HomeMy WebLinkAboutMinutes City Council - 01/22/2008I HEREBY CERTIFY Y that the foregoing is a true and correct copy of the minutes of the Regular
Meeting of the Corpus Christi City Council of January 22, 200 8, which were approved by the City
Council on February 12, 2008.
WITNESSETH MY HAND AND SEAL, on this the 12th day of February, 2008.
Armando Chapa
City Secretary
SEAL
MINUTES
CITY OF CORPUS CHRISTI, TEXAS
Regular Council Meeting
January 22, 2008 10:00 a.m.
PRESENT
Mayor Henry Garrett
Mayor Pro Tem Melody Cooper
Council Members:
Mike Hummell
Bill Kelly
Priscilla Leal
Michael M Cut h n
John Marez
Nelda Martinez
ABSENT
Larry Elizondo, Sr.
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 Charles S. Brown and the Pledge of Allegiance to
the United States flag was led by Council Member Mike Hummel'.
Mayor Garrett called for approval of the minutes of the regular Council meeting of January 8,
2008. A motion was made and passed to approve the minutes as presented.
* * * * * * * * * * *
Mayor Garrett called for the City Manager's report. City Manager Noe provided the Council
with information on funeral services for Police Officer Matthew Thebeau. Mr. Noe stated that the City
is requesting assistance from the state to reconstruct and analyze the incident resulting in the tragic
loss of Officer Thebeau. Mr. Noe said the emergency response to the crash of the Navy Sea Dragon
helicopter last week was a good example of how well agreements with other agencies worked to
manage the incident. Mr. Noe announced that demolition of the Semtech building at the Corpus
Christi international Airport should begin soon and take two to four weeks to complete. Mr. Noe
asked Council to notify him if they would like to attend the TX 21 meetings regarding statewide
transportation issues scheduled for Thursday, January 24th and Friday, January 25th. Mr. Noe
announced that on Thursday, January 17th a citywide effort was sponsored by the Storm Water
Department and Del Mar College regarding pesticide usage. Council Member Hummell spoke
regarding alternate sites for the police impound and the Solid Waste Transfer Station. Ms. Leal
spoke regarding the Ions of revenue at the Development Services Department.
* * * * * * * * * * * *
Mayor Garrett called for consideration of the consent -agenda (Items 2 -5). There were no
comments from the public. Council member Leal requested that Item 5 be pulled for individual
consideration. City Secretary Chapa polled the Council for their votes as follows:
Minutes — Regular Council M ting
January 22, 2008 — Page 2
2.a. MOTION NO. 2008-010
Motion authorizing the City Manager or his designee to accept additional grant funding in the
amount of $15,000 from the Executive Office of the President, Office of National Drug
Control Policy, to support the Police Department's role in the Texas Coastal Corridor
Initiative in the Houston High Intensity Drug Trafficking Area.
The foregoing motion was passed and approved with the following vote: Garrett, Cooper,
Hummell, ell, Kelly, Leal, McCutchon, Mar , and Martinez, voting "Aye"; Elizondo was absent.
2.b. ORDINANCE NO._ 027556
Ordinance appropriating $15,000 in the No. 1061 Police Grants fund from the Executive
Office of the President, Office of National Drug Control Policy to support the Police
Department's role in the Texas Coastal Corridor Initiative in the Houston High Intensity Drug
Trafficking Area.
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Garrett, Cooper, Hummel', Kelly, Leal, McCutchon, Mare } and Martinez,
voting "Aye"; Elizondo was absent.
3. MOTION NO. 2008-011
Motion approving the application from the Downtown Management District to temporarily
close Chaparral Street between Williams Street and Lawrence Street on Friday, February 1,
2008 from 5:00 p.m. to 11:59 p.m.
The foregoing motion was passed and approved with the following vote: Garrett, Cooper,
Hummell, Kelly, Leal, McCutchon, Mar , and Martinez, voting "Are", Elizondo was absent.
4. MOTION N . 2008-012
Motion authorizing the City Manager r his designee to execute a construction contractwith
RCM Construction, of Corpus Christi, Texas in the amount of $256,810 for the Wastewater
Service Line Repair and Clean -Out Installation Program FY 2008.
