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HomeMy WebLinkAboutMinutes City Council - 10/23/20071 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 October 23, 2007, which were approved by the City Council on October 30, 2007. WITNESSETH MY HAND AND SEAL, on this the 30th day of October, 2007. Armando Chapa City Secretary SEAL MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting October 23, 2007 - 10:00 a.m. PRESENT Mayor Henry Garrett Mayor Pro Tem Mike H u m m e l l Council Members: Melody Cooper* Larry Elizondo, Sr. Bill Kel ly** Priscilla Leal Michael McCutchon John Mare *** Nelda Martinez *arrived at 10.'03 a.m. **arrived at 10.'21 a.m. ***arrived at 10:54 a. m. City Staff: City Manager George K. Noe City Attorney Mary Kay Fischer City Secretary Armando Chapa Mayor Garrett called the meeting to order in the Council Chambers of City Hall. The invocation was delivered by Reverend David Saenz with Christus Spohn Memorial and the Pledge of Allegiance to the United States flag was led by Council Member Michael McCutchon. Mayor Garrett called for approval of the minutes of October 16, 2007. A motion was made and passed to approve the minutes as presented. Mayor Garrett called for consideration of the consent agenda (Items 3 - 5). There were no comments from the public. Council member Leal requested that Item 4 be pulled for individual consideration. City Secretary Chapa polled the Council for their votes as follows: 3.a. RESOLUTION N N . 027454 Resolution authorizing the City Manager or his designee to accept a grant from the State of Texas, Office of Governor, Criminal Justice Division in the amount of $10,772.77 for the Juvenile Accountability Incentive Block Grant Program for an Anti -Shoplifting Education Program for the Municipal Juvenile Court to reduce juvenile delinquency, improve the juvenile justice system, and increase accountability of juvenile offenders, with a City match of $1,196.97 in the No. 1020 General Fund, and a total project cost of $11,969.74. The foregoing resolution was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummel!, Leal, McCutchon, and Martinez, voting "Aye"; Kelly and Marez were absent. 3.b. ORDINANCE ORDINANCE_NO. 027455 Ordinance appropriating $10,772.77 from the State of Texas, Office of the Governor, Criminal Justice Division, in the No. 1061 Police Grants Fund for eligible funding under the Juvenile Accountability Incentive Block Grant Program for an Anti -Shoplifting Education Program for the Municipal Juvenile Court to reduce juvenile delinquency, improve the Minutes — Regular Council Meeting October 23, 2007 — Page 2 juvenile justice system, and increase accountability of juvenile offenders, transferring $1,196.97 from the No. 1020 General Fund and appropriating it in the No. 1061 Police Grants Fund as grant matching funds; appropriating $5,500 of estimated program income in the No. 1061 Police Grants Fund. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Leal, McCutchon, and Martinez, voting "Aye"; Kelly and Marez were absent. 5.a. MOTION NO. 2007-274 Motion authorizing the City Manager or his designee to extend Oracle Database Enterprise Edition software update and product support from Oracle USA, Inc., of Reston, Virginia in the amount of $56,435.64 for the twelve month period beginning November 23, 2007. Oracle USA, Inc. is an approved Texas Department of Information Resources vendor. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummel', Leal, McCutchon, and Martinez, voting "Aye"; Kelly and Marez were absent. 5.b. MOTION N . 2007-275 Motion authorizing the City Manager or his designee to extend Oracle Real Application Clusters software update and product support from Oracle USA, Inc., of Reston, Virginia in the amount of $59,936.61 for the twelve month period beginning January 7, 2008. Oracle USA, Inc. is an approved Texas Department of Information Resources vendor. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Leal, McCutchon, and Martinez, voting `Aye"; Kelly and Marez were absent. 5.c. MOTION NO. 2007-276 Motion authorizing the City Manager or his designee to approve purchase of continued annual maintenance costs from Oracle USA, Inc., of Reston, Virginia for software updates and product support of the Oracle Database Enterprise Edition software subject to annual appropriation of funds based on sole source. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummel!, Leal, McCutchon, and Martinez, voting "Aye"; Kelly and Marez were absent. 