HomeMy WebLinkAboutMinutes City Council - 02/12/2008I 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 February 12, 2008, which were approved by the City
Council on February 26, 2008.
WITNESSETH MY HAND AND SEAL, on this the 26th day of February, 2008.
Armando Chapa
City Secretary
SEAL
MINUTES
CITY OF CORPUS CHRISTI, TEXAS
Regular Council Meeting
February 12, 2008 - 10:00 a.m.
PRESENT
Mayor Henry Garrett
Mayor Pro Tem Melody Cooper*
Council Members:
Larry Elizondo, Sr.
Mike Hummell
Bill Kelly
Priscilla Leal
Michael McCutchon
John Marez
Nelda Martinez
*Arrived at 10:44 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 Pastor Brian Crow with Bay Area Fellowship Church and the
Pledge of Allegiance to the United States flag was led by Council Member John Marez.
Mayor Garrett called for approval of the minutes of the regular Council meetings of January22,
2008 and January 29, 2008. A motion was made and passed to approve the minutes as presented.
* * * * * * * * * * * *
Mayor Garrett referred to Item 2 and the following board appointments were made:
Cable Communications Commission
Leo Estrada (Appointed)
Food Service Advisory Committee
Joshua Hinojosa (Appointed)
Museum of Science and History Advisory Committee
Georganne Gasaway (Appointed)
Reinvestment Zone No. Two Board
Melody Cooper (Reappointed)
Henry Garrett (Reappointed)
John E. Marez (Reappointed)
Larry Elizondo, Sr. (Appointed)
Mike Hummel) (Appointed)
Priscilla G. Leal (Appointed)
Michael McCutchon (Appointed)
Nelda Martinez (Appointed)
************
Electrical Advisory Board
Fiorentino Vasquez (Reappointed)
David S. Schury (Appointed)
Leadership Committee for Senior Services
Miltan A. Martiz (Reappointed)
Guy Williams (Reappointed)
Ronnell Bright (Appointed)
Jim Espey (Appointed)
Lisa Pollakis (Appointed)
Nicole Segovia (Appointed)
Jane Haas (Appointed)
Linda Leach (Appointed)
Minutes — Regular Council Meeting
February 12, 2008 — Page 2
Mayor Garrett called for the City Manager's report. City Manager Noe provided the Council with
a copy of the City's Annual Financial Report. Mr. Noe announced the kickoff for the "Help is Here
Express Partnership" program for prescription assistance on scheduled for Wednesday, February 13th
at City Hall. Mr. Noe announced a tentative meeting scheduled for February 26th for council members
to meet with the consulting team on the selection of the new Del Mar College President. Mr. Noe
announced that the Council mid -year retreat is scheduled for Monday, February 18th at the Museum of
Science and History. Council members spoke regarding increased security at Council meetings;
information concerning presidential candidates coming to the City; and excavation work at Heritage
Park.
* * * * * * * * * * * * *
Mayor Garrett called for consideration of the consent agenda (Items 3 - 16). Mr. Bill Kopecky
requested that Item 11 be pulled for individual consideration. Mr. Abel Alonzo requested that Items 11
and 12 be pulled for individual consideration. Council members requested that Items 3, 4,10,15, and
16 be pulled for individual consideration. City Secretary Chapa polled the Council for their votes as
follows:
5. MOTION NO. 2008-021
Motion to authorize a E-9-1-1 Service Agreement with Sprint Spectrum, L.P., of Overland Park,
KS, in the amount of $395,000 for the company to provide caller directory information and caller
location information for Sprint wireless customers 9-1-1 calls to the City Metrocom.
The foregoing motion was passed and approved with the following vote: Garrett, Elizondo,
Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye"; Cooper was absent.
6.a. RESOLUTION NO. 027569
Resolution authorizing the City Manager or his designee to accept an amended grant for
$99,876 from the Department of State Health Services for personnel costs and other expenses
relating to a plan for responding to an act of terrorism and to execute all related documents.
The foregoing resolution was passed and approved with the following vote: Garrett, Elizondo,
Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye"; Cooper was absent.