The foregoing motion was passed and approved with the following vote: Garrett, Cooper,
Hummell, Kelly, Leal, McCutchon, Mare , and Martinez, voting "Aye"; Elizondo was absent.
Mayor Garrett opened discussion on Item 5 regarding wastewater acreage fees. Council
Member Leal asked questions regarding whether London School Tracts is currently paying
wastewater acreage fees; if the property is platted; and whether wastewater will be available to the
property in the next 15 years. Deputy Director of development Services Johnny Perales said the
London School Tracts area is platted and the ordinance requires that platted properties pay
wastewater acreage fees. Mr. Perales added that service is not expected in the next 15 years for
that area. City Secretary Chapa polled the Council for their votes as follows:
5. RESOLUTION NO. 027557
Resolution. exempting London School Tracts, Lot 2, from payment of Wastewater Acreage
Fees pursuant to Section V.13.6.0 of the Platting Ordinance.
Minutes — Regular Council Meeting
January 22, 2008 — Page
The foregoing resolution was passed and approved with the following vote: Garrett, Cooper,
Hummel', Kelly, Leal, McCutchon, Mare , and Martinez, voting "yea; Elizondo was absent.
* * * * ********
Mayor Garrett referred to Item 8 regarding a visioning andcommunity-wide planning
initiative. Dr. Flavius Killebrew, President of Texas A M — Corpus Christi (TAMU-CC), and Dr.
Travis P. Kirkland, Interim President of Del Mar College (DMC), presented this item. Dr. Killebrew
referred to a p were int presentation including the project proposal from TAMU-CC and DMC;
guiding principles; objectives and timelines for Phases 1 through IV; DMC and TAMU-CC's offer to
initiate Phase 1; benefits; and results.
Council members asked questions regarding discussions with Corpus Christi Independent
School District (CCISD) regarding their vision; the proven process; the involvement t f TAM -CC
and Del Mar; the entity handling the initiative; and the timeframe.
* * * * * * * * * * * * *
MayrGarrettpened discussion on Item 6 regarding boards, commissions and committee
procedures. City Attorney Mary Kay Fischer explained that City Council requested that staff develop
a policy regarding the process for Council appointments to boards and commissions. Ms. Fischer
said the Legal Department and the City Secretary's Office propose three changes for consideration
including term -limiting a person for reappointment to the same board, commission or committee;
presenting board appointments no earlier than the month that the term expires unless required by
law; and that no appointments be made 30 days prior to a City Council election and extending until
the newly elected Council has taken office.
Council members asked questions regarding term expirations dates; whether passing the
resolution and ordinance binds future council actions; if there are other types of actions that can be
used to bind perspective appointments; quo warrant° proceedings; the agencies that can file quo
warrantor the issue of no state law or case addressing the appointment process; review of other
state cases; whether receiving a decision from the court regarding the Port appointment of Mike
Carrell would be beneficial; whether the appointment process has ever been challenged; if the Port
appointment took place in a public building; the problem with city appointees being sworn -in in the
council chambers or a public building; whether the ordinance language binds the Council
appointments of non -city boards and commissions; proposed language to include that all
appointments are subject to the policy; the reason Mr. ummell has changed his position regarding
perspective appointments; whether the Council can receive an advisory opinion that would not
impact the appointment of Mike Carrell; the effectiveness of the City's Port representatives; if Mr.
Carrel's actions would be valid if a court ruled that the appointment was invalid, if in other states a
board member has been unappointed; costs associated with an election; the cost associated with a
quo warrant° proceeding; the analysis of the appointment by an appellant court; the section of the
charter that deals with appointments; and the cost to add charter amendments to the general
election in April.
Dr. McCutchon made a motion to amend the resolution and the ordinance to change the
policy that appointments will be presented to City Council no earlier than 30 days before the term
expires. The motion was seconded by Mr. Kelly and passed.
Council Member Leal expressed concern that the swearing-in of all City appointees to
boards, commissionsand committees be conducted in the Cun it Chambers orin a public building.
