HomeMy WebLinkAboutMinutes City Council - 08/21/2007I HEREBY CERTIFY that the foregoing is a true and correct copy of the minutes of the Regular
Meeting ofthe Corpus Christi City Council of August 21, 2007, which were approved by the
City Council on August 28, 2007.
WITNESSETH MY HAND AND SEAL, on this the 28th day of August, 2007.
nando Chapa
City Secretary
SEAL
MINUTES
CITY OF CORPUS CHRISTI, TEXAS
Regular Council Meeting
August 21, 2007 - 10:00 a.m.
PRESENT
Mayor Henry Garrett
Mayor Pro Tem Mike Hummel)
Council Members:
Melody Cooper
Larry Elizondo, Sr.
Bill Kelly
Priscilla Leal
Michael McCutchon
John Marez
Nelda Martinez
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 Alan Delafield with Asbury United Methodist
Church and the Pledge of Allegiance to the United States flag was led by Council Member Elizondo.
Mayor Garrett called for approval of the minutes of the regular Council meeting of July 24,
2007. A motion was made and passed to approve the minutes as presented.
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Mayor Garrett announced that Item 26 regarding a policy for dues check off for non-public
safety city employees was being postponed.
26. POSTPONED
Motion directing the City Manager to implement a policy dues check off capabilitics for non
public safety city employees.
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Mayor Garrett referred to Item 2 and the following board appointments were made:
Board of Adjustment
Dan Winship (Appointed)
Sergio Ornelas (Appointed)
Commission on Children and Youth
Sheri Phillabaum (Reappointed)
Mary Jane Garza (Reappointed)
Caitlin Martin (Reappointed)
Aaron De la Garza (Appointed)
Park and Recreation Advisory Committee
Hunter Young (Reappointed)
Teresa Carrillo (Reappointed)
Mari Whitworth (Reappointed)
Jamie Pyle (Reappointed)
Gregory T. Perkes (Reappointed)
Adam Nuse (Appointed)
Building Code Board of Appeals
Bill Ewing (Appointed)
John R. Dykema, Jr. (Appointed)
Mike Lippincott (Appointed)
Corpus Christi Downtown Management District
David Loeb (Appointed)
Tracy Long (Appointed)
Small Business Advisory Committee
Lamont Taylor (Reappointed)
Sylvia Ford (Reappointed)
Guadalupe J. Gomez (Appointed)
Minutes — Regular Council Meeting
August 21, 2007 — Page 2
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Mayor Garrett called for consideration of the consent agenda (Items 3 - 17). Mr. Bill Kopecky
asked that Items 7 and 8 be pulled for individual consideration. Council members requested that
Items 15 and 16 be pulled for individual consideration. City Secretary Chapa polled the Council for
their votes as follows:
3. MOTION NO. 2007-203
Motion approving a three-year HVAC maintenance service agreement with Johnson Controls,
Inc., of Corpus Christi, Texas in the amount of $183,600 of which $56,100 is required in FY
2007-2008. The award is in accordance with the State's Cooperative Purchasing Program.
Funding is available in the General Services Department in FY 2007-2008 and will be
requested in subsequent fiscal years.
The foregoing motion was passed and approved with the following vote: Garrett, Cooper,
Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye".
4. MOTION NO. 2007-204
Motion approving the purchase of one (1) brush loader truck from Chastang's Bayou City
Ford Truck Sales, Inc., of Houston, Texas for the total amount of $101,181.38. The award is
based on the City's cooperative purchasing agreement with the Houston Galveston Area
Council of Governments (HGAC). This brush loader truck will be used by Neighborhood
Services. Funds are budgeted in the operations budget of the Neighborhood Services
Department.
The foregoing motion was passed and approved with the following vote: Garrett, Cooper,
Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye".
5. MOTION NO. 2007-205
Motion approving the purchase of two (2) automated side -loading refuse trucks from Rush
Truck Center of Texas, L.P., of Houston, Texas in the amount of $437,694 of which
$32,243.20 is budgeted in FY 2007-2008. The award is based on the City's cooperative
purchasing agreement with the Houston Galveston Area Council of Governments (HGAC).
These trucks are replacements to the fleet and will be used by Solid Waste Services.
Financing will be provided through the City's lease -purchase program.
The foregoing motion was passed and approved with the following vote: Garrett, Cooper,
Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye".
