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HomeMy WebLinkAboutMinutes City Council - 12/18/2007I 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 December 18, 2007, which were approved by the City Council on January 8, 2008. WITNESSETH MY HAND AND SEAL, on this the 8th day of January, 2008. Armando Chapa City Secretary SEAL MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting December 18, 2007 -10:00 a.m. PRESENT Mayor Henry Garrett Mayor Pro Tem Melody Cooper Council Members: Larry Eli ondo, Sr. Mike H u m I l Bill Kelly Priscilla Leal Michael McCutchon John Mar* Nelda Martinez *Arrived 10:05 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 Father Stelios N. Sitaras with St. Nicholas Greek Orthodox Church 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 the regular Council meeting of December 11, 2007. A motion was made and passed to approve the minutes as presented. Mayor Garrett referred to Item 2 and the following board appointments were made: City Council's Youth Advisory Committee Maranda Roschetcky (Reappointed) Ryan Ashley Chapa (Reappointed) Carolyn Berthelot (Reappointed) Analicia Bangles (Reappointed) William Crocker (Reappointed) Horatio Villarreal (Reappointed) Mecklin Ragan (Reappointed) Marcos Bustamante (Appointed) Adriana Rios (Appointed) Antonie Bassett (Appointed) Amy Legamaro (Appointed) James Ragan (Appointed) Tori A. Thomas (Appointed) Liana Blanco (Appointed) Alfredo Andrew Zamora 111 (Appointed) Neerav Mangipudi (Appointed) Andrew Riley {Appointed} Marina Advisory Committee Robert Vega (Appointed) Dan Leyendecker (Appointed) John Adams (Appointed) Nils Stolzlechner (Appointed) Rakesh Patel (Appointed) Hal Suter (Appointed) Marie Adams (Appointed) Roy Pell (Appointed) Robert Cagle (Appointed) Park and Recreation Advisory Committee Loretta Graham (Appointed) Sylvia Samaniego (Appointed) Weed and Seed Steering Committee Frances E. Garza (Reappointed) Virginia Flewelling-Leeds (Appointed) Lori Gianotti (Appointed) Ruben Gonzales (Appointed) Minutes — Regular Council Meeting December 18, 2007 — Page 2 Mayor Garrett called for the City Manager's report. City Manager Noe said the original dates discussed for the mid -year retreat were unavailable. He asked the Council to consider potentially changing the regular meeting of January 29th to the retreat should Dr. Ron Lewis be available. The Council concurred. Mr. Noe announced that on December 13th, Parks and Recreation employees Drew Martinez and Abel Sanchez received the "Unsung ung Hero" award presented by the Corpus Christi Southside Rotary Club. Mr. Noe said the formal announcement ofthe 10 wirelesshot spots would be made later this week. Mr. Noe stated that in an effort to solicit suggestions for the Bond 2008 projects, stations will be set up from January 7th through January le at the various senior centers; Corpus Christi International Airport; the public libraries; and a mobile site around the community. City Manager Noe announced the graduation of the current Fire Academy scheduled for January 4th at the Del Mar Richardson Auditorium and the upcoming holiday schedule for City services. Council Member Leal requested updates from staff on several projects. Mayor Garrett called for consideration oftheconsentagenda (Items 3-13). Mr. John Kelley asked that Items 8 and 12 be pulled for individual consideration. Council members requested that Items 4, 5, 6, 7, and 9 be pulled for individual consideration. City Secretary Chapa polled the Council for their votes as follows: 3. MOTION NO. 2007-321 Motion approving the lease -purchase of mowing equipment from John Deere Company, of Cary, North Carolina, for the total amount of $207,833.05. The award is based on the cooperative purchasing agreement with the Houston Galveston Area Council (H -GAC). The equipment will be used to maintain the fairways and putting greens at the Gabe Lozano and Oso Golf Courses. All items are replacements to the fleet. Funds for the lease purchase of the equipment will be provided through the City's lease -purchase financing program. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Eliz nd , Hummell, Kelly, Leal, McCutchon, Mare , and Martinez, voting "Aye". 11. MOTION NO. 2007-329 Motion authorizing the City Manager to execute a Deferment Agreement with U Stor of CC IV, LLC, (Developer) in the amount of $97,491.3 for deferral of construction of public water and wastewater improvements for Holly Park, Block 1, Lots 2, 3, and 4, located north of Holly Road and east of Kostoryz Road, in accordance with Section V.A.3.b) the Platting Ordinance and waiving Section V.A.3.b 2) ofthe Platting Ordinance subject to receipt of an approved letter of credit. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Eliz nd , Hummell, Kelly, Leal, McCutchon, Il arez, and Martinez, voting "Aye". 