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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.