6. MOTION NO. 2007-206
Motion approving a supply/service agreement to be activated only in the event of a hurricane
or other disaster with Garner Environmental Services, Inc., of Deer Park, Texas in
accordance with Bid Invitation No. BI -0217-07, based on only bid for an estimated
expenditure of $600,952.50. The term of the agreement will be for twelve months with an
option to extend the agreement for up to four additional twelve-month periods subject to the
approval of the supplier and the City Manager or his designee.
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
August 21, 2007 — Page 3
9.a. RESOLUTION NO. 027359
Resolution authorizing the City Manager or his designee to execute a cooperative agreement
with the United States Department of Justice, Drug Enforcement Administration (DEA) in an
amount not to exceed $20,000 for the Police Department to provide officers on an overtime
basis to a joint operation/task force.
The foregoing resolution was passed and approved with the following vote: Garrett, Cooper,
Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye".
9.b. ORDINANCE NO. 027360
Ordinance appropriating $20,000 from the United States Department of Justice, Drug
Enforcement Administration (DEA) for the Police Department to provide officers on an
overtime basis to a joint operation/task force in the No. 1020 General Fund - Police
Department; amending Ordinance No. 027352 which adopted the FY 2007-2008 budget by
increasing both revenues and appropriations by $20,000.
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.a. RESOLUTION NO. 027361
Resolution authorizing the City Manager or his designee to accept a $56,119 grant awarded
by the Corporation for National and Community Service for the Retired and Senior Volunteer
Program (RSVP).
The foregoing resolution was passed and approved with the following vote: Garrett, Cooper,
Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye".
10.b. ORDINANCE NO. 027362
Ordinance appropriating a $56,119 grant from the Corporation for National and Community
Service in the No. 1067 Parks and Recreation Grants Fund for the Retired and Senior
Volunteer Program (RSVP).
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".
11.a. RESOLUTION NO. 027363
Resolution authorizing the City Manager or his designee to accept a $275,761 grant awarded
by the Corporation for National and Community Service for the Senior Companion Program.
The foregoing resolution was passed and approved with the following vote: Garrett, Cooper,
Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye".
11.b. ORDINANCE NO. 027364
Ordinance appropriating a $275,761 grant from the Corporation for National and Community
Service in the No. 1067 Parks and Recreation Grants Fund for the Senior Companion
Minutes — Regular Council Meeting
August 21, 2007 — Page 4
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".
12.a. RESOLUTION NO. 027365
Resolution authorizing the City Manager or his designee to accept a grant of $150,475 from
the Department of State Health Services for personnel costs and other expenses relating to a
plan for responding to an act of terrorism 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".
12.b. ORDINANCE NO. 027366
Ordinance appropriating a grant of $150,475 from the Department of State Health Services in
the No. 1066 Health Grants Fund for personnel costs and other expenses relating to a plan
for responding to an act of terrorism.
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".
13. RESOLUTION NO. 027367
Resolution authorizing the City Manager or his designee to execute a one-year lease option
agreement with the United States Government on behalf of the United States Coast Guard
for property located at the Corpus Christi International Airport.
The foregoing resolution was passed and approved with the following vote: Garrett, Cooper,
Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye".
14. ORDINANCE NO. 027368
Ordinance appropriating $13,975.69 into the Library Capital Improvement Program Fund No.
3210 for improvements to the Parkdale Branch Library from the following sources: $1,739.68
from mineral interest from the William T. Neyland Estate and $12,236.01 from
unappropriated interest earnings from the Library Capital Improvement Program Fund No.
3210; changing FY 2006-2007 Capital Budget adopted by Ordinance No. 026997 to increase
appropriations by $13,975.69.
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".
17. MOTION NO. 2007-212
Motion authorizing the City Manager or his designee to execute Amendment No. 1 to the
Contract for Professional Services with Naismith Engineering, of Corpus Christi, Texas in the
amount of $40,200 for a restated total not to exceed fee of $64,700 for the Regional
Transportation Authority (RTA) Special Streets Project, Livable Communities Initiative.
Minutes — Regular Council Meeting
August 21, 2007 — Page 5
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 Items 7 and 8 regarding annual software and
maintenance costs for the City's Geographic Information Systems and Kronos time management
system. Bill Kopecky, 3609 Topeka, spoke regarding the commitment of annual maintenance fees
and suggested the City create a list of all the computer programs and the annual maintenance cost.
City Secretary Chapa polled the Council for their votes as follows:
7.a. MOTION NO. 2007-207
Motion authorizing the City Manager or his designee to approve the annual software
maintenance renewal with ESRI, Inc., of Redlands, California in an amount not to exceed
$53,162.12 for the ESRI suite of products used by the City's Geographic Information System
users based on sole source.