13. ORDINANCE NO. 027542 Ordinance authorizing the City of Corpus Christi to tax tangible personal property in transit which would otherwise be exempt pursuant to Texas Tax Code, Section 11.253. (First Reading 12/11/07) The foregoing ordinance was passed and approved on its second reading with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye". Minutes --- Regular Council Meeting December 18, 2007 — Page 3 Mayor Garrett opened discussion on Item 4 regarding the purchase of portable radios. Mayor Garrett asked for the definition of sole source. Assistant Director of Finance Michael Barrera explained that several agencies use the Enhanced Digital Access Community System (EDACS) purchased from MIA -COM Private Radio Systems, Inc. and other radio systems can not be used. Mr, Barrera added that MA -COM has only authorized Dailey -Wells Communications to provide sales and seRtice of the radios. Council Member Leal asked questions regarding the Port Authority receiving taxpayer money. City Manager Noe clarified that the Port does receives various federal grants but does not receive local tax dollars. Council Member McCutchon asked questions regarding the price; the type of radios; and the utilization. Mr. Barrera said the radios were handheld and cost $750,50. Police Chief Bryan Smith said the radios are used by multiple agencies and covers the entire South Texas region and the Port area. Council Member Hummell asked if Dailey -Wells was the only manufacture of the system. Chief Smith that Dailey -Wells is the only authorized dealer. Council Member Elizondo asked for a list of industry users. chief Smith stated that the Regional Transportation Authority, Nueces county, the Annaville and, Flour Bluff Volunteer Fire, F obstowrt, Refinery Terminal Fire Company, Corpus Christi Independent School District; Portland, and the Port participate in the same radio system. City Secretary Chapa polled the Council for their votes as follows: 4. MOTION NO. 2007-322 Motion approving the purchase of two hundred (200) portable radios from Dailey -Wells Communications, , Inc., of San Antonio, Texas in the amount of $150100. The award is based on sole source. Funds are available from the FY 2007 Port Security Grant 1061 Police Grants Fund. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, and Martinez, voting `;Ayer'; Marez was absent, Mayor Garrett opened discussion on item 5 regarding the lease purchase of curbside collection containers. Council Member Kelly asked if the containers were replacements and if all neighborhoods are on the automated system. Director of Streets and Solid Waste Jeff Kaplan said the new containers are for new homes and customers requesting additional containers or replacement units. Mr. Kaplan stated that the entire City is currently on the automated collection program. City Secretary Chapa polled the Council for their votes as follows: 5. MOTION No. 2007-323 Motion approving the lease -purchase of approximately 4,270 curbside collection containers from Schaefer Systems International, of Charlotte, North Carolina, for the total amount of $221442.20. The award is based on the cooperative purchasing agreement with the Houston Galveston Area Council (H -GAC). The containers will be used in the City's automated collection program, Funds for the lease -purchase of the curbside collection containers will be provided through the City's lease purchase financing program. 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. Mayor Garrett opened discussion on Item 6 regarding a permit to drill an oil and gas well. In response to Council Member Hummell, Assistant City Attorney Elizabeth Hundley stated that the term `;confiscation of property" is used as having denied the right to access. City Secretary Chapa polled the Council for their votes as follows: Minutes — Regular Council Meeting December 18, 2007 — Page 6. MOTION N . 2007-324 Motion authorizing the City Manager r r his designee to grant a permit to Sabco Operating Company, of Houston, Texas, to drill an oil or gas well approximately three and one half miles east of the Corpus Christi Marina in Corpus Christi Bay being State Tract 55 Well N. 7. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummel', ll, Kelly, McCutchon, and Martinez, voting "Aye"; Leal and Marez were absent. Mayor Garrett opened discussion on Item 7 regarding Holly Road Pump Station Tank Inlet Piping. Council Member Hummel! ll asked questions regarding the irregularity of the bid. Interim Director of Engineering Kevin Stowers explained that as part of the bid process, the bidder was required to provide a response to special provision information. Mr. Stowers added that Austin Engineering Company failed to submit the special provisions and their bid was declared irregular. Mr. Stowers said the City's provision on irregular proposals states that if the apparent low bidder did not submit the requested special provisions, the Council has the right to waive any irregularities. City Secretary Chapa polled the Council for their votes as follows: 7. MOTION N . 