feet of off-site 18 -inch PVC sanitary sewer collection line to develop the Legends of Diamante Unit 2. 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". x.*****k***** Mayor Garrett referred to Item 12, and a motion was made, seconded and passed to open the Bowing public hearing: 12 Public hearing on the FY 2007-2008 Budget adopted by the Corpus Christi Crime Control and Prevention District Board of Directors. Mayor Garrett asked the Council if they had made their appointments to the Crime Control and Plreventon District Board. Police Chief Bryan Smith provided an overview of the Crime Control and Prevention District budget including the continued focus of the district; the assignment of police officers; the total expenditures of $4,788,936; the total revenues of $4,944,731; the ending fund balance of $2,244.725 and the budget calendar. Council members asked questions regarding police personnel, the pawn shop detail; handicap parking patrol; routine patrolling of malls; election costs for FY2006-2007; use of the fund balance; auditing of expenditures; red light camera funds; replacement of vehicles; the new Juvenile Drug Testing program; the funding of the Juvenile Assessment Center; the study of taser guns; the elimir»tion of technical support; and support personnel issues for MetroCom, Central Records and labs Abel Alonzo, 1701 Thames, thanked the voters for their support of the Crime Control District and spoke regarding the appointment of board members and parking for the disabled. Mr Kelly made a motion to close the public hearing, seconded by Ms. Cooper, and passed. Mayor Garrett referred to Item 13.a., and a motion was made, seconded and passed to open the public hearing on the following zoning text amendment: 13.a. Public hearing to consider a text amendment to Article 26 "Nonconforming Uses" of the Zoning Ordinance regarding Section 26-9 Nonconforming Lots of Record to allow the tandem parking of vehicles to nonconforming lots of record. Faryce Goode -Macon, Interim Assistant Director of Development Services presented this item and stated that the Planning Commission and staff recommended the approval of the proposed text amendment. O.K. Smith. a representative of Habitat for Humanity, spoke in support of the text amendment. Council members expressed their appreciation for the efforts of Habitat for Humanity. Minutes - Regular Council Meeting June 12, 2007 - Page 5 No one appeared in opposition to the zoning change. Dr. McCutchon made a motion to close tie public hearing, seconded by Mr. Kelly, and passed. Mr. Chapa polled the Council for their votes as follows: 13.b. ORE -MANCE NO. 027302 Ordinance amending Article 26 "Nonconforming Uses," Section 26-9 "Nonconforming Lots of Record" of the Zoning Ordinance, City of Corpus Christi, to allow tandem parking on nonconforming lots of record; providing a penalty clause; 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 14, and a motion was made, seconded and passed to open the public hearing on the following zoning case: Case No. 0507-01, Extreme Homes of Texas, L.L.C.: A change of zoning from a "R-1 B" One -family Dwelling District to a "B-1" Neighborhood Business District on property described as 1.93 acres out of a 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 350 feet from the intersection of McKinzie Road. City Secretary Chapa stated that the Planning Commission and staff recommended approval of the "B-1" Neighborhood Business District. In response to Mayor Garrett, Interim Assistant Director of Development Services Faryce Goode -Macon stated that a notice had been received in opposition. Ms. Goode -Macon referred to a poweidoint presentation including an existing use map, pictorial views of the subject property, future land .me map and the recommendation to allow for commercial development along subject property area. She added that the opposition notice from Tuloso-Midway School District states that they woukipreferthe zoning be changed to "B -1A" Neighborhood Business District with Tess commercial uses and enhancements for additional landscaping and set backs. Council Members asked questions regarding whether the applicant would agree to the "B1 - A" zoning; consequences to the applicant if zoning request was denied; the uses authorized under "B-1" that are not authorized under "B -1A"; TABC and ordinance regulations with proximity to the schod; if the applicant is allowed to address the council regarding a zoning change; and the identification of the residents who were sent zoning notices. Council Member Kelly said that Tuloso-Midway School District's primary objection is in regards to allowing consumption of alcohol. Mr. Kelly made a motion to table the zoning case for two weeks, seconded by Ms. Leal, and passed. There were no comments from the audience. 