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HomeMy WebLinkAboutMinutes City Council - 09/25/20071 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 September 25, 200 7, which were approved by the City Council on October 9, 2007. WITNESSETH MY HAND AND SEAL, on this the 9th day of October, 200 7. Armando Chapa City Secretary SEAL MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting September 25, 2007 - 10:00 a.m. PRESENT Mayor Henry Garrett Mayor Pro Tem Mike Hummell 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 Chaplain Lynne Blacklerwith Christusspohn Memorial and the Pledge of Allegiance to the United States flag was led by Council MemberJohn Marez. Mayor Garrett called for approval of the minutes of the regular Council meeting of September 18, 2007. A motion was made and passed to approve the minutes utes as presented. * * * * * * * * * * * * Mayor Garrett referred to Item 2 and the following board appointments were made: Commission on Children and Youth Amanda Stukenberg (Reappointed) J.D. Villarreal (Appointed) Fran Willms (Appointed) * * * * * * * * * * * * Mayor Garrett called for consideration of the consent agenda (Items 3 - . There were no comments from the public. Council members requested that Items 6 and 7 be pulled for individual consideration. City Secretary Chapa polled the Council for their votes as follows: 3.a. RESOLUTION NO. 027425 Resolution authorizing the City Manager or his designee to accept a grant of $22,500 from the Texas Department of State Health Services to provide laboratory services for the analysis of bay water samples 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". 3.b. ORDINANCE NO. 027426 Ordinance appropriating a grant of $22,500 from the Texas Department of State Health Services in the No. 1066 Health Grants fund to provide laboratory services for the analysis of bay water samples. Minutes — Regular Council Meeting September 25, 2007 -- Page 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". 4.a. RESOLUTION NO. 027427 Resolution authorizing the City Manager or his designee to accept a grant of $241,637 from the Texas Department of State Health Services to provide an immunization program for children, adolescents, and adults, with special emphasis on children two years of age or younger, 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". 4.b. ORDINANCE NO. 027428 Ordinance appropriating a grant of $241,637 from the Texas Department of State Health Services in the No. 1066 Health Grants Fund to provide an immunization program for children, adolescents, and adults, with special emphasis on children two years of age or younger. 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". 5.a. RESOLUTION NO. 027429 Resolution authorizing the City Manager or his designee to accept a grant of $202,923 from the Texas Department of State Health Services to provide essential public health services 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". 5.b. ORDINANCE NO. 02 430 Ordinance appropriating a grant of $202,923 from the Texas Department of State Health Services in the No. 1066 Health Grants Fund to provide essential public health services. 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 6 regarding concession services at Gabe Lozano Sr. Golf Course and Oso Beach Municipal Golf Course. In response to Council Members, Director of Park and Recreation Sally Gavlik said that the request for monthly payments strictly on a percentage of gross receipts was because of low revenues due to the lack of golfers. City Secretary Chapa polled the Council for their votes as follows: Minutes — Regular Council Meeting September 25, 2007 — Page 3 6. ORDINANCE NO. 027431 Ordinance authorizing the City Manager or his designee to execute a seven-month Lease with George Edwards, d.b.a. G. Edwards Enterprises ("Lessee"), to provide concession services at Gabe Lozano Sr. Golf Center and Oso Beach Municipal Golf Course in exchange for monthly payment of 13% of lessee's gross receipts. 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 7 regarding the O.N. Stevens Water Treatment Plant. Council Member Hummell asked whether the original pumps should be replaced instead of refurbished. Director of Engineering Angel Escobar said refurbishmentisurrentlybeing conducted to make the pumps and motors perform to their optimum and said eventually the pumps will be replaced. City Secretary Chapa polled the Council for their votes as follows: 7. MOTION N. 2007-250 Motion authorizing the City Manager or his designee to execute a construction contract with Excel Pump and Machine, Inc., of Corpus Christi, Texas in the amount of $324,708 for 0.N. Stevens Water Treatment Plant High Service Nos. 5 and 6 Pump and Motor Assembly Rehabilitation FY 2007. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, M Cut hon, Marez, and Martinez, voting `Aye". Mayor Garrett referred to Item 8, and a motion was made, seconded and passed to open the following public hearing: 8.a. Public hearing regarding South Guth Park land transfer to Texas A & M University— Corpus Christi for university expansion. City Attorney Mary Kay Fischer explained that the public hearing is required pursuant to the Parks and Wildlife Code to allow the public to provide comments related to change in the use of the park land. Dr. Flavius Killebrew, President of Texas A & M University — Corpus Christi provided a brief presentation regarding the expansion; the need for land in proximity to the university; the South Guth site; and the economic impact to the City. Mayor Garrett called for comments from the audience. Bill Kopecky, 3609 Topeka, spoke regarding the wording of the resolution; consideration of the city identified ballpark area; and concurrence from the Texas A & M University System Board of Regents. Scott Elliff, 929 Driftwood Place, spoke in support of the expansion and the impact of the university to the school district. Johnny French 4417 Carlton St., spoke regarding the South Guth site, alternative sites, and the cost of closing Nile Street. Mr. French proposed that the City purchase alternative land to lease to the university at the current annual tax rate plus revenue. James Murray, 6709 Pharaoh Drive and President of the Pharaoh Valley Neighborhood Association, spoke regarding the neighborhood park, the verbal assurances from the university and the city, and the neighborhood's concerns. Minutes — Regular Council Meeting September 25, 2007 — Page Terry Puckett, 7206 Pharaoh Drive, expressed his concerns regarding student housing and related support facilities on the proposed site. Marsha Grace, 7206 Sandpiper Circle, spoke in opposition to the use of South Guth Park. Margaret Thorton, 6717 Pharaoh Drive, said she would like the university to expand, but not at the expense of Pharaoh Valley residents. Ms. Thorton expressed her concerns regarding site use and restrictions; traffic; the children's park replacement and requiring the TAMU System to share in the costsforthe replacement of fields. Sharon Yawn, 4600 Ocean Drive, provided her personal experiences as a university student and expressed her support of the expansion. Terry Carter, President Corpus Christi Chamber of Commerce, spoke in favor of the university expansion and the impact to the City. Sean Murphy, 7722 Cedar Creek Circle, spoke in support of the expansion, the opportunities for students; and the economic impact. Bob Batterson, 7114 Pharaoh Drive, spoke regarding the lack of a feasibility study and suggested wording for the resolution to include homeowner participation. Ruben Bonilla, Port of Corpus Christi Authority, spoke in supported of the expansion. Carolyn Moon, 4902 Calvin, spoke regarding student enrollment caps and suggested that the university provide reduced fees and tuition for students that graduate from Corpus Christi high schools. Abel Alonzo, 1701 Thames, spoke in support of the university and the expansion concept. Council members asked questions regarding the involvement of the Parks and Wildlife Department; requirements for the public hearing; the penalties for not following statutory procedures; the findings identified in the resolution; review of the determination that there is no feasible or prudent alternative; the classification of a satellite campus; the distance of the alternate ballpark from the current site; the amount of land and cost for the alternate ballpark; the planning that has occurred to minimize harm to South Guth Park; relocation site for the neighborhood park; whether the university is subject to noise pollution; and the controls the City has over development once the property is gifted. A brief discussion ensued regarding reasonable site standards and the university's ability to operate as a single campus unit. Mr. Elizondo made a motion to close the public hearing, seconded by Mr. Kelly. Mr. Chapa polled the Council for their votes as follows: .b. RESOLUTION NO. 027432 Resolution determining that there is no feasible and prudent alternative to the using of South Guth Park by the Texas A & M University System for the expansion of