HomeMy WebLinkAboutMinutes City Council - 01/29/20081 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 29, 200 8, which were approved by the City
Council on February 12, 200 8.
WITNESSETH MY HAND AND SEAL, on this the 12th day of February, 2008.
,ZaT_._
Armando Chapa
City Secretary
SEAL
MINUTES
CITY OF CORPUS CHRISTI, TEXAS
Regular Council Meeting
January 29, 2008 - 10:00 a.m.
PRESENT
Mayor Henry Garrett
Mayor Pro Tem Melody Cooper`
Council Members:
Larry Elizondo, Sr.
Mike Hu m ll
Bill Kelly
Priscilla Leal
Michael McCutchon
John Marez
Nelda Martinez
*Arrived at 11:51 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 Pledge of Allegiance to the United States flag was led by Mayor Henry Garrett and the
invocation was delivered by Reverend Francisco Campos with Kelsey Memorial United Methodist
Church.
Mayor Garrett called for approval of the minutes of the regular Council meeting ofJanuary
15, 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 announced that the
City of Corpus Christi was a finalist in the "2007 Best Places to Work" large company category. Mr.
Noe stated that staff is working on the refinancing of the Packery Channel bonds. Mr. Noe
announced that the construction on Doddridge Street between Ocean Drive and Santa Fe will begin
on Wednesday, February 691. Mr. Noe said staff is ontinuing to work on the audit on building fees
with initial results by next week. Mr. Noe announced the appointment of Rudy Garza as the new
Intergovernmental Relations Director. Dr. McCutchon on requested that "Slow, Children Playing" signs
be installed in the Doddridge area during construction. Council Member Leal requested that staff
develop a master plan for the west side baseball fields; provide a report to extend construction of
Greenwood Road to Horne Road; provide an update on the firefighter negotiations; and investigate
a residence on Orchid Street for raw sewage.
Mayor Garrett called for consideration of the consent agenda (Items 2 - 7). Mr. Bill Kopecky
requested that Item 7 be pulled for individual consideration. Council members requested that Items
4 and 7 be pulled for individual consideration. City Secretary Chapa polled the Council for their
votes as follows:
2. MOTION_ N . 2008-015
Motion approving the purchase of traffic signal equipment from Texas Highway Products,
LTD, of Round Rock, Texas, in accordance with Bid Invitation No. Bl -0067-08 based on low
bid for a total amount of $98,034. Funds have been budgeted by the Street Department in
FY 2007-2008.
Minutes — Regular Council Meeting
January 29, 2008 — Page
The foregoing motion was passed and approved with the following vote: Garrett, Elizondo,
Hummel', Kelly, Leal, IlCuthri, Marez, and Martinez, voting "Aye"; Cooper was absent.
3. rkilOTION N . 2008-016
Motion approving a service agreement with Ridgeways f Corpus Christi, Texas, for
blueprinting service in accordance with Bid Invitation No. BI -0002-08, based on low bid for
an estimated annual expenditure f $107,000 of whih $53,500 is required for thremainder
of FY 2007-2008. The term of the agreement will be for twelve months with an option to
extend for up to two additional twelve month periods subject to the approval of the supplier
and the City Manager or his designee. Funds have been budgeted by the using
departments in FY 2007-2008.
The foregoing motion was passed and approved with the following vote: Garrett, Elizondo,
Hummel', Kelly, Leal, McCutchon, Mar , and Martinez, voting "Aye"; Cooper was absent.
5.a. RESOLUTION NO. 027561
Resolution authorizing the City Manager or his designee to accept a grant from the Texas
Department of Public Safety Governor's Division of Emergency Management, in the amount
of $9,000 for hazardous materials emergency preparedness planning activities, in the No.
1062 Fire Grants Fund.
The foregoing resolution was passed and approved with the following vote: Garrett, Elizondo,
Hummell, Kelly, Leal, McCutchon, Mar , and Martinez, voting "Aye", Cooper was absent.