14 TABLED TO JUNE 26, 2007 charging the zoning map in refercnce to 1.93 acres out of a 35.75 acre tract recopded by family Dwelling District to "B 1" Neighborhood Business District; amcnding the Minutes — Regular Council Meeting June 12 2007 - Page 6 Mayor Garrett referred to Item 15, and a motion was made, seconded and passed to open the plic hearing on the following zoning case: Case No. 0507-02, Extreme Homes of Texas, L.L.C.: A change of zoning from a "R-1 B" One -family Dwelling District to an "AB" Professional Office District on property described as 1.91 acres out of a 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. City Secretary Chapa stated that the Planning Commission and staff recommended approval of the "AB" Professional Office District. No one appeared in opposition to the zoning change. Mr. Kelly made a motion to close the public hearing, seconded by Ms. Cooper, and passed. Mr. Chapa polled the Council for their votes as follows 15. ORDINANCE NO. 027303 Amending the Zoning Ordinance, upon application by Extreme Homes of Texas, L.L.C., by changing the zoning map in reference to 1.91 acres out of a 35.75 acre tract recorded by deed in Volume 1450, Page 535, Nueces County, Texas Deed Records, from "R-1 B" One - family Dwelling District to "AB" Professional Office District; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan; providing a repealer clause; providing a penalty; providing for publication. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye". Mayor Garrett referred to Item 16, and a motion was made, seconded and passed to open the public hearing on the following zoning case: Case No. 0507-06, Renato A. DePaolis II and Gary Cadena: A change of zoning from a "R - 1B/10" One -family Dwelling District with the Island Overlay to a "B-2/IO" Bayfront Business District with the Island Overlay on property described as Padre Island Section E, Block 1, Lots 1 through 4, located on Aruba Drive, approximately 300 feet west of Leeward Drive. City Secretary Chapa stated that the Planning Commission and staff recommended approval of the "B -2 -IO" Bayfront Business District with Island Overlay. No one appeared in opposition to the zoning change. Mr. Marez made a motion to close the publichearing, seconded by Ms. Cooper. and passed. Mr. Chapa polled the Council for their votes as folkriws 16 ORDINANCE NO. 027304 Amending the Zoning Ordinance, upon application by Renato A. DePaolis II and Gary Cadena, by changing the zoning map in reference to Padre Island Section E, Block 1, Lots 1 through 4, from "R -1B/10" One -family Dwelling District with the Island Overlay District to "B- 2/10" Bayfront Business District with the Island Overlay 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. Minutes - Regular Council Meeting June 12. 2007 - Page 7 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 announced the executive sessions, which were listed on the agenda as follows: 22. Executive session under Texas Government Code Section 551.071 regarding Cause No. 06-60843-4 Camelia Arredondo v City of Corpus Christi, in the County Court at Law No. 4 of Nueces County, 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: 22. MOTION NO. 2007-147 Motion authorizing the City Manager to settle Cause No. 06-60843-4, Camelia Arredondo v City of Corpus Christi, in the County Court of Law No. 4, Nueces County, Texas, for the total sum of $187,500, subject to certification of funds. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye". i r * * * * * * * * * * * Mayor Garrett called for petitions from the audience. J.E. O'Brien, 4139 Pompano, spoke regarng rate increases and tax relief for taxpayers. Jack Gordy, 4118 Bray Drive, spoke regarding money spent on lobbyists. Carrie Robertson, 4401 GulfBreeze, provided a petition to change to curfew on Corpus Christi Beach to 12:00 a.m. to 6:00 a.m. and spoke regarding additional police patrolor that area. Luis R Corona, 2805 David, spoke regarding the need for public restrooms at the Staples Street bus terminal. * * * * * * * * * * * * Mayor Garrett referred to the special budget presentation regarding an overview of the FY2007-2008 General Fund Proposed Budget. City Manager Noe provided an overview of the balanced scorecard. Assistant City Manager Oscar Martinez referred to a powerpoint presentation including: a chart pf the general fund revenues; the major revenue increases; the history of net taxable values, assessed valuations and ad valorem tax rates; the state property tax code requirements; property