5.d. MOTION NO. 2007-277 Motion authorizing the City Manager or his designee to approve purchase of continued annual maintenance costs from Oracle USA, Inc., of Reston, Virginia for Oracle Real Application Clusters software updates and product support 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, Leal, McCutchon, and Martinez, voting "Aye"; Kelly and Marez were absent. Minutes — Regular Council Meeting October 23, 2007 — Page 3 Mayor Garrett opened discussion on item 4 amending the FY2007-2008 Operating Budget. Council Member Leal asked questions regarding the EMS director. Fire Chief Richard Hooks said the EMS director was previously a civilian position and has been realigned under thdirection of the Assistant Chief of Operations. In response to Mr. Hummell, City Manager Noe said the only change to the budget was the number of positions, not dollar amounts. City Secretary Chapa polled the Council fir their votes as follows: 4. ORDINANCE NO, 027456 Ordinance amending Ordinance No. 027352, which adopted the FY 2007-2008 Operating Budget, to increase the number of Fire Captain positions from 78 to 79. An emergency was declared, and the forgoing ordinance was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummel!, Leal, M Cutch n, and Martinez, voting "Aye"; Kelly and Marez were absent. * 7 7 7 7 7 7 7 7 7 7 7 C Mayor Garrett referred to Item 6, and a motion was made, seconded and passed to open the following public hearing: 6. Public Hearing to amend the City's Comprehensive Plan by adopting the Wastewater Collection System Master Plan South of Oso Creek. Dan Lyndkr, LNV Engineering, referred to a powerpoint presentation including the South of Oso Creek service area; size of the service areas for th s basin, Greenwood basin and South of Oso Creek; the basis of the master plan; the adopted future land use map; a map of the master plan for South of Oso Creek; the master plan objectives; and the approval schedule. John Kelley, 413 Waco, suggested the Council revisit the issue of creating a Metropolitan Utility District or tertiary treatment as opposed to extending wastewater South of the Oso Creek. Council Members asked questions regarding the legend on the maps; lift stations in the area South of Oso Creek; the plan for approval; financing; service area for South of the Oso; current wastewater treatment at the Greenwood plant; plans to expand Greenwood; whether the Oso plant can be expanded; and the land area for Greenwood. Mr. Elizondo made a motion to close the public hearing, seconded by Ms. Leal, and passed. Mayor Garrett referred to item 14, a presentation regarding the final report by the City Council Ad Hoc Committee on Water Issues. Mayor Garrett announced that the independent investigation was complete and ready for distribution to the public. Mayor Garrett said the investigation addressed the issues raised by TCEQ; structural and operational issues; and identified ways to improve the water system. Council members asked questions regarding the major factors of the investigation; the notification from the lab to TCEQ; whether the head of the laboratory is classified as a supervisor; review of the second positive results by the lab supervisor; monitoring of the water system 24 hours/7 days a week; status of the hiring of a water director; the consultant's involvement with the first positive; discussions with the consultants; and development of a policy manual for the water department. Minute — Regular Council Meeting October 23, 2007 — Page Mayor Garrett thanked Ed Motley with CP&Y, Investigator Mike Trimyer, and Director of Engineering Angel Escobar for their job with the investigation. Mr. Escobar provided a brief review of the response to the 13 TCEQ violations. Interim Water Director Gustavo Gonzalez referred to a p werp int presentation of the procedures initiated since August 2007 including water quality; system reliability; customer services; and personnel. Council members asked questions regarding how much water the City will lose by flushing monthly; testing of each dead-end main to determine if the water quality requires flushing; possible increases in rates for treating additional water; ordinance change to address dead ends; timeframe to flush dead-end mains; looping dead-end mains; environmental concerns; the number of gallons of water treated; projects being developed currently with dead-end mains; whether Corpus Christi is the only city with dead-end problems; policy manual and procedures; the reason for returning to chloraminated water; the status on the replacement of the chloramine units; precautionary measures to respond to (free chlorinate) maintenance burn, training for tehni ian ; and whether the site manager has the flexibility to give direction to contractors when needed. * * * * * * * * * * * * * Mayor Garrett referred to Item 2 and the following board appointment was made: Corpus Christi Regional Transportation Author Judy Telge (Appointed) * * * * * * * * * * * Mayor Garrett opened discussion on item 7 regarding the Corpus Christi Commercial Revitalization Local Strategic Plan. Director of Economic Development Irma Caballero introduced I lanti Cummins, Certified Public Accountant, and explained that Mr. Cummins assisted in the recruitment of businesses nominated for commercial revitalization deductions. Ms. Caballero provided an overview of the renewal community program including the outreach process; deadline for application; selection criteria for large and small projects; and the deadline to the Governor's office. Ms. Caballero added that the Council may vary, alter and/or waive the deadlines, selection criteria, selection