HomeMy WebLinkAboutMinutes City Council - 01/15/2008I 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 January 15, 2008, which were approved by the City
Council on January 29, 2008.
WITNESSETH MY HAND AND SEAL, on this the 29th day of January, 2008.
Armando Chapa
City Secretary
SEAL
MINUTES
CITY OF CORPUS CHRISTI, TEXAS
Regular Council Meeting
January 15, 2008 - 10:00 a.r .
PRESENT
Mayor Henry Garrett
Mayor Pro T e m Melody Cooper*
Council Members:
Larry Elizondo, Sr.
Bill Kelly
Priscilla Leal
Michael McCutchon
John Mare**
Nelda Martinez
ABSENT
Mike Hummell
*Arrived at 10:27 a, m.
**Arrived at 10:28 a.m.
.
City Staff:
City Manager George K. Noe
City Attorney Mary Kay Fischer
City Secretary Armando Chapa
Mayor Garrett called the meeting to order in the Council Chambers of City Hall.
The invocation was delivered by Reverend Robert Malsack with First Presbyterian Church
and the Pledge of Allegiance to the United States flag was led by Council Member Bill Kelly.
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Mayor Garrett referred to Item 1 and the following board appointments were made:
Human Relations Commission
Ramiro Gamboa (Appointed and designated as Chairperson by Mayor Garrett)
Patricia E. Mattocks {Appointed}
Rene Saenz (Appointed)
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Mayor Garrett called for the City Manager's report. City Manager Noe announced that Item
10 was pulled from the agenda until January 29t'.
epealer .
Minutes — Regular Council Meeting
January 15, 2008 — Page 2
City Manager Noe said the City received final approval from the Texas Commission on
Environmental Quality (TCEQ) to operate the transfer station. Mr. Noe said staff is working with the
Buccaneer Commission to move the 2009 Blue Angels Air Show from the Naval Air Station to the
Bayfront with potential dates of July 4th or two weekends in the month of October. Mr. Noe
announced that the City is currently in negotiations with the Corpus Christi Firefighters Association
and will brief the Council on the specific issues. Mr. Noe stated staff is initiating a unit by unit review
of the entire City organization beginning with the larger operating departments which will kickoff in
January and end in May. Mr. Noe added that staff will provide Council with copies of the analysis
once completed. Mr. Noe also stated that an audit is being conducted regarding the issue of the
building permit fees that were not billed to various contractors.
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Mayor Garrett called for consideration of the consent agenda (Items 2 - 8). There were no
comments from the public. Council members requested that Items 3, 4, 5, and 6 be pulled for
individual consideration. City Secretary Chapa polled the Council for their votes as follows:
2. RESOLUTION NO. 027551
Resolution authorizing the City Manager or his designee to execute an amendment to the
Interlocal Agreement with Nueces County to participate in the Crisis Intervention Team (CIT),
to provide officers trained in crisis intervention to serve on the team, and to provide 50,000
of in-kind services for officer training to participate in the Crisis Intervention Team (CIT).
The foregoing resolution was passed and approved with the following vote: Garrett, Elizondo,
Kelly, Leal, McCutchon, and Martinez, voting "Aye"; Cooper, Hummel', and Marez were
absent.
7. FIRST READING ORDINANCE
Authorizing the City Manager r his designee to execute an amendment to the Texas
International Yacht & Jet Plane Lease Agreement (with two five-year renewals: 2008-2012
and 2013-2017) with MMD Communications, of North Palm Beach, Florida, to increase
annual term from eight days to ten (10) days, expand leased premises area, and
increase minimum annual rental fee to $30,000; and providing for publication.
The foregoing ordinan was passed and approved as amnded on its first reading with the
following vote: Garrett, Elizondo, Kelly, Leal, McCutchon, and Martinez, voting "Aye";
Cooper, Hummel', and Marezwr absent.
