HomeMy WebLinkAboutMinutes City Council - 11/13/20071 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 November 13, 200 7, which were approved by the
City Council on November 20, 2007.
WITNESSETH MY HAND AND SEAL, on this the loth day of November, 2007.
Armando Chapa
City Secretary
SEAL
INDEXED
MINUTES
CITY OF CORPUS CHRISTI, TEXAS
Regular Council Meeting
November 13, 2007 - 10:00 a.m.
PRESENT
Mayor Henry Garrett
Mayor Pro Tem Mike Hummel!
Council Members:
Melody Cooper
Larry Eli undo, Sr.
Bill Kelly
Priscilla Leal
Michael M Cut hon*
Nelda Martinez
ABSENT
John Marez
City Staff:
City Manager George K. Noe
City Attorney Mary Kay Fischer
City Secretary Armando Chapa
*arrived at 10:08 a. .
Mayor Garrett called the meeting to order in the Council Chambers of City Hall.
The invocation ation was delivered by Pastor Thomas McCrone with St. Mark's Lutheran Church
and the Pledge of Allegiance to the United States flag was led by Council Member Cooper.
Mayor Garrett called for approval of the minutes of the workshop and regular Council
meeting of October 30, 2007. A motion was made and passed to approve the minutes as
presented.
Mayor r Garratt referred to Item 2 and the following board appointments were made:
Ethics Commission
Rick Marcantonio (Reappointed)
Robert N. Corrigan (Reappointed)
Laura L. Hebert (Appointed)
Transportation Advisory Committee
Damien Lamont Holmes (Appointed)
Glenn R. Jones (Appointed)
Eloy Barrera Soza (Appointed)
Sister City_Committee
Melissa Melendez (Appointed)
Mayor Garrett called for the City Manager's report. City Manager Noe introduced the new
Airport Director Fernando Segundo. City Manager Noe announced that the Environmental Program
Department is being recreated from existing positions doing environmental work to provide for
quality assurance and quality control. Mr. Noe stated the Texas Municipal League is making
appointments to the legislative committees in January and asked Council to notify him if interested in
being a representative. Mr. Noe said the United States Bowling Congress is requesting
improvements to the American Bank Center should the City receive the bid for 2011. Mr. Noe
added that the improvements are probably necessary for the operation of the center and would
Minutes-. Regular Cun it Meeting
November 13, 2007 — Page 2
provide a memo outlining the requirements and funding options. Mr. Noe spoke regarding the
briefing of HB 621 and the proposed capital improvements program. He also announced that staff
will be participating with Habitat for Humanity on the completion of three houses for the Model Block
Program on December 1S` and December 8th.
** * * * * * * *
Mayor Garrett called for consideration of the consent agenda (Items 313). Mr. Abel Alonzo
and Mr. Joe Dees requested that Item 8 be pulled for individual consideration. Council members
requested that Items 3, 4, 5, and 7 be pulled for individual consideration. City Secretary Chapa
polled the Council for their votes as follows:
6. MOTION NO. 2007-287
Motion approving supply agreements with the following companies for the following amounts
for traffic sign faces and traffic sign blanks based on low bid in accordance with Bid
Invitation No. BI -0220-07 for an estimated annual expenditure of $111,295.50 of which
$74,197 is required in FY 2007-2008. The term of the agreements shall be fortwelve months
with option to extend for up to two additional twelve month periods, subject to the approval of
the suppliers and the City Manager or his designee. Funds have been budgeted by the
Street Department for FY 2007-2008.
Focal, Inc. Vulcan Signs
Frankfort OH Fly_AL
Group: 1 Group: 3
Grand Total: $111,295.50
The foregoing motion was passed and approved with the following vote: Garrett, Cooper,
Elizondo, Hummell, Kelly, Leal, McCutchon, and Martinez, voting "Aye"; Marez was absent.
9. MOTION NO. 2007-288
Motion approving the allocation of $54,8Q0 from the Hotel Occupancy Tax Fund and
$39604 from the General Fund to fund grant contracts with thirteen (13) Arts and Cultural
organizations for a totsl of eighteen (18) arts projects. Funding was authorized in the FY
2007-2008 budget.
The foregoing motion was passed and approved with the following vote: Garrett, Cooper,
Elizondo, Hummell, Kelly, Leal, McCutchon, and Martinez, voting "Aye"; Marez was absent,
10.a. RESOLUTION_ N __027473
Resolution authorizing the City Manager or his designee to accept a $724,026 grant
awarded by the Area Agency on Aging of the Coastal Bend for the FY 2007 Senior
Community Services, Elderly Nutrition Program in the No. 1067 Parks and Recreation
Grants Fund.