tax inrmatn; a comparison of the maintenance and operating tax rate; sales tax collections; solid wastefee increases; a chart of major expenditures by department; expenditure increases; full time equivalents changes; expenditures by function for General Government, Fire, Police, Library, Parks and Recreation, Street. Solid Waste, and Neighborhood Services/Engineering; one-time expenditures for service enhancement; and the budget calendar. Council members asked questions regarding ad valorem taxes; the financial policy; the determination of new growth; the problems or concerns in the general fund; the advantages of adjus* g the budget cycle, how often adjustments are made to the budget; initiative programs for employees and evaluation of work processes; the red light camera revenues; tax exemptions; cost Minutes - Regular Council Meeting June 12, 2007 - Page 8 of living adjustments on the assessed valuations; the graffiti clean-up program; the status of the solid waste transfer station; current cost for recycling; the excess fund balance; the City's investinents and bond funds; the members of the investment committee; full time equivalent for the Police Department and the Economic Development Office; total number of vacancies; replacement of fire trucks; expenditure increases for Police; expenditures for maintenance of fire trucks; vacaries and personnel issues in the Police Department; the vehicle impound lot; increase in beach operations and clean up efforts; the Asian Cultural Museum; and the completion of the HEB Tennis Center. * * * * * * * * * * * Mayor Garrett referred to Item 18, a presentation of the Crosstown Commons Project. John Bell, Wood Boykin & Wolter, introduced the project team. Jeff Brewer, CBL Development, provided a pro1ect overview including site plan of the life style center, the cost of projected investment and annum taxable sales. Barbara Bruce, Location Strategies, LLC, referred to a powerpoint presentation regarding the market research including: the market considerations summary; a sales leakage analysis; a comparison of retail sales versus total income; review of a consumers survey including research objectives and key findings; major retailer representation and typical second store sales impact. Drew Masterson, First Southwest Company, and Mr. Bell referred to the powerpoint presentation regarding: the economics of development including the projected property tax increments and sales tax revenues; the proposed Tax Increment District (TIF) and Public Improvement District; a map of the proposed TIF District site; the Crosstown Commons projected value; and the advantages to the City and to the developer. Council Members asked questions regarding sales leakage; last year's retail sales; proposed increase in sales; type of retail sales; inflation on ad valorem sales tax; the actual value of the TIF; the policy for the relocation of stores; the marketing strategy to bring new retailers to the City; the percentage of retailers that prefer to be in an open -environment; the counties in the metropolitan statistical area; the request for public assistance for the on-site development; the developer's reimbursement cost should the City not support a TIF; the impact of the development to the City; the biggest obstacles to the project; the results of the ERA analysis; the protection for existing businesses; and the entity that would monitor the sales tax of new or relocated stores. Mayor Garrett referred to Item 19, an overview of Public -Private Partnerships for Retail Development in the State of Texas. Director of Economic Development Irma Caballero referred to a powerpoint presentation of the results of a survey of nine projects that included an explanation of the develapment; the reasons the City provided incentives; the public and private investments; the concerns, obstacles and negative impacts; the economic impacts; and techniques to considering a public-private partnership Council Members asked questions regarding if the cities had policies in place with respect to the developments; sales leakage; and the impacted area. Mayor Garrett referred to Item 20, a presentation on the City of Corpus Christi Tax Incentive Policyfor Large Retail/Mixed Use Development and Redevelopment. Ms. Caballero provided a brief presentation including the intent of the policy; the procedures to determine if a project would be submiaed to Council; the project qualifications; other qualify factors; the financial requirements; other policy considerations: the application process; and fees. Minutes - Regular Council Meeting June 12. 