6.b. ORDINANCE NO. 027570
Ordinance appropriating an amended grant for $99,876 from the Department of State Health
Services in the No. 1066 Health Grants Fund for personnel costs and other expenses relating
to a plan for responding to an act of terrorism and to execute all related documents.
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Garrett, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez,
voting "Aye"; Cooper was absent.
7.a. RESOLUTION NO. 027571
Resolution authorizing the City Manager or his designee to accept a grant from the Texas
Department of State Health Services in the amount of $106,537 to provide for the elimination
and control of tuberculosis and to execute all related documents.
Minutes — Regular Council Meeting
February 12, 2008 — Page 3
The foregoing resolution was passed and approved with the following vote: Garrett, Elizondo,
Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye"; Cooper was absent.
7.b. ORDINANCE NO. 027572
Ordinance appropriating a grant from the Texas Department of State Health Services in the
amount of $106,537 in the No. 1066 Health Grants Fund to provide for the elimination and
control of tuberculosis.
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Garrett, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez,
voting "Aye"; Cooper was absent.
8.a. RESOLUTION NO. 027573
Resolution authorizing the City Manager or his designee to execute a Gift Agreement with the
Friends of Corpus Christi Public Libraries in the amount of $42,000 for construction and
installation of a new book -lift shaft, book -lift and machine room at the Parkdale Branch Library.
The foregoing resolution was passed and approved with the following vote: Garrett, Elizondo,
Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye"; Cooper was absent.
8.b. ORDINANCE NO. 027574
Ordinance appropriating $42,000 into the Library Capital Improvement Program (CIP) Fund No.
3210, Project No. 120095 for construction and installation of new book -lift shaft, book -lift and
machine room at the Parkdale Branch Library from the Friends of Corpus Christi Public
Libraries; changing FY 2007-2008 Capital Budget adopted by Ordinance No. 027352 to
increase appropriations by $42,000.
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Garrett, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez,
voting "Aye"; Cooper was absent.
9. MOTION NO. 2008-022
Motion authorizing the City Manager or his designee to execute Change Order No. 1 to the
construction contract with Van Fleet Construction of Kingsville, Texas, in the amount of $42,000
for the Parkdale Library Renovations for the construction and installation of a new book -lift
shaft, book -lift and machine room.
The foregoing motion was passed and approved with the following vote: Garrett, Elizondo,
Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye"; Cooper was absent.
13. MOTION NO. 2008-023
Motion authorizing the City Manager or his designee to execute a Real Estate Sales Contract
with Peter Siracusa and wife Obdulia Siracusa in the total amount of $162,792, of which
$160,792 is for land costs and $2,000 estimated in closing costs for fee simple property rights
to Parcel 1, described as 4.39 acres of land out of Lots 14 and 19, Section 20, Flour Bluff and
Encinal Farm and Garden Tracts, located west of Airline Road between Saratoga and Yorktown
Boulevards, in connection with the Brighton Park Development Project and for other municipal
purposes.
Minutes — Regular Council Meeting
February 12, 2008 — Page 4
The foregoing motion was passed and approved with the following vote: Garrett, Elizondo,
Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye"; Cooper was absent.
14.a. MOTION NO. 2008-028
Motion approving the amount of monies to be paid as cash in lieu of construction of Rodd Field
Road, a half street in accordance with the Platting Ordinance Section IV — Design Standards,
Subsection A.12.d)(1).
The foregoing motion was passed and approved with the following vote: Garrett, Elizondo,
Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye"; Cooper was absent.
14.b. MOTION NO. 2008-029
Motion authorizing the City Manager to execute a Half Street Deferment Agreement with
Yorktown Oso Joint Venture (Developer), in the amount of $31,865.94 for public improvements
including pavement, curb, gutter, and sidewalks for the future street improvements to Rodd
Field Road adjacent to the west property line of Rancho Vista Unit 3, located south of Yorktown
Boulevard and east of Rodd Field Road, in accordance with the Platting Ordinance Section IV —
Design Standards, Subsection A.12.c).
The foregoing motion was passed and approved with the following vote: Garrett, Elizondo,
Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye"; Cooper was absent.