The foregoing resolution was passed and approved with the following vote: Garrett, Cooper,
Elizondo, Hummell, Kelly, Leal, McCutchon, and Martinez, voting "Aye"; Marez was absent.
Minute — Regular Council Meeting
November 13, 2007 -- Page 3
10.b. ORDINANCE NO. 027474
Ordinance appropriating a $724,020 grant from the Area Agency on Aging of the Coastal
Bend for the FY 2007 Senior Community Services, Elderly Nutrition Program in the No. 1067
Parks and Recreation Grants Fund.
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, and
Martinez, voting "Aye"; Marez was absent.
lI.a. MOTION NO. 2007-289
Motion authorizing the City Manager or his designee to extend the software maintenance
agreement for twelve (12) months with Infosol, Inc., of Bellaire, Texas in an amount not to
exceed $54,525.42. Included in this maintenance agreement is the support for the
CourtHouse software currently being utilized by the Municipal Court. The maintenance
agreement provides for software and technical environment support, including any
necessary upgrades as they become available. This vendor qualifies as sole source.
The foregoing motion was passed and approved with the following vote: Garrett, Cooper,
Elizondo, Hummell, Kelly, Leal, McCutchon, and Martinez, voting "Are"; Marez was absent.
11.b. MOTION N . 2007-290
Motion authorizing the City Manager or his designee to approve purchase of continued
annual maintenance costs from Infosol, Inc., of Bellaire, Texas for software and hardware for
the CourtHouse oftir re 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', Kelly, Leal, McCutchon, and Martinez, voting "Aye"; Marez was absent.
12. ORDINANCE NO. 027475
Ordinance abandoning and vacating an 8,978 -square foot portion of a 10 -foot wide utility
easement out of Lots 2-9, Hatch Commercial Sites, located north of and adjacent to the
Leopard Street public right-of-way; requiring the owner, Longhorn Transfer and Storage,
LTD, to comply with the specified conditions.
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, and
Martinez, voting "Aye"; Marez was absent.
13. ORDINANCE NO. 027476
Second Reading Ordinance - Authorizing the City Manager or his designee to execute an
amendment to the Stadium Lease Agreement between the City of Corpus Christi, Texas and
Round Rock Baseball, Inc. and assigned to Corpus Christi Baseball Club, LP, a Texas
Limited Partnership to authorize the use of Capital Repair Funds for alterations, additions,
and new improvements subject to Lessee paying supplemental rent to replenish the Capital
Repair Fund; providing for publication. (First Reading -- 10/16/07)
Minutes -- Regular Council Meeting
November 13, 2007 — Page 4
The foregoing ordinance was passed and approved on its second reading with the following
vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, and Martinez, voting
"Aye"; Marez was absent.
Mayor Garrett opened discussion on Item 3 and 4 regarding one-time expenditures. Council
Member Leal asked how many of the listed items were encumbered from FY2006-2007. Assistant
Director of Budget Eddie Houlihan said the items listed on the agenda for the appropriation of $7.2
million were not encumbered. In response to Ms. Leal, Mr. Houlihan listed the line items from the
original list that were encumbered in FY2006-2007. Ms. Leal asked when the audit would be
completed. Assistant City Manager Oscar Martinez said the audit is expected to be completed
within 45 days. Ms. Leal expressed her concern for funding the one-time expenditures through the
Unreserved Fund Balance and the original cost of the items.
Council Member Elizondo asked questions regarding a schedule for replacement of safety
vehicles; whether the fire department has adequate ambulances to serve the City and if the City
networks with other cities to purchase items. City Manager Noe said one fire vehicle is replaced
every year and the purchase of the two ambulances is a cooperative purchase. Fire Chief Richard
Hooks stated that the fire department fleet is in goad condition.
In response to Mayor Garrett, Chief Hooks said the fire department has 8 ambulances and
the cost of an ambulance and equipment is $160,000 with recurring costs totaling $580000.
Council Member Rummell asked why the request for funding is not addressed in the budget
process. Assistant City Manager Martinez explained that some capital investments are made during
the budget process; however, there are needs that are not met may be funded through one-time
expenditures. In response to Mr. Rummell, Assistant Budget Director Houlihan said there is $10
million in the unreserved fund balance. Council Member Rummell asked questions regarding the
system currently used to track the life of a vehicle; the funding for street maintenance and downtown
improvements; and how the items are determined for one-time expenditures. Assistant City
Manager Martinez said departments currently identify the requirements for vehicles during the
budget process based on highest priority. Mr. Martinez explained that the funding for street
maintenance is for materials to repair streets and the downtown improvements have not been
identified. City Manager Noe said the expenditures were determined during the budget process.