Mayor Garrett opened discussion on item 3 regarding the Community Outdoor Outreach
Program (CO-OP). Council Member Leal asked questions regarding the number of teens anticipated
in the program and how the teens were notified. Recreation Superintendent Stacie Talbert said that
approximately 60 to 5 kids participated in the program and the participants will be notified through a
marketing program within the junior and high schools throughout the City. City Secretary Chapa
polled the Council for their votes as follows:
3. RESOLUTION NO._ 027552
Resolution authorizing the City Manager or his designee to submit a grant application to the
Texas Parks and Wildlife Department in the amount of $30,000 to operate the Community
Outdoor Outreach Program (CO-OP), an outdoor recreation program for youth participating
in the City's summer program.
Minutes — Regular Council Meting
January 15, 2008 -- Page
The foregoing resolution was passed and approved with the following vote: Garrett,
Elizondo, Kelly, Leal, McCutchon, and Martinez, voting 'Aye", Cooper, Hummel', and Marez
were absent.
Mayor Garrett opened discussion on Item 4 regarding an application to drill State Tract 88189
Well Na. 1. Council Member Leal asked how much ad valorem taxes were anticipated for all the
wells. Director of Gas Debbie Marroquin said staff would provide that information. Council Member
McCutchon asked questions regarding the number of wells in Corpus Christi Bay; the anticipated
number of additional wells; and whether the policy will continue to allow approval of wells outside the
cluster areas. Ms. Marroquin said there were 129 wells in the marina area and that it is difficult to
predict the number of additional wells. Ms. Marroquin added that there is an ordinance regarding
the clustering of wells, however; State lease have the ability to drill anywhere. Council Member
Martinez asked for the timeline that the permit application is reviewed by the Texas General Land
Office (GLO) and the Oil and Gas Advisory Committee. Ms. Marroquin stated that this is the first
time the City has received a letter from the GLO. City Secretary Chapa polled the Council for their
votes as follows:
4. MOTION . 2008-0Q
Motion authorizing the City Manager or his designee to grant a permit to Cabot Oil and
Gas Corporation, of Houston, Texas, to drill an oil or gas well approximately three and
one half miles north of Flour Bluff in Corpus Christi Bay being State Tract 88/89 Well No. 1.
The foregoing motion was passed and approved with the following vote: Garrett, Elizondo,
Kelly, Leal, McCutchon, and Martinez, voting "Aye"; Cooper, Hummell, and Marez were
absent.
Mayor Garrett opened discussion on Item 5 regarding the Memorial Coliseum immediate
preservation requirements. In response to Mayor Garrett, Interim Director of Engineering Kevin
Stowers provided the scope of work for the project. Mayor Garrett asked questions regarding the
future plans for the Memorial Coliseum. Council Member Martinez said the Memorial Coliseum
committee will work with staff to receive guidance on the next phase to identify the best use of the
property. Council Member McCutchon asked questions regarding an itemized list of costs and the
boarding of windows and glass doors at the building. Mr. Stowers said the itemization was
inadvertently not included in the packet and would be provided at the end of the meeting. Interim
Assistant City Manager Angel Escobar explained that the entry of the building needs to be secured
because staff had discovered entry to the building. A brief discussion ensued regarding the
recommendations from the committee. City Secretary Chapa polled the Council for their votes as
follows:
5. MOTION N . 2008-007
Motion authorizing the City Manager or his designee to execute a Job OrderContract with
Alpha Building Corporation, of Corpus Christi, Texas, in the amount of $99669 for the
Memorial Coliseum Immediate Preservation Requirements.
The foregoing motion was passed and approved with the following vote: Garrett, Cooper,
Elizondo, Kelly, Leal, Marez, and Martinez, , voting `Aye"; McCutchon voting "No"; Hummell
was absent.
Council Member McCutchon stated that he voted "No" because he wanted to review the
itemization of the costs prior to the vote.
Minutes — Regular Council Meeting
January 15, 2008 — Page 4
Mayor Garrett opened discussion on Item 6 regarding the Water Garden Repairs. Council
Member Leal said the Water Garden needed to be fixed and receive continued maintenance.
Council Member Cooper asked questions regarding the delays to repair the pump since it failed in
September 2007. Mr. Stowers explained that funding needed to be available and staff had to
evaluate the extent of the work. City Secretary Chapa polled the Council for their votes as follows:
6.a. ORDINANCE NO. 027553
rdinance appropriating and transferring $500,588 from the Unreserved Fund Balance in the
No. 1020 General Fund to and appropriating in the No. 4710 Visitors Facilities Fund for the
Water Garden repairs; changing the FY 2007-2008 Operating Budget adopted by Ordinance
No. 027352 by increasing appropriations by $1 ,001,176 and increasing estimated revenues
by $500588.