Texas A & M University - Corpus Christi campus and further determining that all reasonable planning has occurred to minimize harm to South Guth Park resulting from such use or taking. The foregoing resolution 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 13 regarding the implementation of dues check -off capabilities for non-public safety city employees. City Manager Noe announced that Item 13 was placed on the agenda by the direction of five council members and said the motion would allow the City Manager to implement a policy to enable dues check -off for non-public safety city employees. City Manager Noe added that the draft policies HR 35.0 Labor Organization Activities and HR 36.0 Payroll Deduction of Bona Fide Employees' Association Dues were provided in the City Manager's report. Minutes — Regular Council Meeting September 25, 2007 — Page 5 Council members asked questions regarding the options to determine the amount for payroll deduction; discontinuation of payroll deduction; if policies were in compliance with federal regulations; and whether employees can strike. Jesse Noyola, 4421 Bluefield, said there were changes in the draft that the association did not agree upon regarding the dollar amount to be paid by City employees and the discontinuation of payroll deduction. Mayor Garrett asked City Manager Noe to meet with Mr. Noyola to discuss the differences with the policy. Mayor Garrett called for a brief recess to read proclamations and listen to public comment. **t********** Mayor Garrett called for petitions from the audience. Maureen C. Brooks, 1421 N. Street, spoke regarding the growth and development of residential areas. Gloria McChester, 1222 Van Loan, spoke regarding noise in the Hillcrest community. Tammy Castillo, 5841 Sky Lark, spoke regarding the safety of the water and the noise from cars and refineries. Bob Allegro thanked the Council for their time and spoke regarding a proposal for a memorial project at Whitecap Beach. * * * * * * * * * * * * * Mayor Garrett returned to Item 13 regarding the implementation of dues check -off capabilities for non-public safety city employees. City Manager Noe said that he met with Mr. Noyola both parties were in agreement with the compliance of policies and changing HR 36.0, Section V., 2.(f), by deleting the term dollar. City Secretary Chapa polled the Council for their votes as follows: 13. MOTION NO. 200 7-251 Motion directing the City Manager to implement dues check -off capabilities for non-public safety city employees. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Kelly, Leal, Mare, and Martinez, voting "Aye"; Hummel! and McCutchon voting "No". ■ Mayor Garrett opened discussion on Item 12 regarding the noise ordinance. City Manager Noe said staff has provided a substitute ordinance for consideration. Police Chief Bryan Smith provided a brief overview of the noise ordinance including the creation of an entertainment district; allowable ranges for noise measured in decibels generated and received during certain time periods; and exceptions to the ordinance. Council members asked questions regarding whether Cole Park was included in the entertainment district; enforcement for unacceptable use of vulgar language; noise from vehicles; decibel levels in Austin; provisions for repeat offenders; if other cities have noise issues; whether the ordinance is accepted by the music venues; the exceptions of musical instruments for school bands; mitigation of sound; monitoring of enforcement standards; how to determine decibel levels and where someone can purchase a monitoring device; notification for individuals moving into the entertainment district; whether Concrete Street has experimented with reducing sound levels; and the frequency of concerts at Concrete Street. Mayor Garrett called for comments from the audience. Carolyn Moon, 4902 Calvin, said the noise ordinance is a good idea and proposed the idea of planting cedar trees between Concrete Street and the neighborhood. Bill Stalter, 3445 Floyd, expressed concerns for existing facilities and Minutes — Regular Council Meeting September 25, 2007 — Page measurement limits. Joan Reith, 5701 Cain Drive, thanked Chief Smith and staff for working on the noise problem and spoke regarding the sound from boom boxes in vehicles. Henry Williams, 2422 Summer Street, expressed concern for residents in the northside area and spoke regarding the problems with vulgarity and noise. He encouraged the Council to seek to protect the people and look out for the best interest for those