City Secretary Chapa polled the Council for their votes as follows:
3. ORDINANCE N .027469
Ordinance appropriating $1,205000 from the Unreserved Fund Balance in the No. 1020
General Fund for the following items: Police vehicles $155,000; two replacement
ambulances es $160,000; Parks and Recreation vehicles and equipment $260,000; Street
maintenance $500,000; Animal Control vehicles $80,000, and Downtown improvements
$50,000; changing the FY 2007-2008 Operating Budget adopted by Ordinance No. 027352
by increasing appropriations by $1,205,000.
An emergency r was declared, and the foregoing ordinance was passed and approved with
the following vote: Garrett, Elizondo, Hummell, Kelly, Leal, McCutchon, and Martinez, voting
"Aye"; Cooper and Marez were absent.
Minutes — Regular Council Meeting
November 13, 2007 — Page 5
4. MOTION N . 2007-285
Motion approving the purchase of two (2) ambulances from San Antonio Ambulance Sales,
Inc., of San Antonio, Texas for a total amount of $202,658. The award is based on the
cooperative purchasing agreement with the Texas Local Government Purchasing
Cooperative (TLGPC). The ambulances will be used by the Fire Department. The units are
replacements to the fleet. Of the total $202,658 required, $160,000 is scheduled to be
appropriated from the Unreserved General Fund balance and $42,668 is available in the FY
2007-2008 Fire Department budget.
The foregoing motion was passed and approved with the following vote: Garrett, Elizondo,
Hummell, Kelly, Leal, McCutchon, and Martinez, voting "Aye"; Cooper and Marren were
absent.
Mayor Garrett opened discussion on Item 5 regarding a service agreement for street and
drainage ditch right-of-ways. In response to Council Member Hummell, Assistant Director of
Financial Services Michael Barrera provided a summary evaluation matrix scoring that determined
the best value as opposed to just low bid. Mr. Barrera added that Brown Mule Mowing was also the
low bidder. City Secretary Chapa polled the Council for their votes as follows:
5. MOTION NO. 2007-286
Motion approving a sell/ice agreement with Brown Mule Mowing Inc., of Corpus Christi,
Texas for street and drainage ditch right-of-ways, based on best value in accordance with
Bid invitation No. B1-0222-07 for an estimated two year expenditure of $847,488.64 ofwhich
$282,496.21 is budgeted for the remainder of FY 2007-2008. The term of the ntra t will
be for twenty-four months, subject to annual appropriations, with an option to extend for up
to two additional twelve-month periods subject to the approval f the supplier and the City
Manager or his designee. Funds have been budgeted by the Storm Water Department in
FY 2007-2008.
The foregoing motion was passed and approved with the following vote: Garrett, Cooper,
Elizondo, Hummel!, Kelly, Leal, McCutchon, anc Martinez, voting `Aye"; Marez was absent.
Mayor Garrett opened discussion on Item 7 regarding an agreement to accept a State
Homeland Security Grant. In response to Council Member Kelly, Chief Hooks said the department
will conduct a needs analysis and that the grant is for specialized equipment based on guidelines
provided by the federal government. City Secretary Chapa polled the Council for their votes as
follows:
7.a. RESOLUTION NO. 027470
Resolution n authorizing the City Manager or his designee to execute a subrecipient
agreement and accept a State Homeland Security Grant from the Office of the Governor's
Division of Emergency Management in the amount of $1,389,430 for the purchase of
specialized equipment and training.
The foregoing resolution was passed and approved with the following vote: Garrett, Cooper,
Elizondo, Hummell, Kelly, Leal, McCutchon, and Martinez, voting "Aye"; Marez was absent.
Minute — Regular Council Meeting
November 1312007 — Page
7.b. ORDINANCF NO. 027471
Ordinance appropriating $1,389,430 from the Office of the Governor's Division of
Emergency Management Homeland Security grant program in the No. 1062 Fire Grants
Fund for the purchase of specialized equipment and training.
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, and
Martinez, voting "Aye"; Marez was absent.
Mayor Garrett opened discussion on Item 8 regarding a city-wide policy for towing vehicles.
Joe Dees, Statewide Wrecker Services, spoke regarding the responsibility ofvehicle owners to have
insurance and the issues at the vehicle impound. Mr. Dees suggested suspending operations at the
vehicle impound. Abel Alonzo, 1701 Thames, said he supported the policy but expressed concern
for the economically disadvantaged. Mr. Alonzo also asked questions regarding a timeframe to
educate the community and spoke regarding the issues at the police department. Carolyn Moon,
4902 Calvin, spoke regarding officers allowing for discretion for mitigating circumstances.
Council Members asked questions regarding the status of the impound lot. City Manager
Noe said staff would provide a recommendation for the current lot, additional land options and
identify costs. City Secretary Chapa polled the Council for their votes as follow
8. RESOLUTION NO. 027472
Resolution of the City Council of the City of Corpus Christi, Texas authorizing the Corpus
Christi Police Department to adopt a citywide policy for towing vehicles when the operator
has no proof of financial responsibility.