Minutes -- Regular Council Meeting
January 22, 2008 — Page
Mr. Kelly made a motion to amend the resolution to include that the provisions apply to all
appointments made by the City Council and are not inclusive to only City boards, commissions, or
committee appointments. The motion was seconded by Ms. Martinez and passed.
Mr. Kelly made a motion to amend the ordinance to include the same provisions as the
resolution. The motion was seconded by Dr. McCutchon and passed.
Dr. McCutchon requested a written statement be provided by City Attorney Fischer stating
that the actions taken by Mike Carrell as a Port Commissioner would remain valid even if his
appointment was determined invalid by the courts.
Dr. McCutchon made a motion to direct staff` to propose a charter amendment that deals with
perspective appointments at the next charter review. The motion was seconded by Mr. Kelly and
passed.
There were no comments from the audience. City Secretary Chapa polled the Council for
their votes as follows:
6.a. RESOLUTION N . 027558
Resolution amending Council Policy 14 "Boards, commissions, and committee procedures"
to provide for eligibility for reappointment to the same board, commission, or committee; to
provide for time of consideration of appointment; and to provide for a period when no
appointments are to be made.
The foregoing resolution was passed and approved as amended with the following vote:
Garrett, Cooper, Kelly, McCutchon, and Martinez, voting "Aye"; H mm ll and Leal voting
"No"; Elizondo and Marez were absent.
6.b. ORDINANCE N, -027559
Ordinance amending Chapter 2 "Administration," Article IV "Miscellaneous boards,
commissions and committees,"Division 1 "Generally," Section 2-67 "Limitations on
appointments," of the Code of Ordinances, City of Corpus Christi, to provide for
eligibility for reappointment t the same board, commission, or committee; to provide for tim
of consideration of appointment; and to provide for a period when no appointments are to be
made.
An emergency was declared, and the foregoing ordinance was passed and approved as
amended with the following vote: Garrett, Cooper, Kelly, McCutchon, and Martinez, voting
"Aye"; Hummel' and Leal voting "No"; Elizondo and Marez were absent.
t.
Mayor Garrett referred to the Item 9 regarding a presentation on the remaining Unified
Development Code (UDC) Focus Groups' progress. Interim Assistant Director of Development
Servicbs Faryce Goode -Macon referred to a p wrp int presentation including a background of the
seven focus groups; a brief status of the base zoning, infrastructure and shared access focus
groups; the development of the administrative focus group; and the completion of the UDC.
Cliff Atnip, Chairperson of the Base Focus Group, provided information regarding meeting
dates; reviewing of buffers; and the intent to complete the review by the end of March.
Minute — Regular Council Meeting
January 22, 2008 — Page
Johnny Cotton, Chairperson of the Infrastructure Focus Group, provided an update of the
group including meeting dates; review of subdivision design and improvements; and the group
members.
Bart Braselton, Chairperson of the Shared Focus Group, provided an update of the group
including meeting dates; review of driveway design and traffic management; and completion by the
end of March.
Mr. Atnip, Mr. Cotton and Mr. Braselton requested the Council consider the final document
with focus groups' recommendations in as much of the original format as possible
Council members asked questions regarding implementation of the final document; whether
waiting for the completion of the UDC will affect other issues and the tranition at the Development
Services Department; connection of parking lots; the varying opinions from staff, the focus groups
and HDR Engineering; and the process to take over Saratoga Boulevard from the Texas
Department of Transportation (TxDOT).
Mayor Garrett called a brief recess for a special presentation; proclamations; and listen to
public comment.
* * * * * * * * * * * * *
Mayor Garrett called for petitions from the audience. Lionel Lopez, South Texas Colonia
Institute, spoke regarding ambulance service not responding to calls outside the city limits. Jack
Gordy, 4118 Bray, spoke regarding funds spent for outside attorney fees and development in the
industrial district. Janie Gordy, 4118 Bray, spoke regarding the needed improvements at the senior
centers on Tarlton Street and Lindale Street. Dan Vera, 818 Savage, spoke regarding infrastructure
improvements and the UDC. Joe Hilliard, 5418 Armstrong and host of a radio program, presented
Council Member Hummel] with an award for "Sexiest Council Member}' in Corpus Christi for 2008.