The foregoing motion was passed and approved with the following vote: Garrett, Cooper,
Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye".
7.b. MOTION NO. 2007-208
Motion authorizing the City Manager or his designee to approve purchase of continued
annual maintenance costs from ESRI, Inc., of Redlands, California for the ESRI suite of
products subject to annual appropriation of funds based on sole source.
The foregoing motion was passed and approved with the following vote: Garrett, Cooper,
Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye".
8.a. MOTION NO. 2007-209
Motion authorizing the City Manager or his designee to authorize payment of Invoice No.
10234619 for twelve month software and hardware maintenance with Kronos, Inc., of
Chelmsford, Maryland in an amount not to exceed $48,179.52 based on sole source.
The foregoing motion was passed and approved with the following vote: Garrett, Cooper,
Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye".
8.b. MOTION NO. 2007-210
Motion authorizing the City Manager or his designee to approve purchase of continued
annual maintenance costs from Kronos, Inc., of Chelmsford, Maryland for software and
hardware for the Kronos suite of products subject to annual appropriation of funds based on
sole source.
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 15 regarding Sidewalk Accessibility Improvements
for the Disabled. Council Member Marez asked questions regarding the responsibility for cost over-
runs; other ADA compliance projects; and the reason for the change order. Director of Engineering
Angel Escobar answered that the City is responsible for cost over -runs and provided the reasons for
the change order. Mr. Escobar said the City has completed eight projects to date and still has two
projects ongoing. In response to Council Member Leal, Mr. Escobar stated that this change order
would be the final on for this project. City Secretary Chapa polled the Council for their votes as
Minutes — Regular Council Meeting
August 21, 2007 — Page 6
follows:
15. RESOLUTION NO. 027369
Resolution authorizing the City Manager or his designee to increase the escrow amount of
the Advance Funding Agreement with the Texas Department of Transportation (TxDOT) in
the amount of $158,590.93 for Change Order No. 21 to adjust the final quantities associated
with the construction of barrier -free ramps and sidewalks at selected street locations
associated with the Sidewalk Accessibility Improvements Project (Weber, Alameda, Santa
Fe).
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 16 regarding the Final Cover Phase 4-6 and
Landfill Gas Collection for the J.C. Elliott Landfill. In response to Council Member McCutchon,
Assistant Director of Engineering Kevin Stowers said that the contract was for engineering design
services to provide for the closure of the landfill as required by TCEQ regulations and that Shiner
Moseley was the selected firm due to their expertise and previous work at the landfill. Council
Member Hummell asked questions regarding the structure for the cost of the work. Mr. Stowers
provided an explanation of the cost breakdown. Council Member Leal asked if Shiner Moseley has
been used on other projects, if the projects were on budget and how the firm was rated. Director of
Engineering Escobar said that Shiner Moseley has been used on several projects including the
seawall and have come in at various times under, over and on budget. Mr. Escobar provided an
explanation of the rating system. Council Member Leal asked if staff had reviewed the work at the
seawall and reported flooding on Shoreline Boulevard near the Memorial Coliseum. City Secretary
Chapa polled the Council for their votes as follows:
City Secretary Chapa polled the Council for their votes as follows:
16. MOTION NO. 2007-211
Motion authorizing the City Manager or his designee to execute an engineering contract with
HDR, Inc. (Shiner Moseley), of Corpus Christi, Texas in the amount of $404,600 for the J. C.
Elliott Landfill Final Cover System (Phases 4-6) and Landfill Gas Collection System.
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 25 regarding the expansion of the Texas A & M
University — Corpus Christi campus. City Manager Noe explained that the resolution authorized staff
to proceed with final negotiations with Texas A & M University System for the formal transfer of 130
acres from the area adjacent to the Oso Wastewater Treatment Plant and South Guth Park. Mr. Noe
added that a public hearing would be held in September for converting use of the park property.
Council Members asked questions regarding making adjustments to the proposal; the
possible and current uses of the flood plain; the possibility of the city leasing the flood plain area to
the university; whether the flood plain land could be built on; reversionary provisions should the
university cease to operate on the land; jurisdictional wetland areas; the amount of acreage; the
value of the property; the city's total debt; the original municipal donation of Ward Island;
scholarships for local students; and if uses for the flood plain could be preserved.