2007-325 Motion authorizing the City Manager or his designee to execute a construction contractwith Austin Engineering Company, Inc., of Austin, Texas, in the amount of $695824.50 for Holly Road Pump Station Tank Inlet Piping. 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. Mayor Garrett opened discussion on Item 8 regarding a project management services agreement with Anderson Group Construction Management, Inc. Mr. John Kelley, 413 Waco, asked if the amendment was for an unexpected increase in cost. Mr. Stowers explained that this item is not an increase in cost but a continuation in services for an additional approximately 13 to 14 month period. Mr. Kelley asked if Anderson Company was the company that manages the American Bank Center and Whataburger Field and how many times the costs were over budget. Mr. Stowers answered that this companywas involved in those major projects and all the projects have been on budget. Council Member McCutchon asked the types of services that will be provided. Mr. Stowers explained that Anderson is performing project management services with some engineering services. Mr. Stowers added that the only way to administer the projects was with outside assistance. Dr. McCutchon asked questions regarding the number of engineers provided; the cost for the City to employee additional engineers; the number of years the Engineering Department has been understaffed; and how much the City has spent on outside engineers. Mr. Stowers said that the contract provides for two engineers and two non -engineers and that the City is trying to recruitment additional engineers for employment. Mr. Stowers stated that the engineering department has been understaffed for five (5) to six (6) years and the City has spent approximately $5 million between two contracts on outside engineering services, Council Member Hurrmell asked if Amendment No. 6 was anticipated and for how long. Mr. Stowers said the contract was anticipated because it is an annual contract and has been in negotiations since September. In response to Mr. Hummell, Mr. Stowers provided a list of services Minutes — Regular Council Meeting December 18, 2007 - Page provided with the contract. Mr. HummelE asked questions regarding the bidding of the contract. Mr. Stowers explained that most companies do design work and therefore have a conflict of interest. Mr. Stowers added that AGCM does not do design work and therefore is the only local company with that capacity. A brief discussion ensued regarding the conflict of interest. Mr. Rummell asked questions regarding the terms of the original contract and what projects are schedule with Amendment No. 6. Mr. Stowers said the original contract was for a 20 -month period and Amendment No. 6 would include work for most of the projects in Year 1 of the Capital Improvement Program (CIP) and completion of the Bond 2004 projects. Council Member McCutchon asked questions regarding the hiring of in-house engineers versus outside assistance and when the construction management services contract will be re -bid. City Manager Noe responded to the City's employment costs and outside contractual services. Mr. Stowers said that instruction from today's discussion is to go out for a Request for Proposal on the next contract. City Secretary Chapa polled the Council for their votes as follows: 8. MOTION NO. 2007-326 Motion authorizing the City Manager or his designee to execute Amendment N. 6 for Project Management Services in the amount of $948,800 for a restated total fee of $2,737,820 with Anderson Group Construction Management (AGCM), Inc., of Corpus Christi, Texas, for various Capital Improvement Projects associated with the 2008 Capital Improvement Program and 2004 Bond Program. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Kelly, Leal, and Martinez, voting "Aye"; Humrn ll and McCutchon voting "No"; Marez was absent. Mayor Garrett opened discussion on Item 9 regarding the South Guth Park Ball Field Relocation project. Council Member Martinez said Assistant City Manager Oscar Martinez would providing clarification on this item later to her. City Secretary Chapa polled the Council for their votes on items 9 and 10 as follows: 9. MOTION N .2007-327 Motion authorizing the City Manager or his designee to execute a Real Estate Sales Contract with William H. Shireman, Jr., et al in the amount of $295,000 plus $3,500 in closing costs for Parcel 1 described as 29.018 acres out of Lot 11 and the Southeast one- half n -- h if of Lot 12, Section 31, Flour Bluff and En incl Farm and Garden Tracts located on Paul Jones Avenue necessary for the South Guth Park Bali Field Relocation Project. 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. 10. MOTION N . 2007-328 Motion authorizing the City Manager to execute a Development Agr m ntwith James Lee (Developer) t provide for the filing of a r plat of portions of Lots 21 and 22, Block "H", Flour Bluff Estates, contemporaneous with the construction of improvements on said property and waiving fees associated with the replat of the property. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Eli and , Hummel!, Kelly, Leal, McCutchon, and Martinez, voting "Aye"; Marez was absent. Minute — Regular Council Meeting December 18, 2007 ---- Page Mayor Garrett opened discussion an Item 12 regarding abandoning and vacating a tract of public right-of-way on Del Oso Road. John Kelley, 413 Waco, asked Council to reconsider adding a condition to the abandoning and vacating of this property to have the City retain the right to place a pedestrian trail. Mr. Rummell made a motion to amend the ordinance to identify the public right of way as a street. The motion was seconded by Mr. Elizondo and passed. 12. ORDINANCE NO. 027541 Ordinance abandoning and vacating a 2.975 acre tract of undeveloped and unsurfaced, dedicated public street right-of-way (Lel Oso Road), out of Lots 6-7, Section 16, and Lots 1- 8, Section 17, Flour Bluff and Encinal Farm and Garden Tracts, located west of the Ennis JIin Road public right-of-way, and south of the South Alameda Street public right-of-way; subject to compliance with the specified conditions. (First Reading 12/11/07) The foregoing ordinance was passed and approved as amended 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 24 regarding a performance based agreement and project agreement between the Corpus Christi Business and Job Development Corporation (4A Board) and APAC Customer Services, Inc. (APAC). Director of Economic Development Irma Caballero provided a background of the project and the key terms of the agreement. Abel Alonzo, 1701 Thames, thanked the 4A Board for approving this proposal. City Secretary Chapa polled the Council for their votes as follows: 24.a. RESOLUTION NO. 027547 Resolution approving a performance based agreement between the Corpus Christi Business and Job Development Corporation (4A Board) and APAC Customer Services, Inc., granting $400,000 in business incentives for the capital investment of $625,000 and the retention of a minimum of 485 permanent jobs (418 full-time and 67 part-time). The foregoing resolution was passed and approved with the following vote: Garrett, Elizondo, Hummell, Kelly, Leal, McCutchon, and Martinez, voting "Aye"; Cooper and Marez were absent. 24.b. RESOLUTION NO. 027548 Resolution authorizing the City Manager or his designee to execute a project agreement with the Corpus Christi Business and Job Development Corporation regarding implementation and administration of the agreement to grant business incentives to APAC Customer Services, Inc., for a capital investment of $625,000 and the retention of a minimum of 485 permanent jobs (418 full-time and 67 part-time). The foregoing resolution was passed and approved with the following vote: Garrett, Elizondo, Hummell, Kelly, Leal, McCutchon, and Martinez, voting "Aye"; Operand Marez were absent. Minutes — Regular Council Meeting December 18, 2007 — Page * * * * * * * * * * * * * Mayer Garrett recessed the regular Council meeting to hold a meeting of the Corpus Christi Housing Finance Corporation. * * * * * * * * * * Mayor Garrett reconvened the Regular Council Meeting. Mayor Garrett called for a brief recess to present proclamations and listen to public comment. * * * * * * * * * * * * Mayor Garrett called for petitions from the audience. Noy Shockley, 1901 Paul Jones, spoke regarding the City taking his property. Johnny French, 4417 Carlton Street, spoke regarding funding improvements at Packery Channel. el. J hn Kelley, 3621 Austin, thanked the staff and Council for their work on the Packery Channel Plan and spoke regarding the quality of attachments in the agenda packet. Susie Luna Saldana, 4710 Hakel, spoke regarding input on agenda items not being allowed during the public comment section and asked the Council to consider moving the meetings to night. A brief discussion ensued regarding public comment. Jack Gordy, 4118 Bray, spoke regarding the amount of money for outside legal fees and having lights shining on the flag if the flag is flying at night. * * * * * * * * * * * * Mayor Garrett referred to Item 15, and a motion was made, seconded and passed to open the following public hearing: Public hearing and ordinance to consider waiving the 12 -month waiting period to reapply for a change of zoning on property described as 33.6 acres out of Lots 17, 18, 19, and 20, Section 11, Flour Bluff and Encinal Farm and Garden Tracts, located on the southeast intersection of South Staples Street and Timbergate Drive. City Planner Shannon Murphy referred to a powerpoint presentation including a background of the previous zoning request; 2006 aerial photograph; waiting period between zoning change request; section of the zoning ordinance; changed conditions and new information; and information on the planned unit