5.b. ORDINANCE NO. 027562
Ordinance appropriating $9,000 from the Texas Department of Public Safety, Governor's
Division of Emergency Management, Hazardous Materials Emergency Preparedness Grant
Program in the No. 1062 Fire Grants Fund for public awareness brochures, school book
covers, production and broadcast of public service announcements, and to conduct an
emergency response exercise, with a cash or soft match of $2,250.
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Garrett, Elizondo, Hummel!, Kelly, Leal, McCutchon, Mare , and
Martinez, voting 'Aye"; Cooper was absent.
6. ORDINANCE NO. 027563
Ordinance appropriating $19,726.24 into the Library Capital Improvement Program (CIP)
Fund No. 3210, Project No. 120095, for improvements to the Parkdale Branch Library from
the following sources: $15,155.93 from unappropriated interest earnings from the Library
Capital Improvement Program (CIP) Fund No. 3210 and $4,570.31 from royalties from oil,
gas and mineral interests bequeathed to the City from the estate of William T. Neyland;
changing FY 2007-2008 Capital Budget adopted by Ordinance No. 027352 to increase
appropriations by $19,726.24.
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Garrett, Elizondo, Hummell, Kelly, Leal, McCutchon, Mare } and
Martinez, voting "Aye"; Cooper was absent.
Minute — Regular Council Meeting
January 29, 2008 — Page 3
Mayor Garrett opened discussion on Item 4 regarding a grant application for funding
available under the Victims of Crime Act (VOCA). Council Member Leal asked that the Gomez family
affected by a home invasion on Bloomington Street be included on the crime victim's list. Police
Chief Bryan Smith said the department is working with the family. Chief Smith added that this grant
covers the salary of employees that assist victims of crime. City Secretary Chapa polled the Council
for their votes as follows:
4. RESOLUTION NO. _ 27
Resolution authorizing the submission of a grant application in the amount of $92,701 to the
State of Texas, Criminal Justice Division for Year 9 funding available under the Victims of
Crime Act (VOCA) Fund for the PoliceDepartment's Family Violence Unit with a City match
of $15,724 and $3,200 in-kind services and authorizing the City Manager or his designee to
apply for, accept, reject, alter, or terminate the grant.
The foregoing resolution was passed and approved with the following vote: Garrett, Elizondo,
Hummell, Kelly, Leal, McCutchon, Mare , and Martinez, voting "Aye"; Cooper was absent.
Mayor Garrett opened discussion on Item 7 regarding the Little Miss Kickball Concession
Stand. Council Member Hummell asked whether the concession stand is a replacement or an
additional concession. Interim Director of Engineering Kevin Stowers said the current concession
stand is in disrepair and needs to be replaced. Mr. Hummeil asked if Bill Witt Park has more than
one concession stand. Director of Parks and Recreation Sally Gavlik said each organization that
leases property at Bill Witt Park has its own concession stand.
Bill K pe ky, 3609 Topeka, spoke regarding the method and use of job order contracting.
In response to Council Member McCutchon, Mr. Stowers provided an explanation of the job order
contract requirements and process. City Secretary Chapa polled the Council for their votes as
follows:
7. MOTION N . 20087017
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 $81,379.77 for the
Little Miss Kickball Concession Stand at Bill Witt Park. (BOND ISSUE 2004)
The foregoing motion was passed and approved with the following vote: Garrett, Elizondo,
Hummel', Kelly, Leal, McCutchon, Mare , and Martinez, voting "Aye"; Cooper was absent.
Mayor Garrett referred to Item 8, and a motion was made, seconded and passed to open the
public hearing on the following platting ordinances:
8.a. Public Hearing and First Reading Ordinance amending the "Corpus Christi Platting
Ordinance" by amending Section II to provide a definition of exaction requirement; amending
Section XIII and adding new sections V-1, SCI I I.A., and SCI I I. B; to provide for development
exactions determination and an appeals process, providing a repealer clause.
8.b. Public Hearing and First Reading Ordinance amending Section V.B. "Minimum Standards" of
the Platting Ordinance to require connection to approved treated water supply, to require
looped water lines, and to modify the provisions for reimbursement and developer share of
Minutes — Regular Council Meeting
January 29, 2008 --- Page
water arterial and grid main and water distribution line construction costs; providing a
repealer clause; providing a penalty clause; providing for publication; and providing an
effective date.