The foregoing resolution was passed and approved with the following vote: Garrett, Cooper,
Elizondo, Flumm 1, Kelly, Leal, McCutchon, and Martinez, voting "Aye"; Marez was absent.
Mayor Garrett referred to Item 14, and a motion was made, seconded and passed to open
the following public hearing:
14.a.
Public hearing to consider abandoning and vacating a 30,887.54 -square foot portion of the
Eden Lane public right-of-way, out of Lots 3, 3A, 4 and 5, Ehlers Garden Tracts, located east
of the McBride Lane street right-of-way, and north of 1H-37.
Deputy Director of Development S r rices Johnny Perales explained that Javelina Refinery is
requesting to vacate the public street right-of-way to better secure the property. Mr. Perales said the
street will be maintained as a utility easement. In response to Council Member Kelly, Mr. Perales
said the zoning for the land and the street is "1-2" Light Industrial. Mr. Perales added that there was
no information regarding expansion of the refinery or changing the land to "1-3" Heavy Industrial
zoning.
John Kelley, 3621 Austin, encouraged the Council to get a map of all public property,
easements, and parks for potential future pedestrian walkways.
In response to Council Member M Cutch n, Mr. Perales said day liria Refinery would use
Eden Lane as a roadway and the value of the land was determined by the City's Land Acquisition
department. Dr. McCutchon asked staff to determine if the value of the land should be considered
Minutes — Regular Council Meeting
November 13, 2007 — Page
vacant land or for land plus improvements. Council Member Kelly requested the second reading of
this item be placed on the regular agenda.
Mr. Eli and o made a motion to close the public hearing, seconded by Mr. Kelly, and
passed. Mr. Chapa polled the Council for their votes as follows:
1.b. FIRST READING ORDINANCE
First Reading Ordinance - Abandoning and vacating a 30,887.54 -square foot portion of the
Eden Lane public right-of-way, out of Lots 3, 3A, 4 and 5, Ehlers Garden Tracts, located east
of the McBride Lane street right-of-way, and north of IH -37; subject to compliance with the
specified conditions.
The foregoing ordinance was passed and approved on its first reading with the following
vote: Garrett, Cooper, Eli ondo, Hummell, Kelly, McCutchon, and Martinez, voting "Aye";
Leal and Marez were absent.
Mayor Garrett referred to Item 15, and a motion was made, seconded and passed to open
the following public hearing:
15.a. Public hearing to consider amending the Corpus Christi Platting Ordinance by repealing
Section IV.G regarding parks and playgrounds and adopting a new Section IV.G of the
Corpus Christi Platting Ordinance regarding public open space.
Bob Payne, Senior Planner for Development Services, referred to a powerpoint presentation
including a background of the Parks Focus Group and members; existing versus proposed park
dedication requirements; Council's suggestions to the Unified Development Code (UDC); new
proposed UDC Park Dedication requirements; survey and analysis; survey of park dedication fees
from other Texas Cities; 2006 single and multi -family park fee revenues; and comparison of
revenues with other Texas cities.
In response to Council Member Kelly, Mr. Payne said a developer would receive credit for a
multiunit facility if the park was dedicated as a public park.
Mayor Garrett called for a brief recess to present proclamations and listen to public
comment.
Mayor Garrett called for petitions from the audience. Carolyn Moon, 4902 Calvin, spoke
regarding beach bacteria warning signs. Pat Suter, 1002 Chamberlain, spoke regarding recycling
and asked the Council to consider separating the recycling charge on the utility bill, using a portion
of surplus to promote recycling and reestablishing a committee for recycling. Adelfa Martinez,
President of the Lindale Site Council, spoke regarding staffing issues affecting the Site Council.
David L. Cook, 321 John Sartain, spoke regarding the actions of the Corpus Christi Police Officers
Association's asking for the resignation of Police Chief Bryan Smith and the comments made about
the corruption of the command staff at the police department.
John Kelley, 413 Waco, spoke regarding a meeting with Port Commission Mike Carrell and
his appointment to the Port of Corpus Christi Authority prior to the Council election. Phil Rosenstein
commented on Senior Community Services staff members Elsa Munoz and Lisa Oliver for their work
in coordinating the senior centers and thanked the Council and staff for everything they do for senior
Minutes — Regular Council Meeting
November 13, 2007 — Page
citizens. Mike Hummel!, 600 Leopard, provided a handout of appointments made to the Port
Commission and dates those appointees were sworn in for the last 10 years and spoke regarding
the appointment of Mike Carrell prior to the Council elections.