priorities, and point values when such variances, alterations andr waive' is in the public interest. Council members asked questions regarding the plan creation applying to 2008 projects; the criteria for the 2007 projects; the qualification of financial resources; and whether any ofthe census tracts were located in District 3. Abel Alonzo, 1701 Thames, thanked staff for their work in assisting the business community to develop areas and create new jobs. Jesse Noyola, 4421 Bluefield, said this is a great program that will hopefully grow by 2010 to include census tracts in District 3. City Secretary Chapa polled the Council for their votes as follows: 7. RESOLUTION NO. 027457 Resolution adopting the Corpus Christi Commercial Revitalization Local Strategic Plan. The foregoing resolution was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye". Minute — Regular Council Meeting October 23, 2007 -- Page Mayor Garrett called for a brief recess to present proclamations and listen to public comment. Mayor Garrett called for petitions from the audience. Bill Maher, 7330 Sun valley, spoke regarding the sick individuals affected by the contamination by Agent Orange at the Corpus Christi Army Depot. Abel Alonzo, 1701 Thames, spoke regarding the appointment to the Regional Transportation Authority and provided his resignation as a member of the Committee for Persons with Disabilities. Mayor Garrett referred to Item 8, and a motion was made, seconded and passed to open the following public hearing: 8.a. Public hearing to consider and nominate applications to the Office of the Governor for Commercial Revitalization Deduction allocations. Director of Economic Development Irma Caballero provided an overview of the nominated projects for the 2007 Commercial ial Revitalization Deduction and the projects requesting binding commitments for 2008 and 2009. Council members asked questions regarding the location of the Turner project; whether the Council has previously approved binding commitments; whether the binding commitment for 2008 will secure all of the funding for that year; the number of applicants; how the amounts were decided; if the binding commitment needs to occur now; the timeframe for the 2006 process; the Old Nueces Building project; the deadline for 2009; the requirement for financing; implementation of the previously approved Commercial Revitalization Local Strategic Plan; the number of jobs created and wage scales; whether the Cotton Yard property is on the tax roll; the timeframe for the Adame project; the types of allocation; and how the tax credits are recognized. John Gola he ky, Turner Industries Group, L.L.C., responded to questions from Council Member Kelly regarding the development of the project; current zoning of the property; the reason the 1-3 zoning is required; the proximity of residential properties; whether the project can be done without the 1-3 zoning; uses for the property; the creation of jobs; and training programs for students. Andy Griffin, Project Manager for J. Golden Properties, provided a background of the company and the concept for the Metropolis Lofts. Joe Adame, Adame Group, LLC, spoke regarding the reasons for requesting the binding agreement for the tacredits and provided a brief presentation of the proposed development on The Cotton Yard project. John Kelley, 413 Waco, expressed support for the projects except the binding agreement with the Adame Group, LLC. Mr. Elizondo made a motion to close the public hearing, seconded by Ms. Cooper, and passed. Mr. Chapa polled the Council for their votes as follows: Minutes — Regular Council Meeting October 23, 2007 — Page 8.b. RESOLUTION ISO. 027458 Resolution nominating projects to the Office of the Governor for Renewal Community Commercial Revitalization Deductions (CRD). The foregoing resolution was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummel!, Kelly, Leal, McCut hon, Marez, and Martinez, voting "Aye". * * * * * * * * * * * * * Mayor Garrett opened discussion on Item 9 regarding an agreement with Nueces Hotel Holdings, L.P. Ms. Caballero explained that this item is a request for approval of the tax abatement for Nueces Hotel Holdings (Red Roof Inn) based on the tax abatement guidelines. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 9. RESOLUTION NO. 02745 Resolution authorizing the execution of an agreement with Nueces Hotel Holdings, L.P. (Red Roof Inn) providing for temporary property tax abatement. The foregoing resolution wapassed and approved with the foliowing vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye". Mayor Garrett opened discussion on Item 10 regarding the Infrastructure Financing Agreement beteen the City and Crosstown Commons. City Manager Noe referred to a powerpoint presentation including a background of the project; the master plan for the site; the 380 Agreement; completion thresholds; economic impacts} financing; and changes from the October 16tri draft. Mayor Garrett called for comments from the audience. Gail Hoffman, 3442 Paradise Drive, spoke in support of the project