Minutes — Regular Council Meeting
August 21, 2007 — Page 7
Bill Kopecky, 3609 Topeka, spoke regarding the consideration of a long term land lease,
receiving a commitment from the TAMU System Board of Regents for expansion; and where the
money would come from to fund the relocation of the ball fields. J.E. O'Brien, 4130 Pompano, said
he was in opposition of gifting the land to the University. John Kelly, 3621 Austin Street, spoke
regarding the cost of the land and rebuilding, police and fire infrastructure costs; and additional
considerations to the contract.
City Secretary Chapa polled the Council for their votes as follows:
25. RESOLUTION NO. 027372
Resolution authorizing the City Manager or his designee to take all actions necessary to
pursue the conveyance of property to the Texas A&M University System for the expansion of
Texas A&M University -Corpus Christi campus.
The foregoing resolution 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 referred to Item 18 regarding a public hearing on the proposed ad valorem tax
rate increase. Cindy O'Brien, Director of Financial Services, stated that the rate approved in the
budget was estimated at $0.58. She added that because the computed effective tax rate from
Nueces County and the Appraisal District of $0.549193 is greater than the City's proposed rate, the
state requires two public hearings be held. Ms. O'Brien referred to a powerpoint presentation
including the definitions of effective tax rate and rollback tax rate; history of assessed valuations; and
a history of ad valorem tax rates.
Council members asked questions regarding the use of the effective tax rate to establish the
budget; percentage rate for new growth; the actual collections received from property tax last year;
receiving the certified values after the budget was adopted; postponing the approval of the budget to
July 31St after the certified values were received; if the proposed effective rate would increase taxes;
revenues from increased appraisals; the total amount of unpaid bonded indebtness; and the debt
service fund.
Mayor Garrett called for a brief recess to present proclamations and receive comments from
the public on items not listed on the agenda.
Mayor Garrett called the meeting back to order and asked for petitions from the audience.
J.E. O'Brien, 4130 Pompano, spoke regarding an internal auditor, the increase in utility rates, and the
water issues. Domingo Ybarra, President of the Corpus Christi Police Officers Association, spoke
regarding accountability and due process for reviewing the City Manager. John Torrey, 7253 Yaupon
and on behalf of the Caravels de Colon Historical Foundation, spoke regarding establishing
dialogue with the City to preserve the Nina ship. Maria Hight, 535 Forest Oak in Rockport, Texas,
spoke regarding animated pornography being sold in proximity to children's books in book stores and
available in public libraries. Neil McQueen, 4213 Estate, and John Adams, 307 Katherine, spoke
regarding the need to install beach signs for water quality at all City beaches.
Jack Gordy, 4118 Bray, spoke regarding council compensation. Dr. Nick Adame, President
of LULAC Council No. 1, spoke regarding the concerns of the community. John Kelly, 3621 Austin,
spoke regarding bay bacteria contamination and making the TCEQ investigation available to the
public. Lisa Hernandez, 434 Villa, spoke regarding the water issues, the information provided to
Minutes — Regular Council Meeting
August 21, 2007 — Page 8
citizens, and the replacement of City Manager Noe and Assistant City Manager Ron Massey. Abel
Alonzo, 1701 Thames, spoke regarding staff accountability, the resignation of Ed Garana and an
outside investigation of the water issues. Joan Veith, 5701 Cain, spoke regarding accountability for
the water issues. Carlos Torres, President of the Corpus Christi Firefighters, spoke regarding the
water issues and the accountability of city staff.
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Mayor Garrett announced the executive sessions, which were listed on the agenda as
follows:
32. 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.
33. Executive session under Texas Government Code Section 551.071 regarding Cause No. 05-
1330-F, San Juanita Graham v. City of Corpus Christi, in the 247th District Court 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 motions were passed with the following vote:
33. MOTION NO. 2007-218
Motion authorizing the City Manager to settle Cause No. 05-1330-F; San Juanita Graham vs.
City of Corpus Christi; In the 214th Judicial District Court, Nueces County, Texas, for the total
sum of $125,000, subject to certification of funds.
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.
32. MOTION NO. 2007-217
Motion appointing Julianne Siracusa Rivera as Municipal Court Judge of the Environmental
Court at a salary equivalent to those of the currently appointed Municipal Court Judges to a
term co -terminous with those of the City Council.
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 returned to Item 18 regarding the public hearing on the ad valorem tax rate
increase. Council members asked questions regarding how long the City has dropped the tax rate to
reduce the number of tax funds received; the requirement for a public hearing; expectation of new
growth; staff's recommendation for the tax rate; the development of the financial policy; and a debt
policy.