* * * * * * * * * * * *
Mayor Garrett returned to Item 15 regarding a public hearing amending the Corpus Christi
Platting Ordinance. Senior Planner of Development Servi a Bob Payne returned to a p w rpcint
presentation including the renewal community reduced fee requirement; the renewal community
map; master plan analysis; residential land available in city limits; and recommendations from the
UDC Parks Focus Group, Park and Recreation Advisory Committe and the Planning Commission.
Mayor Garrett called for comments from the audience. Freddie Seaquist, 1618 Lantra Bay
Drive and member of the Park Focus Group, spoke regarding the compromise of the committee for
the park fee and keeping affordable housing in the City. He added that any additional costs
would be passed on to the homeowners. Jimmy B. Johnson, 15986 Punta Espada Loop, spoke
regarding cost differential compared to other cities and asked the Council to use caution in
developing increases. Shane Schroeder, President of the Builders Association, spoke regarding the
proposed park fees and state-wide impact fees affecting affordable housing. Jamie Pyle, member of
the Park Focus Group, spoke in support of the council's recommended changes to park fees. John
Kelley, 3621 Austin, suggested a percentage fee based on the sale of a new home and market
values. Abel Alonzo, 1701 Thames, thanked the Park Focus Group and the Park and Recreation
department for trying to improve the park environment and spoke regarding the quality of life with
parks being ADA compliant.
Assistant City Manager Bob Nix said the master plan analysis addressed the need for
Council's recommendation of a $200 fee based on the deficit.
Council members asked questions regarding the council's considerations to the proposed
ordinance; concerns of developers to increase the park improvement fees; the future needs;
whether Duncan and Associates made specific reommendatins for the focus groups; and
comparison of Duncan and Associates recommendations versus what was implemented by the
UDC groups.
A motion was made by Mr. Kelly to approve the alternate ordinance provided by staff which
included an increase in park development fee from $50 to $200, changing the fee review period
from three years to two years and removing the 1% fee cap. The motion was seconded by Ms.
Martinez. Mr. Hummel' requested that the motion include amending Section I .G.12 Review of
Dedication Requirements, by changing the fee review from three years to two years. The
amendment was accepted by Council Members Kelly and Martinez. Motion passed as amended
(Marez was absent).
Mr. Kelly made a motion to close the public hearing, seconded by Mr. Hummel!, and passed.
Mr. Chapa polled the Council for their votes as follows:
15.b. FIRST READING ORDINANCE
First Reading Ordinance - Amending the City of Corpus Christi Platting Ordinance by
repealing Section IV. G. "Parks and Playgrounds," and adopting a new Section IV. G. "Public
Open Space, " to provide for the dedication of park and public open space on the platting of
property, the creation of a community enrichment fund and payments thereto, payment of
fees in lieu of land dedication, payment of a park development fee, providing for park
development improvement, providing for dedication of land or payment of fees after filing of
Minutes — Regular Council Meeting
November 13, 2007 — Page
the plat for the property and upon the replat of property, and providing for review of
dedication requirements; providing a repealer clause; providing a penalty clause; providing
for publication; and providing for an effective date.
The foregoing ordinance was passed and approved on its first reading as amended with the
following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, and Martinez,
voting "Aye,', Marez was absent.
Mayor Garrett opened discussion on Item 16 regarding the Texas Enterprise Zone Policy.
Assistant City Manager Oscar Martinez provided a brief presentation including an overview of the
policy; applicability; authority, benefits of participation; selection criteria; the application process;
fees; and staffs recommendation.
Mayor Garrett called for comments from the audience. John Kelley, 413 Waco, expressed
concern on issues regarding the number of employment hours not being fulitir a jobs; no
requirement of a living wage; and Stripes qualifying for retention of jobs.
Council members asked questions regarding the number of slots left in the current biennium;
the quarterly application deadlineforavailable slots; the five year designation period; monitoring of
retention and new jobs; the local capital expenditures criteria; and whether the program affects city
taxes; the number of applicants that applied; and if businesses in District 3 where notified of the
program.
A motion was made by Dr. McCutchon to amend the policy to include that all business that
qualify and apply for participation will be scored and presented to the City Council. The motion was
seconded by Mr. Kelly, and passed (Cooper and Marez were absent).
There were no comments from the audience. City Secretary Chapa polled the Council for
their votes as follows:
16. RESOLUTION LUTIO NO. 027477
Resolution adopting the Texas Enterprise Zone Policy.
The foregoing resolution was passed and approved as amended with the following vote:
Garrett, Elizondo, Hummell, Kelly, Leal, McCutchon, and Martinez, voting `Aye"; Cooper and
Marez were absent.