in the community. Randy Newman, 1001 Blucher Street, spoke regarding the decibel levels in the entertainment district. Maureen Brooks, 1421 N. Alameda, expressed concern for the children near Concrete Street because of foul language and loss of hearing due to noise exposure. Sid Gardner, 1634 Boisdarc Place, thanked representatives for working to find a reasonable solution to the noise. Errol Summerlin, Texas Rio Grande Legal Aid and representative for the Hillcrest Residents Association, said that Concrete Street moved into the neighborhood and did not make the people aware of their plans. Mr. Summerlin also spoke regarding the entertainment district and enforcement. Bill Durrill, 210 Del Mar, spoke regarding the decibel limitations for Concrete Street; the proposed entertainment district; and noise mitigation efforts to redirect sound from the Hillcrest neighborhood. Mr. Durrill said Concrete Street would look closer at the types of acts that are booked to prevent the use of foul language and will provide internal warning. In response to Council Member McCutchon, Henry Williams said the neighborhood could compromise where sound is concerned but not regarding vulgar or obscene language. Daniel Pena, 2813 Holgreen, spoke regarding the decibel volume at Concrete Street and enforcement. Tracey Smith, 211 N. Chorizo, spoke regarding the compromise for the noise ordinance but stated she was not aware of the 85 decibel level extended to the entertainment zone. Mark Schaber, Director of Concrete Street, spoke regarding the designation of the entertainment district, the qualities and economic impact of Concrete Street, guidelines for enforcement; the base line noise levels in different areas in the city; and their review of standard needs and how it affects the neighborhood and business. Joel Mumphord, 6212 Hidden Cove, spoke regarding a time limit for decibel readings in the entertainment district and the layout of Concrete Street. Mr. Mumphord said he does not support a compromise. Tommy Douglas asked for a clarification of the decibel levels in residential areas and thanked the Council and staff for striving to bring peace and joy back to the Hillcrest neighborhood. James Dailay, 1519 Peabody Street, said he was concerned for the elderly people in the community and the use of vulgar language. Abel Alonzo, 1701 Thames, thanked council members for their support of the northside area and said the noise ordinance will be a work in progress. Tim Browley, 374 Meldo Park, spoke in support of the noise ordinance and asked staff to consider one-time special permit fees for outside venues. John Kelly, 413 Waco, asked the Council to consider the children in the neighbor and said the compromise on the noise ordinance is unenforceable. Mr. Kelly made a motion to substitute the ordinance, seconded by Mr. Marez and passed. City Secretary Chapa polled the Council for their votes as follows: 12. FIRST READING ORDINANCE Amending the Code of Ordinances Chapter 31 Noise, by repealing the existing chapter and adopting a new Chapter 31 Noise; providing for publication; and providing for penalties. The foregoing ordinance was passed and approved on its first reading with the following vote: Garrett, Cooper, Elizondo, Hummel', Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye". Minutes — Regular Council Meeting September 25, 2007 — Page 7 * * * * * * * * * * * * * City Manager Noe announced that Item 10 would be rescheduled and Item 11 will be provided in a written report. Mayor Garrett referred to Item 9 regarding the Broadway Wastewater Treatment Plant Diversion Status. Director of Engineering Angel Escobar introduced the presentation team: Assistant City Manager Ron Massey; Director of Wastewater Foster Crowell; and consultants Govind Nadkarni, Dan Leyendecker and Mark Maroney. Mr. Escobar referred to a powerpoint presentation on the history of Council Directives from March 18, 1997 to August 21, 2007 including the 1997 Oso -Greenwood Implementation Plan, amending the 1997 plan to consider construction of a new plant at the Broadway Site or in the Industrial Area along the Ship Channel; a schematic of Broadway to Greenwood Transfer; a diversion comparison; sites selected for the new plant in the Industrial Area; recommendations from the Hillcrest Area Residents; the evaluation of new potential plant sites; overall site location map; sites eliminated after preliminary screening from detail evaluation; resultant evaluation site location maps for Sites 2A, 3, 4, 5, 6, 7, 8, and 12; a chart of construction