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Garrett, Cooper, Elizondo, Kelly, Leal, McCutchon, Marek and Martinez,
voting "Aye"; Hummell was absent.
6.b. MOTION N. 2008-008
Motion authorizing the City Manager or his designee to execute a Job Order Contract
with Alpha Building Corporation, of Corpus Christi, Texas, in the amount of $398,732 for the
Water Garden Repairs.
The following motion was passed and approved with the following vote: Garrett, Cooper,
Elizondo, Kelly, Leal, McCutchon, Mare , and Martinez, voting "Aye"; Hummell was absent.
Mayor Garrett called for the vote on item 8 regarding the establishment of a convenience
fee. City Secretary Chapa polled the Council for their votes as follows:
8. ORDINANCE Na 027884
Amending the Code of Ordinances, City of Corpus Christi, Chapter 17, establishing a $2.50
convenience fee for residential utility payments via Internet or Automated Telephone
System; and providing for publication. (First Reading 1/08/08)
The freg ing ordinance wapassed and approved on its second reading with the fllowin
vote: Garrett, Cooper, Elizondo, Kelly, Leal, McCutchon, Mare , and Martinez, voting "Aye";
Hummel! was absent.
Mayor Garrett referred to Item 9, and a motion was made, seconded and passed to Open the
public hearing on the following zoning case:
Case _N . 1207-03, U Star of CC # IVB...L.C.: A change of zoning from a "B-4" General
Business District to an `{1.2" Light Industrial District resulting in a change of land use from
commercial t industrial on 3.117 acres out of Bohemian Colony Lands, Lot 5, Section 2,
located approximately 170 feet north of Holly Road and approximately 275 feet east of
Kostoniz Road.
Minutes — Regular Council Meeting
January 15, 2008 — Page
City SecretaryChapa stated that the Planning Commission and staff recommended denial of
�
" Light Industrial District and, in lieu thereof, approval f a Special Permit for an outdoor
the l-�
storage facility for recreational vehicles and boats, subject to a site plan and five �
conditions.
Council Member M Cut h n asked questions regarding the Planning Commission minutes
not being included
in the agenda packet and the Commission's vote. Interim Assistant Director of
Development Services Faryce Goode -Macon said the minutes were not included in the agenda
packet and that no one appeared in opposition at the hearing or in writing.
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:
9. ORDINANCE NO. 027555
Amending theZoning Ordinance, upon application by Stor f CC # IV, L.L.C., by changing
A gg r� Colony tonin map in reference to3.117 acres out of Lot 5, Section 2, Boher ia� Land,
from
"B-4" General Business District to "13-4/SP" General Business District with a Special
Permit to allow for an outdoor storage facility for recreational vehicles and boats, subject to a
sitsp lan and five conditions; amending the Comprehensive Plan to account for any
deviations n from the existing Comprehensive Plan; providing fora repealer clu ; providing
a penalty; providing for publication.
An emergency was declared, and the foregoing ordinance was passed and approved with
voting�
the following vote: Garrett, Cooper, Eli orid , Kelly, McCutchon, n, and Martinez, �`y";
Hummell, Leal, and Marez were absent.
Ma or -Garr ttend discussion on Item 11 regarding Turner Industries. Project Manager
p of the project; ect� 2006aerial
Dan McGinn referred toa powerpoint presentation including a background
photograph; summaryof the development agreement; temporary use phase site plan; and the
Phase 1 site plan.
Council members asked questions regarding the construction of a drainage ditch; the
from the retention pond; the Capital Improvement Project funding for additional
drainage
improvements
on Tuloso MidwayRoad; simultaneous construction of both theon-site and offsite
infrastructure improvements; landscaping; remedies if the conditions of the agreement are not met;
operations priorlandscaping; tolandca in ; timeline for permanent improvements; and the location for hiring.