and the benefits to the City. David Loeb, 921 N. Chaparral, spoke in opposition of the project and subsidizing retail development. Terry Carter, President of the Corpus Christi Chamber of Commerce, asked the Council to take the time to review the agreement to make sure that it is not substantially different from the original proposal. Sam Beecroft, 1Ropes, spoke in support of the growth of the city and the economic benefits of the project. Miguel Carrano, 4325 Murphy Drive, spoke in support of Crosstown Commons and said the project is good for District 3. Susie Luna Saldana, 4710 Hake', thanked the developers for creating competition and asked the Council to vote in favor of the project. Joan Veith, 5701 Cain Drive, spoke in support of the project. Hal George, 5150 South Staples, expressed concerns regarding the language in the agreement. Dr. Nancy Vera, President of LULAC #4444, said there is public support for Crosstown Commons and development of the infrastructure. Louis Garza, 1818 Roddfield Road, thanked the Council and encouraged their support of the project. Joe Cisneros, President/CEO President/CEOof the Hispanic Chamber of Commerce, complimented City staff for identifying and researching the changes in the project and said the project would benefit the City in the future. Charles Kaffie, 2717 Ocean Drive, spoke in support of the project and the positive impact for the City. Abel Alonzo, 1701 Thames, spoke regarding the economic impact to the City. Reagan Brown, 5830 McArdle, said developers don't want to compete withthe City getting into the retail business and spoke in opposition to subsidizing the project. John Kelley, 413 Waco, spoke regarding the project concept plan and unfair competition. Jesse Noyola, 4421 Bluefield, said the document should include a guarantee of 1.5 million square feet of retail business and spoke Minutes — Regular Council Meeting October 23, 2007 — Page 7 regarding economic development. David Engel, 230 Amistad, thanked the Council for their patience through the process and spoke regarding the impact of development and the risk to the developers. John Bell, 13750 Primavera, said the project is a great opportunity for the community. J.E. O'Brien, 4130 Pompano, spoke in opposition to taxpayer dollars used to finance the project. Council members asked questions regarding the definition of opening; how the declaration of completion to 90% occupancy was inserted into the final draft; Texas Department of Transportation (TXDOT)reimbursement for Holly Road improvements; net new retail revenues; where lifestyle center is defined in the document; and if there were provisions should the project not generate net new revenues. A motion was made by Dr. McCutchon to amend the agreement to include the 15% relocation clause from any one multi -tenant facility. Motion failed for lack of second. A motion was made by Dr. McCutchon that if TXDOT does not repay the builders build out of Holly Road, that $.6 million be subtracted from off-site infrastructure reimbursement. The motion was seconded by Mr. Hummell. A brief discussion ensued. City Secretary Chapa polled the Council for their votes as follows: The motion failed with the following vote: Elizondo, Hummell, and McCutchon, voting "Aye"; Garrett, Cooper, Kelly, Leal, Marez, and Martinez, voting "No". A motion was made by Dr. McCutchon to shorten the completion period from 7 years to years. The motion failed for lack of second. A motion was made by Mr. Hummell to amend Section 3.03 B to reflect that if the developer exceeds the 30% relocation, the developer should not receive any reimbursement. The motion was seconded by Dr. McCutchon. City Secretary Chapa polled the Council for their votes as follows: The motion failed with the following vote: Elizondo, Hummell, and McCutchon, voting "Aye"; Garrett, Cooper, Kelly, Leal, Marez, and Martinez, voting "No". City Secretary Chapa polled the Council for their votes as follows: 10. MOTION N . 2007-278 Motion authorizing the execution of the Infrastructure Financing Agreement between the City of Corpus Christi (the City), Crosstown Commons, LLC (the Developer) and the Crosstown Commons Development Corporation (LGC) to allow the development of a lifestyle and power center to be known as "Crosstown Commons" (the Project). The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Kelly, Leal, Marez, and Martinez, voting "Aye"; Elizondo, Hummell, and McCutchon, voting "No". r Mayor Garrett opened discussion on Item 11 regarding the formation of the Crosstown Commons Development Corporation and its articles of incorporation and bylaws. City Manager Noe explained the resolution approves the creation of the corporation and the incorporation and bylaws with the Mayor and Council designated as the initial board of directors with a term that expires July 2008. There were no comments from the audience. Minutes — Regular Council Meeting October 23, 2007 — Page 8 In response to Council Member McCutchon, Assistant City Attorney Gary Smith said Council members are not required to serve on the board of directors. Dr. McCutchon expressed his desire not to serve on the corporation. A motion was made by Mr. Hammell to amend the articles of incorporation to remove Dr. McCutchon's name and reduce the number of directors to 8 members. The motion was seconded by Dr. McCutchon. City Secretary Chapa polled the Council for their votes as follows: The motion failed as follows: McCutchon voting "Aye"; Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, Marez, and Martinez, voting "No" City Secretary Chapa polled the Council for their votes as follows: 11. RESOLUTION N N . 