Mayor Garrett opened discussion on Item 17 regarding projects seeking designation as an
Enterprise Project. City Secretary Chapa announced that Council Member Elizondo would abstain
from the discussion and vote on Item 17.d. There were no omment from the audience.
Council members asked questions regarding the criteria for granting incentives; the entity
that grants the incentives; binding advanced commitments; opportunity to acquire additional
applicants; the nomination process; the determination of state criteria; the reason for committing to
next biennium; h wl ng the program has been in place; timeframe for cmmitr ent ; the reference
to the delineation of slots; future employment prospects} and the option by Council to alter
nominations.
Minute — Regular Council Meeting
November 13, 2007 — Page 10
Roland Mower, CEO of the Corpus Christi Regional Economic Development Corporation,
said the four companies that applied helped crafted the policy. He added that bind commitments for
the next biennium shows the local companies that the City values them as members of the
community.
Council Member McCutchon requested that the items be voted on separately. City Secretary
Chapa polled the Council for their votes as follows:
17.a. RESOLUTION N N . 027418
Resolution amending Resolution No. 027061, adopted on November 14, 2006 nominating
Flint Hills Resources, L.P. to the Office of the Governor Economic Development and
Tourism through the Economic Development Bank for designation as a qualified business
and Triple Jumbo Enterprise Project under the Texas Enterprise Zone Program under the
Texas Enterprise Zone Act, Chapter 2303, Texas Government Code.
The foregoing resolution was passed and approved with the following vote: Garrett, Cooper,
Elizondo, Hummell, Kelly, Leal, McCutchon, and Marez, voting "Aye"; Marez was absent.
17.b. RESOLUTION NO. 027479
Resolution nominating Stripes, LLC to the Office of the Governor Economic Development
and Tourism through the Economic Development Bank for designation as a qualified
business and single Retained Job Enterprise Project under the Texas Enterprise Zone
Program under the Texas Enterprise Zone Act, Chapter 2303, Texas Government Code.
The foregoing resolution was passed and approved with the following vote: Garrett, Cooper,
Elizondo, Hummell, Leal, McCutchon, and Marez, voting "Aye"; Kelly abstained; Marez was
absent.
17.c. RESOLUTION NO. 027480
Resolution committing to nominate Valero Refining - Texas, L.P. to the Office of the
Governor Economic Development and Tourism through the Economic Development Bank
for designation as a qualified business and Triple Jumbo Job Enterprise Project under the
Texas Enterprise Zone Program under the Texas Enterprise Zone Act, Chapter 2303, Texas
Government Code for the next biennium beginning in October, 2009.
The foregoing resolution was passed and approved with the following vote: Garrett, Cooper,
Elizondo, Hummell, Kelly, Leal, iiuthon, and Marez, voting "Aye"; Marez was absent.
17.d. RESOLUTION NO. 027481
Resolution committing to nominate CITGO Refining and Chemicals Company, L.P. to the
Office of the Governor Economic Development and Tourism through the Economic
Development Bank for designation as a qualified business and Triple Jumbo Job Enterprise
Project under the Texas Enterprise Zone Program under the Texas Enterprise Zone Act,
Chapter 2303, Texas Government Code for the next biennium beginning in October, 2009.
The foregoing resolution was passed and approved with the foliowing vote: Garrett, Cooper,
Hummell, Kelly, Leal, McCutchon, and Marez, voting "Aye"; "; Eli ondo abstained; Marez was
absent.
Minut —Regular Council Meeting
November 13, 2007 — Page 11
MayorGarrettopened discussion on Item 18 regarding an amendment tthe Corpus Christi
Commercial Revitalization Local Strategic Plan. Assistant City Manager Martinez stated that based
on discussion during the approval of the plan on October2 rd, the plan is being resubmitted to alter
selection criteria item 7 to allow for funding to be in place for preliminary phases of project work and
provide for a requirement of assurance/documentation about financial capacity to complete the
project.
In response to Council Member Hummel', Assistant City Manager Martinez said the policy
provides a provision for residential units if an allowable percentage still retains retail in the
Downtown area.
There were no comments from the audience. City Secretary Chapa polled the Council for
their votes as follows:
18. RESOLUTION NO. 027482
Resolution amending Selection Criteria No. 7 to the Corpus Christi Commercial
Revitalization Local Strategic Plan.
The foregoing resolution was passed and approved with the following vote: Garrett, Cooper,
Eli and , Hummel', Kelly, McCutchon, and Martinez, voting "Aye"; Leal and Marez were
absent.