2007 - Page 9 Council Members asked questions regarding if there were time constraints for approval of the Crosstown Commons Project and the policy; if a policy had to be in place to consider an individual project; if the policy was generated to include smaller development; the maturity of a bond; and waiving of a portion of the fee. Mayor Garrett opened discussion on Item 21 regarding the City of Corpus Christi Tax Incept ve Policy for Large Retail/Mixed Use Development and Redevelopment. Mayor Garrett requested to postpone action on the policy until a later date and the Council concurred. Council Member Martinez provided a series of recommendations to amend the policy. Mayor Garrett called for public comment Hal George, 5350 South Staples, spoke regarding postponing the adoption of the policy to have more time to review and receive additional input. Bill Morris, Trademark Property Company, encourage the Council and staff to slow down the process to have time to review the policy, suggested that language be added to the TIF policy to consider the risks, and asked for a public hearing. Leon Loeb, LandLord Properties, said that he opposed the assistance of city funds for the project. Susie Luna Saldana, spoke in support of growth for the City. Joe Ortiz, 3718 Mendelhall, spoke in support of growth and suggested implementing a contract were minority can participate in the development. Sal Morales, past President of the Arlington Chamber of Commerce, spoke regarding the use of a fair share agreement to include minority business to participate in development. Mark Roach, board member of the Associated Builders and Contractors, spoke in support of the project. Sam Susser, spoke regarding sales leakage and support of the project. Jim Baxter, General Manager of Padre Staples Mall, spoke regarding the creation of a TIF, the relocation of tenant; and asked Council to slow down the process. David Loeb, spoke regarding inaccurate numbs provided by the developer for taxable sales and the use of City funds. Terry Carter, President of the Corpus Christi Chamber of Commerce, asked Council to slow down the process, and spoke regarding incentives for retail development and implementing a policy to include small business owners. Nancy Vera, Lulac Council #4444, spoke in support of the project. Freddie Martinez, Jr., Vice President of Freddie Records, spoke regarding smart growth, use of a TEF for the project, and limitations on small developers. Mike Carranco, Business Manager for the Electrical Workers Local #278, spoke in support of the project and asked that the policy include the use of local construction workers. Eloy Salazar, 8206 Campodolcino, asked the Council to include small businesses in their policy. Butch Escobedo, # 3 Great Lakes, asked the Council to implement a policy to include small businesses. Rene Saenz, spoke regarding public input and improNAng the quality of life George Simpson, spoke in support of the project. Jack Kelly, 3621 Austin, asked for consideration of small business and asked the Council to take time to develop a vision for the City. Abel Alonzo, 1701 Thames, spoke in support of economic development and asked that Council not delay the project Matthew Cravey, 4565 River Park, spoke in support of the developers and the project. He added that the deadline to sell the property was approaching. Joe Cisneros, President of the Hispanic Chamber of Commerce, encouraged the Council to develop solid policies to push the community forward. Reagan Brown PO Box 8229, stated that he does not support the city utilizing public funds for retail development and asked the Council to slow down the process. Ramiro Gamboa, 2630 Cloyde, spoke regarding the policy being inclusive. Bill Brown, 4500 Ocean Drive, said the Council should consider not including the sales tax for second store as well as relocated stores. Minutes - Regular Council Meeting June 12. 2007 - Page 10 Council Member Cooper announced that she would be out of the country and asked that consideration on the Crosstown Commons project be scheduled after June 26th. Discussion ensued regarding the date of action on the policy and the project. Mayor Garrett requested that action on the pocy be postponed until a later date and that action on the Crosstown Commons Project be considered on June 26, 2007 21. POSTPONED ********,** Mayor Garrett called for Council concerns and reports. Council Member Hummel) encouraged the public to provide their input and make constructive suggestions regarding the policy to develop a system that protects everyone's interest. There being no further business to come before the Council, Mayor Garrett adjourned the Cound meeting at 6:58 p.m. on June 12, 2007. *.***********