Mayor Garrett opened discussion on Item 3 regarding the purchase of liquid aluminum sulfate
for the Water Department. Council Member Hummell asked for additional information regarding the
increased price of the chemicals. Assistant Director of Financial Services Michael Barrera said the
documentation on the pricing was marked confidential. Mr. Barrera added that Bay Chemical & Supply
has been a good supplier to the City for this product and the price increases have been substantiated.
City Secretary Chapa polled the Council for their votes as follows:
3. MOTION NO. 2008-019
Motion authorizing a supply agreement with Bay Chemical & Supply Company, of Odem,
Texas, for approximately 13,000 tons of liquid aluminum sulfate in accordance with Bid
Invitation No. BI -0075-08, based on low bid, for an estimated annual expenditure of
$1,245,400, of which $622,700 is required in FY 2007-2008. The term of the contract is for
twelve months with options to extend for up to two additional twelve-month periods, subject to
the approval of the contractor and the City Manager or his designee. This chemical will be
used by the Water Department for treatment of our water supply. Funds have been budgeted
by the Water Department in FY 2007-2008.
The foregoing motion was passed and approved with the following vote: Garrett, Elizondo,
Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye"; Cooper was absent.
Mayor Garrett opened discussion on Item 4 regarding a supply agreement for police uniforms.
Council Member Leal asked questions regarding the total number of officers and cadets and the
number of uniform sets issued to each officer. Police Chief Bryan Smith said there are approximately
440 officers and 19 cadets in the academy. Chief Smith added that the officers will receive uniforms as
replacements and will transition to the new uniform to be more cost effective. In response to Council
Member Kelly, Chief Smith said the feedback from officers on the new uniform has been positive. City
Secretary Chapa polled the Council for their votes as follows:
Minutes — Regular Council Meeting
February 12, 2008 — Page 5
4. MOTION NO. 2008-020
Motion approving a supply agreement with Nardis, Inc. of Kilgore, Texas, for Police Uniforms in
the amount of $62,430.50 of which $31,215.25 is required in FY 2007-2008. The term of the
contract will be for twelve months with an option to extend the contract for up to two additional
twelve-month periods, subject to the approval of the supplier and the City Manager or his
designee. The award is in accordance with the State's Cooperative Purchasing Program.
Funds have been budgeted by the Police Department in FY 2007-2008.
The foregoing motion was passed and approved with the following vote: Garrett, Elizondo,
Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye"; Cooper was absent.
Mayor Garrett opened discussion on Item 10 regarding the PeopleSoft software. Council
Member Martinez asked questions regarding the increased cost on maintenance since 1998 and if the
maintenance was contractual. Director of Municipal Information Systems Michael Armstrong said the
maintenance is contractual and cost increases have been approximately 18% to 22%. City Secretary
Chapa polled the Council for their votes as follows:
10.a. MOTION NO. 2008-023
Motion authorizing the City Manager or his designee to extend the agreement for Standard
Maintenance with Oracle Corporation, of Redwood Shores, Califomia in the amount of
$319,756.96 for twelve (12) months PeopleSoft software maintenance and support for Asset
Management, Accounts Payable, Benefits Administration, Budgets, General Ledger, Human
Resources, Inventory, Projects, Purchasing, Payroll, Time and Labor software based on sole
source.
The foregoing motion was passed and approved with the following vote: Garrett, Elizondo,
Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye"; Cooper was absent.
10.b. MOTION NO. 2008-024
Motion authorizing the City Manager or his designee to approve the purchase of continued
annual maintenance costs from Oracle Corporation of Redwood Shores, California for the
PeopleSoft suite of products subject to annual appropriation of funds based on sole source.
The foregoing motion was passed and approved with the following vote: Garrett, Elizondo,
Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye"; Cooper was absent.