for sites; directive to proceed with preliminary negotiations with Flint Hills and Citgo; a list of scheduled meetings; Citgo/Flint Hills cost evaluation and site matrix; directive to purchase Flint Hills Tank Farm Site; recent activity; and council's request to review and compare costs of constructing Citgo Site (Site 3), Flint Hills Site (Site 4); existing Broadway Site (Site 12); and diversion to Greenwood (Site 13). Council members asked questions regarding the plant that handles waste north of the Ship Channel; if flow can be reversed if plant is built north of the Ship Channel; the number of acres needed for the plant; the depth of the 16 inch pipes under the Port; the location of the lines on the Ship Channel; the possibility of borrowing land for rebuilding Broadway Plant; the easement needed and cost to make the buffer at Broadway Plant; estimated life of the current system; the reasons for the higher costs to build the Greenwood plant; elevation costs for the Greenwood property; the odor impact at Greenwood; whether Sites 3, 4 or 12 would increase effluent into the Ship Channel; the odor impact of Sites 3, 4 or 12 compared to existing plant; health issues for northside residents; discharge from treatment plants; the twin force main cost comparison; the original cost for diversion; the construction costs for Sites 12 and 13; staffs recommendation; communication with Flint Hills; the northside residents' response to Flint Hills site; the problems with creating a new facility on existing site; consideration of increased costs for maintenance and repairs at Broadway; use of existing equipment at Broadway; reasons for running two twin force mains; the residential areas in proximity to the Citgo site; and the consideration of biological treatment. Council Member Martinez asked staff to provide the rating scores for the site selection matrix for the existing expansion of the Broadway plant and the Greenwood site. Council Member Marez asked staff to consider providing the matrix at an even based scale. Council Member Hummell asked staff to provide an analysis to determine the number of families occupying homes and their proximity to the Citgo site versus the current Broadway site. Council Member M Cut hon asked staff to provide information for the potential of constructing an environmentally friendly treatment plant. Henry Williams, 2422 Summer, stated that the Hillcrest residents feel that the Citgo site is too close to the residential area. In response to Council Member Hummell, Mr. Williams said the residents do not have a problem with the Broadway plant because it has existed for years in that location. Errol Summerlin, representative for the Hillcrest area, said the Hillcrest Neighborhood Association's position is to protect the neighborhoods bounded by Nueces Bay Boulevard and the Harbor Bridge. * * * * * * * * * * * * * Minutes — Regular Council Meeting September 25, 2007 — Page Mayor Garrett called for the City Manager's report. City Manager Noe announced the Capital Improvement Program workshop is scheduled for October 16th at 8:00 am. Mayor Garrett called for Council concerns and reports. Council Member Cooper asked for an update on the implementation of the WiFi project. Ms. Cooper announced the next town hall meeting is scheduled for October 15th at Montclair Elementary School at 6:00 p.m. Council Member Leal asked for ars update on the status of the O.N. Stevens Water Treatment Plant Chlorine Evaporator Replacement Project. Ms. Leal thanked Roland Garza for his working to provide dues check -off for city employees and thanked the Council for giving city employees the choice for representation. Ms. Leal also thanked staff for fixing the potholes at the T - Heads and all city employees for their work. Council Member Hummell said there is a church interested in acquiring a cul-de-sac on Crane Street at Gollihar and Carroll Lane. He asked staff to determine if the city has any use for that area. Mr. Hummel) asked questions regarding alternate options for pursuing the project at London Club Estates. Council Member McCutchon asked staff if the developer for the London Club Estates project has considered placing a loop in the system. Deputy Director of Development Services Johnny Perales said they have not discussed this option with the developer. Council Member Martinez requested a history of disbursements for the trust funds. There being no further business to come before the Council, Mayor Garrett adjourned the Council meeting at 4:50 p.m. on September 25, 2007.