Mayor Garrett opened discussion on Item 19 regarding the "Slow, No Wake Zone"
ordinance. Director of Parks and Recreation Sally Gavlik referred to a powerpoint presentation
including the recommended ordinance changes; a map of the no wake zone; public meetings and
outcomes; written comments; alternate solutions and the reasons staff did not recommend change;
and the approval process. Ms. Gavlik also read a letter from Lieutenant Commander D. R. Kalina of
United States Coast Guard advising against a no wake zone from PaokeryChannel, along the Gulf
Intracoastal Waterway to Marker 37 Business.
Mayor Garrett called for comments from the audience. Gregory Bost, 14328 Playa Del Ray,
asked the Council to extend the no wake zone to the entire channel except the intracoastal area
because of erosion and future maintenance. Beverly Rogers, 13722 Cayo Gorda Court and on
behalf of the Padre island Business Association, read a resolution endorsing the no wake zone from
the Kennedy Causeway passed the State Highway 361 Bridge to Packery Channel. Johnny French
4417 Carlton Street, spoke in favor of extending the no wake zone from the intracoastal waterway
and suggested that the ordinance include the definition of navigable water and a copy of the no
wake zone map. Carolyn Moon 4902 Calvin, spoke in support of the resolution by the Padre Island
Business Association.
Alan Dina, 206 Leming, spoke in support of extending the no wake zone all the way to the
Intracoastal area because of public safety and the cost to taxpayers to dredge. Mr. Dinn also
commented on providing aids to navigation prior to prosecution in navigable water. Linda Walsh,
15350 Isabella Court and Secretary of the Padre Island Business Association, thanked staff for the
public meetings and spoke in support of placing the no wake zone throughout the entire channel
because of public safety and the environment. Carol Chandler, 15129 Cane Harbor, agreed with the
closure of the entire area and a no wake zone for Lake Padre. Norm Baker, 14122 Cabana, spoke
in opposition to the proposal by staff and said the decision should be made for the safety of the
boaters in the channel. Jimmy B. Johnston, 15896 Punta Espada Loop and member of the Padre
Island Business Association, spoke is support of the P1BA resolution and thanked city staff for their
work. John Kelley, 3621 Austin, spoke in support of the no wake zone throughout Packery Channel.
Minute — Regular Council Meeting
November 13, 2007 — Page 12
Council members asked questions regarding the location of the Intracoastal waterway;
signage for leaving a no wake zone; TIF funding for dredging to the Intracoastal waterway;
enforcement of speed limits; the reason for not changing the entire area to a no wake zone; the
distance from the Intracoastal waterway to the end of the jetties at Port Aransas; marking of
navigable waterways; and whether the County Park in included in the no wake zone.
Council Member Rummell asked staff to research the use of speed limit signs to reduce the
wake, Ms. Gavlik said staff would bring a recommendation regarding signs and rate of speed.
Council Member Martinez suggested that Deidre Williams, who has been studying the bathymetry of
the Channel, talk to the Council regarding erosion and safety of Packery Channel.
City Secretary Chapa polled the Council for their votes as follows:
19. FIRST READING ORDINANCE
First Reading Ordinance - Ordinance amending Chapter 12 "Boats, Bays and Waterways,"
Article 1 "In General," Section 12-7 "Bathing, swimming and wading prohibited in certain
waters," and Section 12-31 "Slow, No Wake Zones" of the Code of Ordinances, City of
Corpus Christi, to prohibit swimming, bathing, and wading in the navigable channel of
Packery Channel and to establish the portions of Packery Channel adjacent to developed
areas along Packery Channel as a slow, no wake zone; providing a repealer clause;
providing a penalty; providing for publication.
The foregoing ordinance was passed and approved on its first reading with the following
vote: Garrett, Cooper, Elizondo, Hummel!, Kelly, Leal, and McCutchon, voting "Aye";
Martinez voting "No"; Marez was absent.
Mayor Garrett referred to the Item 22 regarding the Corpus Christi Regional Economic
Development corporation Quarterly Update. Roland Mower, CEO of the Corpus Christi Regional
Economic Development Corporation, referred to a powerpoint presentation including the strategic
plan process; historical analysis and key findings; goal study of jobs and wages; target industry list;
rationalizing the incentive policy; incentive matrix; the 2007-2012 Strategic Plan; activities; focus to
move forward; organizational changes; and current board of directors.
Mayor Garrett announced that Item 20 regarding a briefing ori the Bond 2008 process was
postponed.
Mayor Garrett referred to Item 21, a presentation on the proposed platting ordinance
amendments related to "Dead End" water lines and Developer Trust Funds. Deputy Director of
Development Services Johnny Perales referred to a powerpoint presentation including the primary
intent of proposed platting ordinance changes; associated or secondary platting ordinance
considerations; overview of proposed changes; and proposed schedule for adoption.