Mr. Elizondo made a motion, seconded by Ms. Martinez and passed to open the public
hearing.
Bill Kopecky, 3609 Topeka, spoke regarding the adoption of the budget with rates for
Minutes — Regular Council Meeting
August 21, 2007 — Page 9
maintenance and operation and debt service and the approval of an effective rate of $0.549193.
J.E. O'Brien, 4130 Pompano, spoke regarding scheduling a time certain for the public hearing, tax
increases, and the bond indebtness.
Mr. Elizondo made a motion to close the public hearing, seconded by Mr. Marez, and passed.
Mayor Garrett stated that during the September 11th City Council Meeting beginning at 10:00
a.m. at City Hall, the City Council will vote on the proposed tax rate.
*************
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. 0707-02, JTJ Investments, Inc.: A change of zoning from a "R-1 B" One -family
Dwelling District to a "A-1" Apartment House District on property described as Nueces
Gardens 1, Block 1, Lots 4 and 4A, located on Violet Road, approximately 300 feet south of
Mayfield Drive.
City Secretary Chapa stated that the Planning Commission and staff recommended approval
of the "A-1" Apartment House District.
No one appeared in opposition to the zoning change. Mr. Elizondo made a motion to close
the public hearing, seconded by Ms. Martinez, and passed. Mr. Chapa polled the Council for their
votes as follows:
19. ORDINANCE NO. 027370
Amending the Zoning Ordinance, upon application by JTJ Investments, Ltd., by changing the
zoning map in reference to Nueces Gardens 1, Block 1, Lots 4 and 4A, from "R -1B" One -
family Dwelling District to "A-1" Apartment House 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, Elizondo, Hummel!, Kelly, Leal, McCutchon, Marez, and Martinez,
voting "Aye"; Cooper was absent.
Mayor Garrett referred to Item 20, and a motion was made, seconded and passed to open
the public hearing on the following zoning case:
Case No. 0707-03, LSCC Holdings, L.L.C.: A change of zoning from a "R -1B" One -family
Dwelling District to a "B-4" General Business District on property described as 0.697 acres
(Tract 1) and 0.298 acres (Tract 2), both out of Nueces River Irrigation Park Annex No. 1,
located at the intersection of Riverwood Drive and FM 624 (Northwest Boulevard).
City Secretary Chapa stated that the Planning Commission and staff recommended denial of
the "B-4" District and in lieu thereof, approval of a "B-1" Neighborhood Business District for Tract 1
and 2.
Faryce Goode -Macon, Interim Director of Development Services, referred to a powerpoint
presentation including the existing land use map; a 2006 aerial view of the subject property; uses of
the "B-4" General Business District; planning commission and staff's recommendation; a proposed
Minutes — Regular Council Meeting
August 21, 2007 — Page 10
project site plan; pictorial views of the subject property; a future land use map; and an ownership
map.
Chris Williams, 4101 Crossriver, spoke in support of the addition to the property but
expressed concern regarding the drainage and flooding in the area.
Kathy Hogan, 353 Bermuda and applicant, said that the property was designed with the
neighborhood in mind and is willing to work with the city and engineers to resolve the drainage.
Victor Gutierrez, Coym, Rehmet & Gutierrez Engineering, explained the different options
being considered to resolve the drainage issue.
Council Members asked questions regarding the detention pond; the Master Drainage plan;
the drainage issues; failure of the newly engineered system in the subdivision; if the neighborhood
had met with and approved the development; the capacity of Hazel Bazemore; the percentage of
impermeable cover allowed in areas; what other cities have done regarding impermeable cover; the
consideration of draining the property south to FM624 and channeling to Hazel Bazemore; Texas
Department of Transportation requirements; and the design of the drainage system.
Mr. Elizondo made a motion to close the public hearing, seconded by Mr. Kelly, and passed.
Mr. Chapa polled the Council for their votes as follows:
20. ORDINANCE NO. 027371
Amending the Zoning Ordinance, upon application by LSCC Holdings, L.L.C., by changing
the zoning map in reference to 0.697 acres (Tract 1) and 0.298 acres (Tract 2) out of Nueces
River Irrigation Park Annex No. 1 from "R -1B" One -family Dwelling District 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, voting "Aye".
*************
Mayor Garrett referred to Item 21 regarding an update on Water Issues. Danny Ybarra,
Acting Director of Water, provided an update on the actions of the Water Department regarding the
nitrification problem that occurred in July.