City Manager Noe said this item was a council directive to present changes to the platting
ordinance that would limit trust fund use outside the city limits and eliminate dead-end mains from
the water system. Mr. Noe added that the Planning Commission tabled this item from their last
meeting. Deputy Director of Development Services Johnny Perales provided a presentation
including the proposed major change components to the platting ordinance; background of the
issues; planning commission's review on January 9thand January 23rd; to
the ordinance; discussions and primary concerns of the development community; response to
developer's concerns; and the historical activity of the trust funds. Mr. Perales stated that after a
review from the Legal Department, staff felt obligated to bring back the item to Council without
Planning Commission's recommendations to comply with the Council's directive.
Council members asked questions regarding filling gaps in growth; clarity in the water
distribution standards manual; language added at the developer's request for dead and mains;
Texas Commission on Environmental Quality's (TCEQ) limited exceptions on dead end mains;
rough proportionality; the reasons the planning commission postponed their decision; separating the
issue of dead and water lines; trust fund balance; revenue components of the trust fund; projections
for when the funds will be depleted; acreage fees; the percentage of funds from sources other than
new acreage platting; funding to reimburse the C1P fund from the wastewater trust fund; future
projects that will impact the fund; projects that aro not in the master plan; development outside the
city limits; and surcharge fees.
Dr. McCutchon made a motion on Item 8. b. to separate the dead end water line amendment
from the rest of the amendments. The motion was seconded by Mr. Kelly and passed.
Mayor Garrett called for comments from the audience. John Kelley, 3621 Austin, asked
Council to direct staff to seek input from other groups besides developers. Bill Brown, 5830 McArdle,
thanked the Council for their willingness to continua discussions on Item 8.a. and spoke regarding
the trust fund and the development community's willingness to increase platting fees. Becky Lopez,
Builders Association, said the Association strongly objects the ordinance as proposed. James
Skrobarczyk, 714 Oriole, thanked the Council for moving forward on the dead end water line
amendments and spoke regarding the meeting of the Planning Commission; the development of
trunk lines; and reimbursement from the trust fund. Abel Alonzo, 1701 Thames, thanked staff for
their work and spoke regarding community involvement.
Dr. McCutchon made a motion to postpone Item 8.a. and those portions of 8.b. that do not
relate to dead end mains. The motion was seconded by Mr. Kelly and passed.
Mr. Kelly made a motion to close the public hearing, seconded by Dr. McCutchon, and
passed. Mr. Chapa polled the Council for their votes as follows:
POSTPONED
Minutes — Regular Council Meeting
January 29, 2008 — Page
8.b. FIRST READING ORDINANCE
Amending Section V.E. "Minimum Standards" of the Platting Ordinance to require looped
water lines and provide for the definitions related thereto; providing a repealer clause;
providing a severability clause; providing a penalty clause; providing for publication; and
providing an effective date.
The foregoing ordinance was passed and approved as amended on its first reading with the
following vote: Garrett, Elizondo, Hummel!, Kelly, Leal, McCutchon, Mare , and Martinez,
voting "Aye"; ' ; Cooper was absent.
* * * * * * **
Mayor Garrett opened discussion on Item 9 regarding the continuation of the curfew
ordinance. Police Chief Bryan Smith explained that the juvenile curfew ordinance requires approval
every three (3) years and has been very successful. Judge Deanie King provided information on the
juvenile curfew violations.
Council members asked questions regarding the number of curfew violations; the reason for
the three year time period; and the phone number to report violations.
An unidentified man asked questions regarding home school students. Chief Smith said
home school students are an exception to the ordinance. Tammy Castillo, 5841 Skylark, spoke
regarding the Police Department's determination of home school students.
City Secretary Chapa polled the Council for their votes as follows:
9. ORDINANCE NO. 027564
Ordinance continuing the curfew ordinance for minors, the Code of Ordinances, City of
Corpus Christi, Sections 33-40, , 3 -41, 33-42, and 33-43.