development agreement. M. Murphy added that should Council grant the waiver, the applicant is still required to submit an application for a change in zoning. M. Murphy said if the Council does not approve a waiver, the applicant can come back to the Council in March. Mayor Garrett called for comments from the audience. Tim Dowling, 8710 illefrnche, asked the Council to deny the request for a waiver and spoke regarding traffic, property values, violation of the master plan, and crime. An unidentified man said Wal-Mart would provide good competition. Carolyn Moon, asked the Council to stop granting waivers and special exemptions. Abel Alonzo, 1701 Thames, spoke in support of the waiver to allow the public to hear the proposal Wal-Mart is recommending. Sara Graham, Chief Executive Officer for Group One Real Estate, said she doesn't support the Wal-Mart at Timbergate and asked the Council to not consider granting a zoning change. Evelyn Neimick, 5709 Waterford, spoke in favor of the waiver and Wal-Mart. Michael Perez, 6001 OrientalAvenue, spoke in opposition to the waiver request and Wal-Mart. Mr. Perez also requested that the request for a zoning change be heard in the evening. Minute — Regular Council Meeting December 18, 2007 — Page Curtis Lee, 6021 Timbergate, expressed concern with Ileal -Mart being located close to an elementary school and being a hot spot for child predators. Sean Robertson, 7005 Spanishwood Drive, spoke regarding Wal -Mart's effects to the surrounding community and the change of zoning to the master plan. Bill Morgan, 6833 Whitewing, said the waiver should not be granted. John Kelley, 3621 Austin, said Wal-Mart would create a devaluation of wages and is not economic development. Marisa Dowling spoke in opposition to the waiver and products made by Wal-Mart. Donna Lee, 6021 Timbergate, spoke regarding noise and traffic in the residential area and not being notified of public meetings. Kurt Mayberry spoke in support of the waiver. Ken Brown, representative f rWal-Mart, spoke regarding the waiver process; the changed conditions of the new application} roadway improvement; lighting; and the need for a southside location. Mr. Brown requested support for the waiver. Sally Aiello, Wal-Mart Public Outreach, said the company conducted telephone surveys for registered votes in District , three direct mail public meeting notices; newspaper ads; website and e-mail contact; and telephone twn hall (conference call). Council members asked questions regarding the Parkdale Plaza location; the depth of the proposed Timbergate shopping center and the proposed Heal -Mart building; neighborhood participation and outreach; telephone survey process; and public meeting notice distribution. Mayor Garrett stated that the public hearing on the zoning application for Wal-Martwill befor a time certain on the agenda. Mr. Kelly made a motion to close the public hearing, seconded by Mr. Marez, , and passed. Mr. Chapa polled the Council for their votes as follows: 15. ORDINANCE NO. 027543 Ordinance to considerwaiving the 12 -month waiting period to reapply fora change of zoning on property described as 33.6 acres out of Lots 17, 18, 19, and 20, Section 11, Flour Bluff and Encinal Farm and Garden Tracts, located on the southeast intersection of South Staples Street and Timbergate Drive. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, and Marez, voting "Aye"; Martinez voting "No"; McCutchon was absent. Mayor Garrett referred to item 16, and a motion was made, seconded and passed to open the public hearing on the following public hearing: Public hearing and Ordinance amending the City's Comprehensive Plan by amending the Master Sanitary Sewer Plan (Wastewater Collection System Master Plan for the Allison Wastewater Treatment Plant Service Area and the 1963 Master Sanitary Sewer Plan for Areas Annexed in 1960 and 1961 except Flour Bluff for the City of Corpus Christi) by extending the boundary of Master Plan Basin 25 in the Allison Wastewater Treatment Plant Service Area to include 63 acres currently shown as part of the Greenwood Wastewater Treatment Plant Service Area in the 1963 Master Sanitary Sewer Plan for Areas Annexed in 1960 and 1961 except Flour Bluff for the City of Corpus Christi. Deputy Director of Development Services Johnny Perales referred to a powerpoint presentation including the location and boundaries of the Rhew industrial Tracts Unit 1; the existing master plan; and the amended master plan. Minutes — Regular Council Meeting December 1 , 2007 — Page Council m mb r asked questions regarding whether there are wastewater services west of Rand Morgan Road; services to the new school on Rand Morgan Road; the direction of the sewer line to allow waste to Greenwood Service Area; whether thamendment only included the 63 acre tract; additional tracts developed in this area that carry wastewater to a different treatment plant; if the CI P includes the new lift station; and whether the additional 1,400 linear feet of gravity sanitary r will allow for additional land for development. No one appeared in opposition to the zoning change. 