City Manager Noe provided a background on the incidents regarding the positive testing of
E.coli and total coliform, the inadequate notification procedures, and an independent investigation.
Council members asked questions regarding the notification process for two positive results;
the system of reporting; whether the city hired an outside firm after the first water incident; when
Corolla Engineering was hired; if Corolla Engineering was previously familiar with the City's water
system; the internal notification to key personnel in the water department; the employees who
analyze the testing; the employee that discovered the first positive; if documents are generated to log
every test; the notification to TCEQ of the first positive sample; the date and time the first positive
sample was drawn; the time the first sample was processed; the time the lab was aware of the
positive test; the representatives from Corolla Engineering; the time that Corolla was aware of the
positive testing; the second confirmed test and who performed the analysis; TCEQ requirements; the
first indication there were problems with the system; the date the City was out of compliance
Minutes — Regular Council Meeting
August 21, 2007 — Page 11
regarding the chlorine; the requirement to test nitrite levels; previous positive results of E.coli or total
coliform; the safety of the water system; if the testing system was accurate; the issuing of the city
wide boil alert instead of just in effected areas; implementation of procedures; the independent
study; if TCEQ will review the infrastructure requirements; why policies were not in place for the
department; the lines of supervision; whether the council have investigative and subpoena authority;
the timeframe for processing the results; the day of the second boil water notification; when the City
Manager was notified; the date the water boil was lifted; and how the water bill adjustments will be
funded.
Mayor Garrett stated that he would head the water investigation ad hoc committee and will
have Council Members Nelda Martinez and Michael McCutchon assist him in this matter.
Mayor Garrett announced that Item 22 regarding the Wastewater Collection System Master
Plan Update for South of Oso Creek was postponed.
Mayor Garrett referred to Item 23 regarding the Downtown Management District (DMD)
Annual Report. Norma Urban, President of the Downtown Management District, referred to a
powerpoint presentation including a representation of taxing property owners; the petition agreement;
a map of the boundaries of the DMD; the City's investment to DMD; the DMD's investment to the
City; trash pickup; landscaping and the tree planting project; oak tree electrical/maintenance; the
Sidewalk Partnership Grant with property owners; pictures of downtown activities and Adopt
Downtown; marketing inserts; vacant building; pictures of new downtown development; and a listing
of new businesses.
Council members asked questions regarding trash pickup; the Ritz Theatre; the appraised
values for vacant dormant buildings; and possible future development.
*************
Mayor Garrett opened discussion on Item 24 regarding an Interlocal Agreement for 2007-
2008 with the Downtown Management District. Assistant City Manager Oscar Martinez provided a
review of the terms of the contract including increased appropriations; performance expectations;
and renewal options.
Council Member Marez asked questions regarding the renewal options of the agreement.
Assistant City Manager Martinez answered that the renewal option were contingent upon the budget
and performance measures.
Abel Alonzo, 1701 Thames, thanked the Council for their continued support of the downtown
area and congratulated Eloy Salazar as the new chair. City Secretary Chapa polled the Council for
their votes as follows:
24. MOTION NO. 2007-213
Motion authorizing the City Manager or his designee to enter into an Interlocal Agreement
between the City of Corpus Christi and the Corpus Christi Downtown Management District
(DMD) for 2007-2008 and to provide an extension of the agreement, at the option of the City
Council, for up to two additional one-year terms contingent upon annual appropriation of
funds.
The foregoing motion was passed and approved with the following vote: Garrett, Cooper,
Elizondo, Hummel!, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye".
Minutes — Regular Council Meeting
August 21, 2007 — Page 12
Mayor Garrett opened discussion on Item 27 regarding the consideration of participation in
the City of Ingleside Local Redevelopment Authority (LRA). City Manager Noe announced that this
item was brought forth by the Council.
Stella Herrmann, Mayor Pro -Tem for the City of Ingleside, spoke regarding the formation of
the LRA, previous attempts to establish an LRA, the effects to the region, and the representation.
Ms. Herrman invited the City to participate in the LRA.
Sandy Ridgley, President of the Ingleside Chamber of Commerce, spoke regarding the
previous LRA's that had not been recognized.
Willie Vaden, Council Member for the City of Ingleside, spoke regarding the location of the
property, redevelopment, and the composition of the LRA membership.
Terry Carter, CEO of the Corpus Christi Chamber of Commerce, spoke regarding the port's
reversionary clause and the chamber involvement in the original LRA.