Mayor Garrett opened discussion on Item 11 regarding the Greenwood Pool Renovations. Bill
Kopecky, 3609 Topeka, spoke regarding the use of job order contracts for bond issue projects and
asked the Council to develop a policy on this type of contract. Abel Alonzo, 1701 Thames, thanked
Interim Assistant City Manager Angel Escobar and senior staff for meeting the obligations and
commitments of the Bond 2004 issue. Mr. Alonzo also reminded the public that the City is receiving
suggestions for the Bond 2008 projects. Council Member Leal asked who the contractors are who were
selected to do job order contracts. Interim Director of Engineering Kevin Stowers stated that Alpha
Building Corporation and Nuway International were the two recommended contractors. Council
Member Elizondo asked questions regarding the method used to identify which contractor would
receive a project. Mr. Stowers explained that projects are issued based on the character and capacity
of the company and the nature of the work. In response to Ms. Leal, Mr. Stowers said he would provide
information on the company that does subcontracting. City Secretary Chapa polled the Council for their
votes as follows:
Minutes — Regular Council Meeting
February 12, 2008 — Page 6
11. MOTION NO. 2008-025
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 $149,862.61 for the
Greenwood Pool Renovations. (BOND 2004)
The foregoing motion was passed and approved with the following vote: Garrett, Elizondo,
Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye"; Cooper was absent.
Mayor Garrett opened discussion on Item 12 regarding the New Southside Fire Station No. 17.
Abel Alonzo, 1701 Thames, stated that his comments were the same as Item 11. City Secretary
Chapa polled the Council for their votes as follows:
12. MOTION NO. 2008-026
Motion authorizing the City Manager or his designee to execute a construction contract with
Van Fleet Construction of Kingsville, Texas in the amount of $1,127,653 for the New Southside
Fire Station No. 17 Project. (BOND 2004)
The foregoing motion was passed and approved with the following vote: Garrett, Elizondo,
Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye"; Cooper was absent.
Mayor Garrett opened discussion on Item 15 regarding the first amendment to the Water
Arterial Transmission and Grid Main Construction and Reimbursement Agreement submitted by Al
Development, Inc. Council Member Martinez requested a breakdown of the current construction
agreements that were approved but not completed and the current trust fund balances. City Secretary
Chapa polled the Council for their votes as follows:
15.a. MOTION NO. 2008-030
Motion approving the first amendment to Water Arterial Transmission and Grid Main
Construction and Reimbursement Agreement submitted by AI Development, Inc., owner and
developer of Airline Crossing Unit 1, located south of Lipes Boulevard and west of Airline Road
for the installation of three (3) additional 12 -inch gate valves and boxes on the 12 -inch PVC
water grid main for Airline Crossing Unit 1, located along Slough Road.
The foregoing motion was passed and approved with the following vote: Garrett, Elizondo,
Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye"; Cooper was absent.
15.b. ORDINANCE NO. 027575
Ordinance appropriating $6,846.75 from the Water Arterial Transmission and Grid Main Trust
Fund No. 540450-21805-4030 to pay the Al Development, Inc. an amended reimbursement
request for the installation of three (3) additional 12 -inch gate valves and boxes on the 12 -inch
PVC water grid main for Airline Crossing Unit 1.
An emergency was declared, and the foregoing ordinance was passed and approved with the
following vote: Garrett, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting
"Aye"; Cooper was absent.
Minutes — Regular Council Meeting
February 12, 2008 — Page 7
Mayor Garrett opened discussion on Item 16 regarding the Texas International Yacht & Jet
Plane Show Lease Agreement. Council Member Marez asked questions regarding the term increase
and the percentage of vendors last year. Marina Superintendent Peter Davidson said the term
increased to 10 days and last year vendors were 99% full. Mr. Davidson said this year's boat show is
larger than the previous year. City Secretary Chapa polled the Council for their votes as follows
16.a. MOTION NO. 2008-031
Motion to amend prior to second reading the ordinance authorizing the Texas International
Yacht & Jet Plane Show Lease Agreement to amend Section 6 of the lease regarding payment
due dates and financial documents.
The foregoing motion was passed and approved with the following vote: Garrett, Elizondo,
Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye"; Cooper was absent.
