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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.