John G lashe Senior Vice President for Turner Industries, said the company will comply
y�
with all of therequirements
ordinance and hiring would be done at the current location until
permanent occupancy.
There
were no c rr m nts from the audience. City Secretary Chapa polled the Council for
their votes as follows:
Minute — RegularCouncil Meeting
January 15, 2008 — Page
11. MOTION IVO. 2008-009
Motion authorizing the City Manager to execute a Development Agreement with Turner
Industries, LLC (Developer), to establish development requirements for a pipe fabrication
facility located at the intersection of 1H-37 and Clarkwood Road.
The foregoing motion was passed and approved Frith the following vote: Garrett, Elizondo,
Kelly, Leal, M Cut hon, and Martinez, voting "Aye"; Cooper, Hummell, and Marez were
absent.
Mayor Garrett referred toItem 1 2, a presentation by the Texas Department of Transportation
y
(TxDOT). District Engineer Craig Clark announced that today's presentation included an update on
the 1-69/Texas Transportation Corridor TTC and a presentation on the cash flow crisis. Mr. Clark
referred to a powerpoint presentation regarding the 1-6 / TTC including a background of the project;
purpose of the project; tier one study; draft environmental impact study; recommended tier two study
area; map of the southern end of 1-69/17C; town hall meetings; public hearings; corridor segment
committees; private investors; and timeline for events associated with the project.
Council members asked questions regarding the location of the road; if two different
alternatives arbeing considered; the similarity to Interstates 10 and 12; ifthe federal government's
position is that Five Points is too constricted; whether the Port facilities will have access to the corridor if the road is northwest of the City; the level of participation requested from the local
government; rnment; the width of Highway 77 right-of-way between Woodsboro, Refugio and Corpus Christi;
the defined width of the corridor; rail lines; the purpose of consolidation; if TTC 35 is a TxDOT
project; whether TTC 35isa concurrent or competing project; deadline for the Request for Proposal
j �
(RFP), segment committees role, and whether interstate Highway 37 is included in the project.
Mayor Garrett called for a brief recess to present proclamations and listen to public
comment.
Mayor Garrett called for petitions from the audience. Wayne Hayes spoke regarding
waterways; the public showers at Magee Beach; and pollution. Tony Hartwell spoke regarding the
procedures at the Animal Care Services Department. Carlos Torres, President of the Corpus Christi
Firefighters Association, spoke regarding the deployment of squad units.
Mayor Garrett announced the executive session, which was listed on the agenda as follows:
16. Executive Session under Texas Government Code Section 551.071 regarding Title VI
Complaint of Hillcrest Residents Association against the City of Corpus Christi, filed with the
United States Environmental Protection Agency (EPA) and United States Department of
Housing and Urban Development (HUD), with possible discussion and actions related
thereto in open session.
The Council went into executive session. The Council returned from executive session.
Minute — Regular Council Meeting
January 15, 2008 — Page
Mayor Garrett returned to Item 12 regarding an update from the Texas Department of
Transportation TxD T . District Engineer Craig Clark referred to a powerpoint presentation
regardingthe cash flowproblemsincluding the impact of inflation; State gas taxallocation; cash flow
plan for pre -2007 and t-2 session; utilization f the federal gas taxdollar; uncertainty of
�
federal formula program funding; other Department of Transportation issues; increased demand on
thea
highway stem, TxDOT strategy; mobility projects scheduled for F 2 ; and additional
projects to be delayed from F.
Council members asked questions regarding the affects of the delay of Carbon Plant Road
1H-37 and the priority; traffic relief until the completion of the Joe Fulton Corridor; and research as to
whether Houston or other cities in Texas charge recovery costs to pay for streets and highways.
Mayor Garrett referred to item 13 regarding a presentation on the proposed plan for Padre
Staples Mali. Terry Il me i, President/CEO ofPresident/C Trademark Properties, referred to a powerpoint
presentation in ludin the reasons to develop in Corpus Christi; Perryman Economic Impact Study;
reasons for improving Padre Staple ^di background ofTrademark Property Company; examples
of Trademark projects; design r_r -fin anial partner; project update; vision; preliminary
r
perspectives; revitalization features, phasing description; and an estimated timeline.