Council members asked questions regarding the summary of the LRA basics; the Office of
Economic Adjustment (OEA); the OEA project manager for Naval Station -Ingleside; if there were
earlier attempts to form a LRA; if there is a deadline for forming an LRA; the type of funding that can
be secured; whether the LRA can be formed if the City and the County don't participate; the value
should the City participate; the origination of the "Organizing the BRAC" document; the reasons the
LRA continues to change; the port's property and reversionary rights; the acres involved in the LRA;
whether the City of Ingleside and San Patricio County could solely form the LRA; if the community
representatives would adequately represent the City; if the City invested in Naval Station -Ingleside; a
loss of funds if the City does not participate; OEA funding to reimburse planning efforts; whether the
navy could sell the acres if the LRA is not formed; if NAS -Ingleside could be developed without the
need of infrastructure investment; the timeline for participation; the reasons previous LRAs were
rejected by the Department of Defense; the proximity of the land to the port's property; representation
for previous attempts; the number of acres above water; any intention to plan for the redevelopment
of the port's property; why the chamber of commerce was included in the original LRA; private
representation; the terms and length of service for representatives; and Nueces County's
representation.
Abel Alonzo, 1701 Thames, asked the Council to do the right thing for the community.
Dr. McCutchon made a motion to have the City participate in the City of Ingleside Local
Redevelopment Authority (LRA). The motion was seconded by Ms. Leal. City Secretary Chapa
polled the Council for their votes as follows:
27.a. MOTION NO. 2007-214
Motion to participate in the City of Ingleside Local Redevelopment Authority (LRA).
The foregoing motion was passed and approved with the following vote: Elizondo, Hummel!,
Leal, McCutchon, and Marez, voting "Aye"; Garrett, Cooper, Kelly, and Martinez, voting "No".
A motion was made by Mr. Kelly to nominate Henry Garrett and Nelda Martinez to serve as
representatives to the City of Ingleside Local Redevelopment Authority. Ms. Martinez
withdrew her name from consideration.
Minutes — Regular Council Meeting
August 21, 2007 — Page 13
A motion was made by Mr. Marez to nominate Henry Garrett and Mike Hummel) to serve as
representative to the City of Ingleside Local Redevelopment Authority (LRA). The motion
was seconded by Mr. Elizondo. City Secretary Chapa polled the Council for their votes as
follows:
27.b. MOTION NO. 2007-215
Motion to appoint Mayor Henry Garrett and Council Member Mike Hummel) to serve as
representatives for the City of Corpus Christi on the City of Ingleside Local Redevelopment
Authority (LRA).
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 28 regarding the New Southside Library. Angel
Escobar, Director of Engineering, presented this item and said staff recommended that the
construction contract be awarded to The DLP Group, Inc. for the Base Bid and Alternate Nos. 1, 2, 3,
4 and 10. There were no comments from the audience. City Secretary Chapa polled the Council for
their votes as follows:
28.a. ORDINANCE NO. 027373
Ordinance appropriating $152,485.25 from the unappropriated interest earnings in the Library
2005 Capital Improvement Program Fund 3224 and transferring into Library 2005 Capital
Improvement Program Fund 3224; appropriating $52,880.38 from the unappropriated interest
earnings in the Library 2007A Capital Improvement Program Fund 3225 and transferring into
Library 2007A Capital Improvement Program Fund 3225 for the new Southside Library;
changing Capital Budget FY 2006-2007 adopted by Ordinance No. 026997 by increasing
appropriations by $205,365.63.
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".
28.b. MOTION NO. 2007-216
Motion authorizing the City Manager or his designee to execute a construction contract with
The DLP Group, Inc., of Corpus Christi, Texas in the amount of $2,910,550 for the New
Southside Library for the Base Bid and Alternate Nos. 1, 2, 3, 4, and 10. (BOND ISSUE
2004)
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 29 regarding Master Channel 27 Drainage Project.
Director of Engineering Angel Escobar explained that the City appraised the parcels needed from
the landowners and due to an extreme difference in value, city staff has reached an impasse in
negotiations for Parcels 5A through C. Mr. Escobar added that the offer is still pending and staff is
asking for permission to go through condemdation to get the property within the next six weeks.