J.E. O'Brien, 4130 Pompano, spoke regarding the internal auditor position and utility rates. Carlos
Torres, President of the Corpus Christi Firefighters Association, expressed condolences on behalf of
the C.C. Firefighters Association for the death of Officer Matthew Thebeau and requested a moment
of silence.
Mayor Garrett announced that the executive session was postponed.
thereto in open session.
Section 551.074 for deliberations
Mayor Garrett opened discussion on Item 7 regarding Everhart Road Phase 1
improvements. Interim Director of Engineering Kevin Stowers -said this project provides for the
reconstruction of Everhart Road including traffic signal upgrades at Snowgoose and Cedar Pass
Drive and underground utility upgrades.
Council merribers asked questions regarding the final projects of the Bond 2004 issue;
funding from the FY2008 Capital Improvement Program (CIP); sewer and storm water upgrades;
and the age of the underground infrastructure.
Minutes — Regular Council Meeting
January 22, 2008 — Page
There were no comments from the audience. City Secretary Chapa polled the Council for
their votes as follows:
7.a. M T! N NO. 2008-013
Motion authorizing the City Manager or his designee to execute a construction contract with
SLC Construction, L. P, of Aransas Pass, Texas, in the amount of $7,454,229.87 for Everhart
Road Phase 1 Project from Saratoga Boulevard to Cedar Pass Drive for the total Base Bid
and Additive Alternates Nos. 1, 2, 3 and 4. (BOND ISSUE 2004)
The foregoing motion was passed and approved with the following vote: Garrett, Hummell,
Kelly, Leal, McCutchon, and Martinez, voting 'Aye"; Cooper, Elizondo, and Marez were
absent.
7.b. MOTION NO. 2008-014
Motion authorizing the City Manager or his designee to execute an Agreement for
Construction Materials Engineering Laboratory's Inspection and Materials Testing Services
with Rock Engineering & Testing Laboratory, of Corpus Christi, Texas, in the amount of
$51,452 for Everhart Road Phase 1 Project from Saratoga Boulevard to Cedar Pass Drive
for the total Base Bid and Additive Alternates Nos. 1, 2, 3, and 4. (BOND ISSUE 2004)
The foregoing motion was passed and approved with the following vote: Garrett, Hummell,
Kelly, Leal, McCutchon, and Martinez, voting "Aye"; Cooper, Elrod, and Marez were
absent.
Mayor Garrett called for Council concerns and reports. Council Member Martinez provided
staff with an email listing three different locations tagged with graffiti on Southern Street.
Council Member Kelly announced that the Astros caravan and Fox Sports were in Corpus
Christi. Mr. Kelly thanked the Houston Astros and the Ryan Family for their relationship and
investment in the community.
Council Member Leal expressed condolences to the family of Officer MatthewThebeau and
three soldiers that Inst their lives last week in the line of duty. M. Leal thanked Corpus Christi Police
Officers' Association President Domingo Ybarra and Felix Ochoa for their assistance in providing an
alarm system to the Gomez family in the Molina area who had been affected by home invasions. M.
Leal also thanked Officer Mike Castillo for his assistance in pursuing the suspect involved in the
home invasions. M. Leal thanked Police Chief Bryan Smith and Assistant Chief Ken Bung for
taking her to the police training area; City Manager Noe for his assistance on projects; the NAACP
for inviting her to their banquet; Tyra Pharoah for coming to Corpus Christi; Corpus Christi
Independent School District for the vision 2020 program; all City employees for their hard work; and
the alumni of the Delta Sigma Theta Sorority for holding the Martin Luther King march. M. Leal
requested an update of the department head directory and the council calendar.
Council Member McCutchon requested a copy of the minutes from the beach meeting on
sargussum last month and a summaryfthetkehlder meeting on stormwater. Dr. McCutchon
requested a review of the ordinance defining single family residents. Dr. McCutchon also spoke
regarding the ordinance relating to estate sales and illegal signs at HEB near Santa Fe Drive.
Minutes — Regular Council Meeting
January 22, 2008 — Page 7
There being no further business to come before the Council, Mayor Garrett adjourned the
Council meeting at 1:10 p.m. on January 22, 2008.