Andrew illliller Miller Capital Advisors/Institutional Mali Investors (IM1) provided a background
of his firm and other investment properties. Mr. Miller stated that mails need to be cnnstantly
reinvented in order to stay relevant t i the trade and customers. r. Miller added that Pad. - Staples
Mall has not kept up with the pace with the industry and that this redevelopment will allow for the
opportunity to re -position the asset for the residents of Corpus Christi.
David Pettit, Gideon Tal Inc., spoke regarding sales tax; increased occupancy at Padre
Staples Malls qualityf tenants; public incentive; Perryman report; direct impacts; and public/private
p
partnership.
Council members asked questions regarding whether previous Trademark partnerships with
other communities were new projects orredevelopment projects; anticipated returns fr inveting in
Padre Staples Mali; leakage; whether the market is capable of support two projects; the connection
of Miller Capital and IMI; the percentage of Miller Capital in mall investing; possibility of growing past
p p
at Padre Staples Mali; Dillard' renovations; commitment of quality merchandise from
theproperty p
r; whether the acquisition f Padre Staples Mali is not contingent upon acquisition of
anchor
the Staples Center; the amended Perryman Economic Impact Study; attrition of retail movement;
cross border retail trade; use of local and minority contractors; and the types of public art
considered.
Mayor Garrett referred to item 14 regarding the Utility Alternative Financing Study by Duncan
and Associates. Jim Duncan, Duncan and Associates, referred to a pwerpint presentation
including background round f the consultant personnel; map of infrastructure financing; purpose of the
project; order of the presentation; alternative financing methods; surveys of other Texas cities for
capital facility finan ing and utility rate comparison; current wastewater financing system;
trunk/collection line financing; wastewater financing issues; wastewater alternatives; wastewater
recommendations; current storm water financing; storm water financing issues; storm water
financing alternatives; storm water recommendations; and a summary of the recommendations.
Council members asked questions regarding impact fees addressing issues for new
development; balance between residential and commercial customers; the affect of storm water
utility rates on single family residents; and "true" pro rata fees.
Minutes — Regular Council Meeting
January 15, 2008 — Page
Mayor Garrett referred to Item 15 regarding proposed changes to the methods of wastewater
acreage and lot fee assessment associated with new development. Deputy Director of Development
Services Johnny Perales referred to a pwrpoint presentation including a history of the trust funds;
steps toward restructuring of developer trust funds; developer issues; review of wastewater
infrastructure roles and responsibilities; projects urrently included in thCity's shortand long range
CIP; proposed fee process; summary of platting activity for 2006; wastewater fee assessments
scenarios based on service factors; and a summary of anticipated wastewater trunk system trust
fund revenues and expenditures.
Council members asked questions regarding financing forwa to rater lift stations and force
main lines prior to1982; whether the City has stopped allowing lift stations and force mains to be
reimbursed from the trunk line trust fund; should the City stop allowing reimbursement from the trut
fund; {`true" pro rata fees; comparison of platting activity for 2007; proposed fee structure based on
the size of the pipe per the 2003 Plumbing Code; historical water use service factor; options for
addressing anticipated shortfall; developer fee increases of more than 15%; solvency of the trust
fund; impact fees; whether the City has done an impact study; whether the City's path of increasing
fees is aimed at increasing infill development; and developer feedback.
City Manager Noe said staff` would develop two to three different scenarios to ensure the
solvency ofthe trust fund including increasing fees and/or reducing eligible reimbursements within
the next month.
* * * * * * * * ***
Mayor Garrett called for Council concerns and reports. Council Member Leal thanked the
Police Department, Fire Department paramedics and firefighters, and all city employees for their
work. Ms. Leal also thanked Judge Henry Santana, Judge Robert Baldra, Judge Joe Gonzalez
and Dr. Stuart Elovitz for inviting her to speak to the children regarding juvenile justice.
Mayor Garrett asked staff if there where continuing problems regarding Animal Care
Services' procedures. Assistant City Manager Margie Rose said she would provide the Council with
the information.
There being no further business to come before the Council, Mayor Garrett adjourned the
Council meeting at 4:16 p.m. on January 15, 2008.
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