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: 16. ORDINANCE NO. 027544 Ordinance amending the City's Comprehensive Plan by amending the Master Sanitary Sewer Plan (Wastewater Collection System Master Plan for the Allison Wastewater Treatment Plant Service Area and the 1963 Master Sanitary Sewer Plan forAreasAnnexed in 1960 and 1961 except Four Bluff for the City of Corpus Christi) by emending the boundary of Master Plan Basin 25 in the Allison Wastewater Treatment Plant Service Area to include 63 acres currently shown as part of the Greenwood Wastewater Treatment Plant Service Area in the 1963 Master Sanitary Sewer Plan for Areas Annexed in 1960 and 1961 except Flour Bluff for the City of Corpus Christi. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummel[, Kelly, Leal, McCut h n, Mar , and Martinez, voting "Aye". " Mayor Garrett referred to Item 17, and a motion was made, seconded and passed to open the following public hearing: 17.a. Public hearing regarding an amendment to the FY 2006 and FY 2007 Consolidated Annual Action Plans regarding the use of Community Development Block Grants (CDBG) Program funds for the Nueces Lofts L.P. project. Director of Community Development Daniel Gallegos referred to a powrp int presentation including the background and original proposal for the Nueces Lofts L.P.; amended proposal from Nueces Lofts L.P.; map of the amended proposal; diagram of property; sources of funding; proposed budget; proposed pro forma; and recommendations. Mayor Garrett called for comments from the audience. Errol Summerlin, Texas Rio Grand Aid and representative of the Hillcrest Residents Association, said the association is against staff's recommendation and don't believe that this project is an eligible activity for CDBG funds. Abel Alonzo, 1701 Thames, asked the number of apartment accessible to the disabled and said he believed in inclusive environments. Norma Urban, Downtown Management District (DMD), said the DMD board supported the project and spoke regarding the need for garage parking areas. John Bell, representative for Nueces Lofts L.P., provided a background of the development of the Nueces Building and the need for downtown development parking. Bill Hoover, Developer, spoke regarding the deed restriction for the parking lots and occupancy for the downtown area. Council members asked questions regarding whether the project complies for CDBG funding; amended proposal; lease holder for the Ward Building; budget; annual lease payments; and improvements. Minutes — Regular Council Meeting December 18, 2007 -- Page 10 Mr. Kelly made a motion t close the public hearing, seconded by Ms. Martinez, and passed. Mr. Chapa polled the Council for their votes as follows: 17.b. MOTION NO. 2007-330 Motion authorizing the City Manager or his designee to amend the FY 2006 and FY 2007 Consolidated Annual Action Plan regarding the use of CDBG Program funds for the Nueces Lofts L.P. project. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, M Cutch n, Marez, and Martinez, voting "Aye"; Leal voting "No". 17.c. MOTION NO. 2007-331 Motion authorizing the City Manager or his designee to execute a sales contractforproperty to be acquired by the City of Corpus Christi from Beach Center Corporation located at 501/513 Chaparral Street a.k.a. Lots 1-4, Block 11, Beach Portion, Corpus Christi, Texas (approximately 24,990 square feet). The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, McCutchon, Marez, and Martinez, voting ;Aye"; Leal voting "No". * * * ******* * * * Mayor Garrett opened discussion on Item 18 regarding the timetable for the FY2008 Consolidated Plan and reaffirming the CDBG/Home Program objectives. Director of Community Development Daniel Gallegos said this item is to request the approval of the timetable schedule for the FY2008 Consolidated PIan/Annual Action Plan and re -affirm the CDBG/Home Program objectives and guidelines. Council members asked questions regarding the Planning Commission's previously involvement in the CDBG process and the date for the City Council public hearing. Abel Alonzo, 1 701 Thames, thanked Mr. Gallegos and staff for a job well done. City Secretary Chapa polled the Council for their votes as follows: 18.a. MOTION NO. 2007-332 Motion adopting the timetable for the FY 2008 Consolidated Plan/Anneal Action Plan that is the planning and application process for the Community Development Block Grant (CDBG), HOME Investment Partnerships (HOME) and Emergency Shelter Grants (ESG) Programs. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting ,Aye". 18.b. MOTION N N O. 2007-888 Motion reaffirming Community Development Block Grant (CABG) and HOME Investment Partnerships (HOME) Program objectives and guidelines as previously approved and amended by City Council Policy No. 9. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye". Minutes — Regular Council Meeting December ember 18, 2007 — Page 11 Mayor Garrett opened discussion on Item 19 regarding the storm water utility system and design concepts for new water and storm water rates. Assistant City Manager Oscar Martinez referred to a powerpoint presentation on storm water including the purpose of the presentation; management; regulation requirements; funding; other cities approaching the issue; utility funding recommendations from the Duncan Report; new funding mechanisms; Local Government t Code funding considerations; other Texas cities' charge methods; design considerations; Option 4 — Tiered Rate and per SF Large Commercial; Option 5 — Rate Per Equivalent Residential Unit (ERU); ; sample bills for Options 4 and 5; caveats and other considerations; exemptions; and credit and other considerations. Tony Bagwell, HDR Engineering, referred to a powerpoint presentation on water utility including factors affecting class and rate distinctions; customer classification; existing monthly minimum charge and meter ratios; recommended minimum charges; residential use patterns; proposed changes for block restructuring; redesigning of rates; recommended cost reallocations; recommended raw water and treated water volume rate per 1,000 gallons; and sample bilis. Mr. Martinez provided a brief summary of the water and storm water rates including the Overall utility funding issues; comparison of new water and storm water rates; comparison of current rates with Options 4 and 5 for residential and commercial; and next steps. Support and Education Services Superintendent for storm water Adria Schreiber -Garza provided a spreadsheet to calculate sample billing. Council members asked questions regarding land use coefficient data; con listed for Option 4; net effects; impervius cover factors; exemptions; water delivery fees; treated water outside city limit (OCL) declining block rates; increase in cost tinside citylimits (ICL) large vlume users; increase in lower consumption level; outreach from the commercial community; unity; estimate of funds collected out of water fees for storm water; projected cost for storm water capital improvements; cost for Operating storm water; funds generated for Option 4 or 5 from commercial use; recommended option; advantages for separating storm water; implementation; how much of the storm water budget was related to new development versus old development; impact fees; land use categories; otherciti that have imposed impervious cover charges. Mayor Garrett called for comments from the audience. John Kelley, 413 Waco, spoke regarding impervious cover. Mr. Marez made a motion to amend Section 3 to incorporate the following language, "approving Option 5 as the design concept for a new storm water rate structure". The motion was seconded by Mr. Kelly and passed. City Secretary Chapa polled the Council for their votes as follows: 19. RESOLUTION NO. 027545 Resolution declaring intent to establish a Storm Water Utility System for implementation in FY 2008.2009; and approving the design concepts for new Water and Storm Water rates. The foregoing resolutioli was passed and approved with the following vote: Garrett, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye"; Cooperwas absent. Minutes — Regular Council Meeting December 18, 2007 — Page 12 Mayor Garrett referred to Item 25 regarding the WorkSource Quarterly Report. Mary Ann Riojas, President/CEO of WorkSource, referred to a powerpoint presentation including board membership, requirements and responsibility; Coastal Bend representation; service delivery; investment in the Coastal Bend; maximizing training investments; activities; the facility at Sunrise Mali; characteristics and affects to the labor force; location ofjobs; and challenges and opportunities of the workforce. Mayor Garrett referred to item 26 regarding the Downtown Tax increment Financing (TIF) Zone. Director of Economic Development Irma caballero referred to a powerpoint presentation including pictures of the negative and positive aspects of the downtown area; downtown redevelopment committee recommendations; vision statement; designs and plans; infrastructure; policies and strategies; business development; marketing; organizational structure; options for a financing plan; County partnership; City/County TIP Partnership; boundaries of the TIF area; estimated downtown TIF revenues for the City; estimated revenues for other taxing entities; TIF process; 380 agreement; potential downtown TIF projects; downtown facts; strategy; and requested Council action. Council members asked questions regarding the street located on the west side of the boundary; residential area; whether the majority of the growth based on the proposed TIF is generally commercial; management of the TIF; County participation; business