Council members asked questions regarding the requirement that all developments within
the City's Extra -territorial jurisdiction (ETJ) provide access to an approved treated water supply;
whether distribution system looping is for new development or correcting existing infrastructure;
credits; the changes addressing the solvency of the fund; the change to submit reimbursement
documentation from the Director of Engineering; participation in oversizing; process for
reimbursement for grid main extensions costing more than $200,000 and funding; transition period;
and prorata reimbursement.
Minutes — Regular Council Meeting
November 13, 2007 — Page 13
City Manager Noe said all questions by the Council will be copied and e-mailed to the entire
council for viewing. Council Member McCutchon requested a brief summary of the
recommendations provided from the Planning Commission and the Development Services Advisory
Group (DSAG). Dr. McCutchon requested that staff explore a process for a repayment schedule of
the $3.5 million loan from the Wastewater Trust Fund to the Utility Bond Fund. City Attorney Mary
Kay Fischer reminded the Council not to reply to e-mail discussions.
Mayor Garrett referred to Item 23 regarding an update from the City Council Memorial
Coliseum Committee. Council Member Hummell provided a background of the process including
gathering of public input; consultant involvement; expectation of the Coliseum property; and
subcommittees to accomplish the goals to making the Coliseum a multifaceted concept. Mr.
Rummell said the committee provided recommendations on the costs associated for the immediate
presentation of property in the amount of $12D,000.
Mayor Garrett asked if complete demolition of the Coliseum was an option of the committee.
Council Member Hummell said the decision was based on community input. Council Member
Martinez said the responses from the community to demolish also provided suggestions to improve
the property. Mayor Garrett suggested moving the memorial plaque to Sherrill Park.
Council Member Rummell said the committee is meeting with area land owners; creating a
packet or marketing tool to make available to private enterprises interested in the property; and
exploring tax incentives and other funding options.
Council Member Leal asked questions regarding the security light at the building exterior.
Mr. Hummell said he did not support the recommendation for security lighting. Ms. Leal suggested
lighting similar to the lighting at the Navy Pier in Chicago. Ms. Leal said a majority of people that
sent her requests have expressed the desire to keep the building.
Council Member Elizondo and Mayor Garrett said they have received more community
feedback to demolish the facility rather than to keep it. Council Member Elizondo expressed
concern for the electrical and plumbing issues at the facility.
There was a general consensus of the Council to direct staff to come back with a proposal to
preserve the Memorial Coliseum including funding options.
Mayor Garrett announced the executive sessions, which were listed on the agenda as
follows:
24. Executive session under Texas Government Code Section 551.087 for deliberations
regarding economic development negotiations, with possible discussion and action related
thereto in open session.
25. Executive session under Texas Government Code Section 551.071 regarding Case No. 06-
0070-A;
-
0o70- ; Joe McComb and Joe McComb Enterprises, Inc. Vs. The City of Corpus Christi, in
the 28th Judicial District Court of Nueces County, with possible discussion and action in open
session.
26. Executive session under Texas Government Code Section 551.071 regarding Texas
Commission on Environmental Quality R 1013851 1, Docket No. 2007-1 o -ML -E;
Enforcement Case No. 34544, with possible discussion and action in open session.
Minutes — Regular Council Meeting
November 13, 2007 — Page 14
The Council went into executive session. The Council returned from executive session and
the following motions were passed with the following vote:
25. MOTION N . 2007-291
Motion directing the City Manager to settle Cause No. 06-0070-A, Joe McComb and Joe
McComb Enterprises, Inc. v. City of Corpus Christi for the sum of $81,000.
The foregoing motion was passed and approved with the following vote: Garrett, Elizondo,
Hummell, Leal, McCutchon, and Martin , voting "Aye"; � elly voting "No"; Cooper and Marez
were absent.
26. MOTION NO. 2007-292
Motion authorizing the City Manager to execute the proposed agreed order with Texas
Commission an Environmental Quality Enforcement Case #34544 and to take further action
required thereby.
The foregoing motion was passed and approved with the following vote: Garrett, Elind,
Hummel!, Kelly, Leal, McCutchon, and Martinez, voting "Aye"; Cooper and Marez were
absent.
Mayor Garrett called for Council concerns and reports. Council Member Leal thanked the
Water Department for helping with an issue on Patriot Street and the Wastewater Department for
assisting with an issue on Gabriel Street. Ms. Leal thanked Assistant the Mayor Linda Lewis for her
hard work. Ms. Leal also thanked the veterans for their service.
There being no further business to come before the Council, Mayor Garrett adjourned the
Council meeting at 5:54 p.m. on November 13, 2007.