There were no comments from the audience. City Secretary Chapa polled the Council for their votes
Minutes — Regular Council Meeting
August 21, 2007 — Page 14
as follows:
29. RESOLUTION NO. 027374
Resolution determining a public necessity to acquire fee simple title to the surface estate only
for a storm water drainage project, known as the Master Channel 27 Drainage Project, on
five tracts of land known as Parcels 5A, 5B, 6A, 6B, and 6C; and for a related Drainage and
Utility Easement known as Parcel 5C; together with two related Temporary Construction
Easements; all out of Lots 22, 23, and 24, Section 20, Flour Bluff and Encinal Farm and
Garden Tracts; from the owners, Diaz Capital Partnership Ltd. and Nabil Emilady, Trustee;
for the public purpose and use as a storm water drainage channel and for other related
purposes; and authorizing the City Manager and the City Attorney to acquire the subject
parcels by means of the City's power of eminent domain.
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 30 regarding the graffiti ordinance. Police Chief
Bryan Smith provided a review of the amendments to the graffiti ordinance including reducing waiting
period from 30 days to 7 days; presumed consent after 7 days; not charging property owners unless
the owner contests; and a eradication program. Chief Smith provided examples of cases solved
through the enforcement effort. He added that the graffiti ordinance sets up a process by which
graffiti is report and documented for the purposes of later prosecution.
In response to Council Member Marez, Chief Smith said that the efforts made regarding
surveillance include the use of cameras, covert surveillance, and proactive patrol. There were no
comments from the audience. City Secretary Chapa polled the Council for their votes as follows:
30. FIRST READING ORDINANCE
First Reading Ordinance - Amending Chapter 33, Article VI. Graffiti Control, of the City Code
of Ordinances by revising the provisions regarding notice requirements, the hearing process,
eradication efforts and providing for liens; providing for publication; providing for penalties;
and providing for an effective date.
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".
Mayor Garrett opened discussion on Item 31 regarding amending Chapter 14, Development
Services Fees. Interim Director of Development Services Debbie Marroquin explained that the
amendment included a 3.8% increase to lot fees, acreage, prorata fees; surcharge fees, and tap
fees based on the construction index.
Council members asked questions regarding a comparison of the fees with other cities of
similar size; impact fees; and outside city limit fees. There were no comments from the audience.
City Secretary Chapa polled the Council for their votes as follows:
31. FIRST READING ORDINANCE
Amending Chapter 14 "Development Services," Article XIII "Development Services Fees,"
Division 4 "Platting Ordinance Fees," Section 14-1341 "Platting Ordinance Fees," and
Minutes — Regular Council Meeting
August 21, 2007 — Page 15
Chapter 55 "Utilities," Article V "Taps and Connections," Section 55-70 "Adoption of Rules,
Regulations, and Water and Gas Fees," and Section 55-71 "Sewer Tapping Fees" of the
Code of Ordinances, City of Corpus Christi, to increase or establish fees related to Platting
fees and Tap fees.
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".
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Mayor Garrett called for Council concerns and reports. Council Member Cooper asked
questions regarding the extended construction of a drain on Everhart Road between South Padre
Island Drive and Holly Road. Ms. Cooper announced that she and Mr. Elizondo are planning a town
hall meeting for September 17th based on the school's availability.
Council Member Marez asked that the biographical forms of perspective candidates for the
City's boards and commissions be purged to determine if applicants are still interested.
Council Member Hummell reported a sinking pothole on Carancahua Street in front of the
Wilson Building. Mr. Hummell spoke regarding modifying the language of permits for street closures.
Council Member Elizondo thanked Fire Chief Richard Hooks and Police Chief Bryan Smith for
their assistance with the Miller High School Firefighter Academy.
Council Member McCutchon wished his daughter a happy birthday.
Council Member Martinez reported on sewer conditions at 218 Chandler Lane. Ms. Martinez
asked for an update on the construction of the third pump station to be located in the area of the
Museum of Science and History. She also asked for an update on the sargassam removal at the
beach.
Council Member Leal asked if a test could be conducted to determine if wastewater could be
diverted from the Broadway Treatment Plant to the Greenwood Plant. Ms. Leal asked that the
presentation on the 78415 program be presented as scheduled on the August 28th meeting. She
also thanked the firefighters from Fire Station No. 1 for providing her with medical treatment.
Mayor Garrett asked questions regarding the cleaning of trash along the seawall on Shoreline
Boulevard. Mayor Garrett thanked City Manager Noe, Emergency Management Coordinator Randy
Sijansky and Fire Chief Hooks for their preparedness for the possibility of Hurricane Dean.
There being no further business to come before the Council, Mayor Garrett adjourned the
Council meeting at 6:47 p.m. on August 21, 2007.
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