incentives; revenues should the County riot participate; vacant building ordinance; 380 agreement limitations; and members of the board of directors for the TIF. Ms. Leal made a motion directing staff to place a Downtown TIF on the agenda on January 29, 2008. The motion was seconded by Mr. Kelly and passed (Cooper absent). * * * * * * * * * * * * Mayor Garrett opened discussion on Item 21 and 22 regarding the Garwood Water Supply. John Wolfhope PE, Freese & Nichols, referred to a powerpoint presentation including the history of the Garwood Water Fight} overall project approach; project background and status; Phase 1 approach and options; screening criteria; options carried forward; Option 5 — Garwood Town Canal to West Mustang; Option 5 considerations; Phase 2 approach; Phase 2 results and recommendations; next steps; benefits; and Phase 2a 2b tasks and schedule. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 22. MOTION NO. 2Q07-334 Motion authorizing the City Manager or his designee to execute Amendment N. 2 to an Engineering Services Contract with Freese and Nichols, Inc., of Fort Worth, Texas, in the amount not to exceed $911,997 for the Garwood Water Supply Pipeline Routing Plan Phase 2A Services. The foregoing motion was passed and approved with the following vote: Garrett, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye'; Cooper was absent. Mayor Garrett opened discussion on item 20 regarding the FY2008 Capital Budget and Capital improvement Planning Guide. Assistant City Manager Martinez said staffwould come back to the Council in late January to consider the option of reinvesting additional dollars in the street program and the final CIP presented in May. Minute — Regular Council Meeting December 18, 2007 — Page 13 Council members asked questions regarding the inclusion of Robert Street and the street and drainage improvements to Citation Street. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 20. ORDINANCE NO. 027546 Ordinance approving the FY 2008 Capital Budget and Capital Improvement Planning Guide in the amount of $127,275,900. (First Reading 12/11/07) The foregoing ordinance was passed and approved on its second reading with the following vote: Garrett, Eli and , Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye"; Cooper was absent. Mayor Garrett opened discussion on Item 23 regarding Turner Industries. City Manager Noe announced that Item 23 was withdrawn at the request of the developer. 23. WITHDRAWN Mayor Garrett referred to the Iter 27 regarding the Packery Channel Development Plan. Project Manager Dan McGinn referred to a powerpoint presentation including the background of Packery Channel and the project; Corpus Christi lease area; aerial view of plan area; Packery Channel Development Plan map; next steps; and the proposed development areas. Council members asked questions regarding New Port Pass; boat ramp facility; funding sources; dredging costs; erosion control; and additional navigational aids. Mayor Garrett referred to Item 27 regarding a presentation on the FY2006-2007 Neighborhood Initiative Program (NIP) Progress Report, Model Block Program Update, and FY 2008 Recommended NIP Project Sites. City Manager Noe said the presentation was postponed to January 811 . Mayor Garrett called for Council concerns and reports. Council Member Hummell spoke regarding the chicken situation and a pothole in front ofthe Shutters Building on Winnebago Street. Council Member McCutchon reported a pothole on Ocean Drive between Marina Del Sol and the Spohn Pavilion. Dr. McCutchon requested information on the Development Services Advisory Group (DSAG) including the creation; charter; duties; and scope of power for the group. Dr. McCutchon asked questions regarding the City diverting effluent out the Whitecap Treatment facility. Council Member Leal wished the public Merry Christmas and Happy New Year. Ms. Leal thanked the city employees who assisted her on issues and complaints over the last seven (7) months. Minutes — Regular Council Meeting December 18, 2007 -- Page 14 Council Member Marez spoke regarding the graffiti house on D f rre t Street and Swantner Drive. Mr. Marez also wished the public Merry Christmas and Happy New Year. Council Member Martinez asked staff to follow up on an issue with Cathy Jones with Arrow Signs. Ms. Martinez thanked Police Chief Bryan Smith and Commander David Torres for dealing with a traffic and safety issue at a Westside school. Ms. Martinez thanked Interim Director of Engineering Kevin Stowers for assisting a resident on Sarita Street. Ms. Martinez wished a Merry Christmas and safe holidays. Mayor Garrett wished the public a Merry Christmas. Mayor Garrett said he looked forward to working with the Council in 2008 to develop the 2008 Bond package. There being no further business to come before the Council, Mayor Garrett adjourned the Council meeting at 6:50 p.m. on December 18, 2007.