027460 Resolution approving formation of Crosstown Commons Development Corporation and approving its articles of incorporation and bylaws. The foregoing resolution was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, Marez, and Martinez, voting "Aye''; McCutchon voting "No". Mayor Garrett referred to Item 12 regarding the Automated Meter Reading (AMR) Initiative — Year 3 Update. Assistant City Manager Oscar Martinez said that this is the third year of the five year project and introduced the project team of Assistant Director of Finance Michael Barrera, Chief Financial Officer Cindy O'Brien, and consultants Christopher Minton and Donald Abrew. Mr. Martinez provided a background of the AMR vision including reduction of meter reading costs; provide more accurate and timely meter information; enhance customer services capabilities; remove meter reading personnel from potential harmful and costly situations; and replacement of aging infrastructure system. Assistant Director of Finance Michael Barrera referred to a powerpoint presentation including the history of the AMR system; AMR project update; meter infrastructure; the budget review; ROI calculations; projected return on investment; and future actions. Council members asked questions regarding the FY2006-2007 projections; reliability of the system; safeguards; the original schedule for breakeven point; and whether the proposed project cost included WiFi implementation. Mayor Garrett referred to Item 13 regarding the Crime Control and Prevention District Quarterly Project Update. Police Chief Bryan Smith referred to a powerpoint presentation including the focus of core programs; changes for new revenues approved by the state legislature; graffiti removal; pawn shop detail; campus crime stoppers program year-to-date; and the juvenile assessment center. Mayor Garrett asked if any confidential records were remixed during the burglary at the juvenile court. Chief Smith said that electronics were stolen. Mayor Garrett asked Chief Smith to contact state representatives to consider reintroducing the requirement of thumbprints for pawnshops. In response to Council Member McCutchon, Chief Smith said that Crime Control funded 50 officers. Minutes — Regular Council Meeting October 23, 2007 — Page Mayor Garrett called for the City Manager's report. City Manager Noe announced the Council workshop schedule for October 30th at 8:00 a.m. There was a consensus from the Council to consider the request by Mayor Garrett to change the agenda procedure by placing the City Manager's report after the invocation and approval of the minutes. Mayor Garrett said Bruce Hammonds with the Air Condition Association called volunteering their services to assist the low income with gas service. Mayor Garrett called for Council concerns and reports. Council Member Martinez apologized to Tom Niskala for reporting incorrect information regarding the expansion of Holly Road. M. Martinez expressed concern regarding the allowable decibel levels during time periods at Concrete Street. M. Martinez reported a concern from the owner of Arrow Display Signs regarding a situation at the landfill. Council Member Hummell said he was impressed with the City's response time on removing an obstruction on Ocean Drive near Robert Drive early last Friday morning. Mr. Hummel' asked for a status on the alternate vehicle impound facility options and whether the current property could be fixed. Mr. Hummell asked staff to provide information regarding the reimbursement of two water lines located on each side of the Crosstown Extension. Council Member Leal apologized to Tom Niskala and TIT for misquoting information regarding the Williams Drive Street project. Ms. Leal thanked Los Lonely Boys and Willie Nelson for coming to Corpus Christi. M. Leal also thanked the Council, CBL & Associates, and staff for working for the passage of the Crosstown Commons project. M. Leal showed examples of place mats designed by Corpus Christi Independent School District students. Council Member Melody Cooper asked staff to explain the ramp reversals on South Padre Island Drive. Ms. Cooper thanked Assistant City Manager Ron Massey for his service to the City. Ms. Cooper said the next town hall meeting is tentatively scheduled for November 12th at Miller High School or a location in that area in conjunction with Council Member Kelly. There being no further business to come before the Council, Mayor Garrett adjourned the Council meeting at 4:35 p.m. on October 23, 2007.