16.b. ORDINANCE NO. 027576
Authorizing the City Manager or his designee to execute an amendment to the Texas
International Yacht & Jet Plane Show 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 (8) days to ten (10) days, expand leased premises area, and increase
minimum annual rental fee to $30,000; amend Section 6 of the lease regarding payment due
dates and financial documents; and providing for publication. (First Reading 01/15/08)
The foregoing ordinance was passed and approved on its second reading with the following
vote: Garrett, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye";
Cooper was absent.
* * * * * * * * * * * * *
Mayor Garrett opened discussion on Item 25 regarding Trust for Public Lands (TPL-Texas, Inc.)
Director of Parks and Recreation Sally Gavlik explained that this item is an agreement between the City
and the Trust for Public Land to purchase 49.53 acres a year from now. Ms. Gavlik said this land will
be added to property that the City currently owns to develop approximately 163 acres for a
Conservation and Interpretative Park between Wooldridge Road, Holly Road, Oso Park and Oso Bay.
Ms. Gavlik added that the developer, Neil Amsler with Hogan Homes, is assisting with the project and
contributing his developer fees.
Mayor Garrett called for comments from the audience. Abel Alonzo, 1701 Thames, said the
project was a great way to improve the quality of life. City Secretary Chapa polled the Council for their
votes as follows:
25. MOTION NO. 2008-036
Motion authorizing the City Manager or his designee to execute all documents with the Trust for
Public Lands, a California nonprofit corporation authorized to do business in Texas as TPL-
Texas, Inc., for the purchase of a 49.53 acre tract of land situated partially in Lot 3, Lot 4, Lot
11, Lot 12, Lot 17, and Lot 18, Section 32 and Lot 17, Section 31, Flour Bluff and Encinal Farm
and Garden Tracts, to be dedicated as park land as part of the Oso CreeklOso Bay Trails,
Greenways Master Plan, with purchase price in the amount of $528,900, plus land conservation
services fee in the amount of $70,000, and closing costs in the amount of $16,433.
Minutes — Regular Council Meeting
February 12, 2008 — Page 8
The foregoing motion was passed and approved with the following vote: Garrett, Elizondo,
Hummel!, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye"; Cooper was absent.
* * * * * * * * * * * * *
Mayor Garrett referred to Item 17, and a motion was made, seconded and passed to open the
public hearing on the following street right-of-way:
17. Public hearing and First Reading Ordinance to consider abandoning and vacating a 24,638.46 -
square foot portion of the Whataburger Way public street right-of-way, located between the
Gollihar Road and Mildred Drive street rights-of-way; subject to compliance with the specified
conditions.
Deputy Director of Development Services Johnny Perales provided information on the location
of the proposed closure; responses from the public; the approval from the Traffic Advisory Committee
on January 28th; and the various conditions associated with the street closure.
Bill Kopecky, 3609 Topeka, expressed his concern regarding giving up street capacity and the
traffic volumes on Whataburger Way. Carolyn Moon, 4902 Calvin, spoke regarding traffic issues
created by the closure. James Turk, representing Whataburger Restaurants, LP, said the national
headquarters has reached its capacity. He added that the closure of the street is the best option and is
necessary for the company's growth. Lee E. Flemmings, 4602 Mildred, said Whataburger is a good
neighbor but he feels that closure of the street would create increased traffic and drainage problems.
Doris Yaklin, 4605 Mildred, spoke in opposition of the closure. Gloria Perez, representative of the
Corpus Christi Regional Economic Development Corporation requested that the Council support the
closure. Jack Gordy, 4118 Bray, spoke regarding a traffic analysis; drainage issues; and the
abandoning of public property. Mark Adame, 5242 Greenbriar, spoke in support of the closure. Roland
Garza spoke in support of the closure and encouraged the improvement of drainage. Abel Alonzo,
1701 Thames, spoke in support of the project.
Mayor Garrett postponed further discussion on this item to consider Item 24.