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Garrett, Elizondo, Hummel!, Kelly, Leal, McCutchon, Marez, and Martinez,
voting 'Aye"; Cooper was absent.
Mayor Garrett called a brief recess to present proclamations and listen to public comment.
Mayor Garrett called for petitions from the audience. Carola Serrato, Executive Director of
South Texas Water Authority, provided a background of the authority and spoke regarding storm
water charges to outside city limit customers and the recommendations from the City's consultant.
Ms. Serrato said the authority is requesting that the City drop the storm water charges effective
immediately and that there be no difference based on cost of service between outside and inside
city wholesale rates. Wayne Hayes, 1919 Leopard, spoke regarding the Memorial Coliseum;
disposal of concrete from Laguna Madre and Oso Bay; water issues; and the Police Department.
Janie Gordy, 4118 Bray, requested information on the improvements at the senior centers and
thanked Council Member Leal for asking questions during the Council meetings. Jack Gordy, 4118
Bray, spoke in appreciation of Council Member Leal.
Minutes — Regular Council Meeting
January 29, 2008 — Page
Tammy Castillo, 5841 Skylark, spoke regarding the qualifications for the "Ms. Buccaneer
Pageant" sponsored by thBuccaneer Cm is i n. Heidi Hovda, invited the Council to the annual
Mardi Gras events in the DTown area. John Kelley, 3621 Austin, requested that supporting
documentation on agenda items be included in the agenda packet. Mr. Kelley also spoke regarding
Downtown Management District President Norma Urban and requested that the Council take action
to rename La Retama Park to Norma Urban Park. City Manager Noe said staff will bring back an
item for consideration of a site in the downtown area to honor Ms. Urban. Abel Alonzo, 1701
Thames, spoke in support of Item 11 and thanked the staff and the A board for their work. J.E.
O'Brien, spoke regarding the City's Annual Financial Report (CAFR).
Mayor Garrett announced the executive sessions, which were listed on the agenda as
follows:
15. Executive session under Tea Government Code Section 551.071 regarding fire collective
bargaining negotiations, with possible discussion and action related thereto in open session.
16. Executive Session under Texas Government Code Section 551.071 regarding electric
franchise with AEP Texas Central Company, with possible discussion and action related
thereto in open session.
17. Executive Session under Texas Government Code Section 551.074 for deliberations
regarding the evaluation of the City Secretary, with possible discussion and action related
thereto in open session.
The Council went into executive session. The Council returned from executive session and
the following motion was passed with the following vote:
17. MOTION NO. 2008-018
Motion authorizing a 4% salary increase for the City Secretary and payment of five (5)
additional days each of accrued vacation and sick leave at time employment ends with the
City based on his total annualized compensation at that time.
The foregoing motion was passed and approved with the following vote: Garrett, Cooper,
Elizondo, Hummell, M Cut h n, Mar , and Martinez, voting "Aye"; Kelly and Leal were
absent.
Mayor Garrett referred to Item 14 regarding development plans for Padre Island by Asset
Development Corporation. Paul Schexnailder, Asset Development Corporation, referred to a
powerpoint presentation including projects in Corpus Christi; research, assessments and studies
since 1999; next steps to enhance the island visitor experience; views of the subject properties;
development designs of three projects including Beach Walk Village and Marina, The Wharf, and
Market Landing; brand concept; and other issues.
Bob Alien, i.d.e.a.s, referred to a powerpoint presentation including a background of the
company; the company's platform; target audiences; practices of the company; partnership; the
brand ring concept; methodology; StoryJam concept; and past performance.
Minutes -- Regular Council Meeting
January 29, 2008 — Page 7
Council members asked questions regarding the Cooper Robertson drawing; cost to the City;
RFP process for the resort district area; condition of the resort district area; the reasons for not
developing the resort district; return on investment; and whether other cities have gone through an
RFP process for land.
Mayor Garrett opened discussion on Item 10 regarding I-69/Trans-Texas Corridor Project.
Interim Assistant City Manager Angel Escobar explained that this item is a resolution supporting the
-69/Trans-Texas Corridor with provisions for the construction of three projects. Mr. Escobar
provided information on the upcoming town hall meetings and public hearings.
Mayor Garrett called for comments from the audience. John Kelley, 413 Waco, suggested
that staff make a formal presentation of the draft environmental impact study before the Council
approves the resolution.
Council members asked questions regarding the three supported projects; Texas
Department of Transportation (TxDOT) projects delayed for lack of finding; and proposed
amendments to the resolution. Council Member Leal requested a copy of the draft environmental
impact study. There was a brief discussion regarding the language of the resolution.
Mr. Hummell made a motion directing staff to modify the resolution to reflect the three
initiatives that directly impact the City and eliminate the portions supporting the entire project. The
motion was seconded by Mr. Marez. There was a general consensus of the Council to delay the
vote on Item 10 to the end of the meeting to allow staff to modify the resolution.
Mayor Garrett opened discussion on Item 11 regarding Susser Holdings Corporation.
Director of Economic Development Irma Caballero made a brief presentation including the Corpus
Christi Business and Job Development Corporation (4A Board) review and approval; incentives;
background information for Susser Holdings Corporation; and the summary of employment
requirements.
Mayor Garrett called for comments from the audience. John Adams, 307 Catherine, asked
questions regarding the reason Susser Holdings Corporation is requesting a tax rebate from the
City.
Chip Bonner, representative of Susser Holdings Corporation, thanked the Council for their
support and said the new headquarters will be opened in July. City Secretary polled the Council for
their votes as follows:
11.a. RESOLUTION NO. 027566
Resolution approving a Performance Based Agreement between the Corpus Christi
Business and Job Development Corporation (4A Board) and Susser Holdings Corporation
granting $64Q,000 in business incentives for the creation and retention of jobs and relocation
of corporate headquarters in Corpus Christi.
The foregoing resolution was passed and approved with the following vote: Garrett, Cooper,
Elizondo, Hummell, Leal, McCutchon, Marez, and Martinez, voting "Aye"; Kelly abstained.
Minute — Regular Council Meeting
January 29, 2008 — Page 8
11.b. RESOLUTION NO. 027567
Resolution authorizing the City Manager or his designee to execute a Project Agreement
with the Corpus Christi Business and Job Development Corporation (4A Board) regarding
implementation and administration of the agreement to grant business incentives to Susser
Holdings Corporation for the creation and retention of jobs and relocation of its corporate
headquarters in Corpus Christi.
The foregoing resolution was passed and approved with the following vote: Garrett, Cooper,
Elizondo, Hummel!, Leal, McCutchon, Marez, and Martinez, voting "Aye"; Kelly abstained.
Mayor Garrett opened discussion on Item 12 regarding the Community Visioning and
Planning Project. City Manager Noe explained that this item is a resolution endorsing the concept of
a community visioning project and authorizes staff to work with Texas A & M University —Corpus
Christi (TAMU-CC) on an agreement for the initial phase of the project. Mayor Garrett announced
that President of the Del Mar Board of Regents Chris Adler stated that the Del Mar Board of
Regents supported the project. Mary Sherwood, TAMU-CC, was present to respond to questions.
Council members asked questions regarding the timeline for completion of the project;
whether the City can contact consultants directly to get a proposal with a timeframe and costs; the
initiative process; accomplishments of Vision 2000; what this concept will accomplish; background
of the process; the composition of the stakeholders; whether elected officials will be stakeholders;
who would dictate the design process; sources of funding; how the idea originated; P16 (pre -kinder
through college); the amount of money involved in other communities; the entity in charge of the
process and their responsibilities; and funding uses.
Mayor Garrett called for comments from the audience. John Kelley, 413 Waco and member
of the Smart Growth Initiative, suggested that stakeholders should not be in charge of the process
and including citizen groups as stakeholders.
12. RESOLUTION N.
Resolution endorsing a Community Visioning and Planning Project for the Corpus Christi
Community.
The foregoing resolution was passed and approved with the following vote: Garrett, Cooper,
Elizondo, Hummel!, Kelly, Leal, McCutchon, Marez, and Martinez, voting `Aye".
Mayor Garrett returned to Item 10 regarding the I-69/Trans-Texas Corridor Project. City
Attorney Mary Kay Fischer said staff revised the resolution based on recommendations. Mr.
Hummel' announced that he was withdrawing his previous motion directing staff to modify the
resolution to reflect the three initiatives that directly impact the City and eliminate the portions
supporting the entire project.
Mr. Rummell made a motion to substitute the amended resolution. The motion was
seconded by Mr. Marez and passed. City Secretary Chapa polled the Council for their votes on the
substitute resolution as follows:
10. RESOLUTION NO. 027565
Resolution supporting those portions of the proposed I-Trn-Texas Corridor Project as it
impacts the Corpus Christi, Texas area.
Minutes— Regular Cun it Fleeting
January 29, 2008 — Page
The foregoing resolution was passed and approved as substituted with the following vote:
Garrett, Cooper, Elizondo, Hummel!, Kelly, Leal, McCutchon, Mar , and Martinez, voting
"Aye".
".
Mayor Garrett referred to item 13 regarding policy considerations for thdevelopment of a
storm water utility. Assistant City Manager Oscar Martinez introduced the presentation team
including Tony Bagwell with HR Engineering, Director of Storm Water Operations Valerie Gray,
and Support and Education Services Superintendent Adria Schreiber -Garza. ivlr. Martinez referred
to a powerpoint presentation including enterprise fund issues; other sources of funds; basis of
measurement for impervious cover; rate design; administrative issues; exemptions; credits; and
appeals process.
Council members asked questions regarding funding support from the general fund for
management of storm water drainage; development f a true impervious cover basis; whether
residential customers will still be subsidizing commercial customers; customization of a waiver
process for impervious cover; creating policy where a land owner can pass on the cost to a lessee;
rate structure for commercial property} customers reporting impervious cover to the City;
ramifications for customers understating impervious cover; residential coefficient factor; phasing
impervious proxy to impervious cover basis; implementation of the credit or appeals process; how
the proxy system encourages commercial property owners to take the steps necessary to minimize
their impact on the storm water system; whether NAS, the Port of Corpus Christi and all industrial
districts build and maintain their own storm water system; subdivisions that own their storm water
system; whether outside city limit customers will be charged for strm watr; if there are any yuth
sports fields exempt from paying water; and the creation of a drainage district.
There was a general consensus from the Council t din staff to continue exploration of the
impervious cover.
Mayor Garrett called for Council concerns and reports. Council Member Harz thanked staff
for attending the town hall meeting at M ng r Elementary School. Mr. Mar z also invited the public
to attend the Mardi Gras celebration beginning Thursday, January 31st in the downtown area.
Council Member McCutchon asked staff to develop guidelines to improve the water quality of
runoff into the estuaries. Dr. McCutchon also requested that the sign recommendations made by
Ralph Appelbaum and Associates for the Museum of Science and History be included in the Bond
2008 project.
Council Member Leal thanked the Wastewater Department for adding chemicals to the
Greenwood Wastewater Treatment Plant and fixing problems on Orchid Lane. Ms. Leal thanked all
city employees for their hard work. Ms. Leal also thanked Director of Neighborhood Services
Yvonne Haag for resolving the issue on Indiana Avenue.
Council Member Hummell asked staff to investigate a complaint from John Tinder regarding
the release of a vehicle from the impound lot.
Council Member Cooper also thanked staff for attending the town hall meeting at Menger
Elementary. Ms. Cooper announced that the next town hall meeting will be hosted by Council
Member Leal and is scheduled on February 27th at West Oso Elementary School. Ms. Cooper
extended her condolences to the family of Officer Matthew Thebeau and the Police Department.
Minutes — Regular Council Meeting
January 29, 2008 — Page 10
Council Member Elizondo asked questions regarding the hours of operation for the graffiti
truck.
Mayor Garrett expressed his condolences to the family of former City Council Member Bob
Gulley.
There being no further business to come before the Council, Mayor Garrett adjourned the
Council meeting at 4:59 p.m. on January 29, 2008.