* * * * * * * * * * * * *
Mayor Garrett opened discussion on Item 24 regarding the naming of the People's Street T -
head Park as Norma Urban Park. Director of Parks and Recreation Sally Gavlik explained that the
Peoples Street T -Heads were designated as parks but were never named. Ms. Gavlik said that Mayor
Garrett requested that the Peoples Street T -Head Park be named Norma Urban Park. Ms. Gavlik
added that the Parks and Recreation Advisory Committee and the Marina Advisory Committee voted
unanimously to support the name request. Ms. Gavlik said Ms. Urban has been an advocate for
downtown parks and landscaping projects.
Mayor Garrett called for comments from the audience. Les Cassidy, 337 Claremore and
member of the Downtown Management District (DMD), spoke regarding the dedication Ms. Urban had
as the CEO of the DMD and supported the naming of the park.
Council Members expressed their support for recognizing Ms. Urban for her dedication and
commitment to the downtown area. City Secretary Chapa polled the Council for their votes as follows:
Minutes — Regular Council Meeting
February 12, 2008 — Page 9
24. ORDINANCE NO. 027580
Ordinance naming the park on the Peoples Street T -Head as "Norma Urban Park at Peoples
Street T -Head"; waiving the 60 -day waiting period and publication of legal notice.
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and
Martinez, voting "Aye".
Chip Urban, on behalf of his mother Norma Urban and the family, thanked the Council for
recognizing his mother.
* * * * * * * * * * * * *
Mayor Garrett returned to Item 17 regarding the proposed street closure of Whataburger Way.
Deputy Director of Johnny Perales provided a layout of the existing storm water system.
Scott Fledman, Alliance Transportation Group, said the traffic impact study was based on the
existing volume on Whataburger Way; potential growth; reduction of growth; and the possible
redevelopment of Parkdale Plaza.
Council members asked questions regarding the impact of the closure on Mildred Drive;
extending and dedicating the turning lane to Gollihar Road; emergency access to neighborhoods; the
Gollihar Road intersection; the traffic impact of the redevelopment of Parkdale Plaza; expansion and
maintenance of the street; whether the City was aware of the storm water issues; and expressed their
commitment to improve the drainage in the area.
Mr. Kelly made a motion to close the public hearing, seconded by Mr. Marez, and passed. Mr.
Chapa polled the Council for their votes as follows:
17. FIRST READING ORDINANCE
Abandoning and vacating a 24,638.46 -square foot portion of the Whataburger Way public
street right-of-way, located between the Gollihar Road and Mildred Drive street rights-of-way;
subject to compliance with the specified conditions.
The foregoing ordinance was passed and approved on its first reading with the following vote:
Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting
"Aye".
Mayor Garrett called a brief recess to present proclamations and listen to public comment.
* * * * * * * * * * * * *
Mayor Garrett called for petitions from the audience. Scott Large, 530 Hopper Drive, spoke
regarding a glass recycling project. Travis Gallo, 3531 Lawnview Street, spoke regarding glass
recycling; social benefits of recycling; and other recycling suggestions. Jack Gordy, 4118 Bray, spoke
regarding code enforcement and illegal signs. J.E. O'Brien. 4130 Pompano, spoke regarding the
reduction of utility rates. Pat Suter, 1002 Chamberlin, spoke regarding the recycling and reuse
performed by various City departments and glass recycling. Joseph Afram, 3833 Capri, spoke
regarding proposed penalty fees for vacant downtown building.
* * * * * * * * * * * * *
Minutes — Regular Council Meeting
February 12, 2008 — Page 10
Mayor Garrett announced the executive sessions, which were listed on the agenda as follows:
26. Executive session under Texas Government Code Section 551.071 regarding Cause No. 06-
469, Bemardina Ybanez, et al, vs. City of Corpus Christi, et al; and Cause No. 07-00363,
Carlos Antonio Buentello vs. City of Corpus Christi, et al, with possible discussion and action
related thereto in open session.
27. Executive session under Texas Government Code Section 551.071 regarding Cause No. 06-
4142-E, USAA County Mutual Insurance Co. vs. City of Corpus Christi and Bridgestone
Firestone North American Tire, in the District Court, 148th Judicial District, Nueces County,
Texas, with possible discussion and action related thereto in open session.
28. Executive session under Texas Government Code Section 551.071 regarding the
establishment of new rates for treated and untreated water for customers outside the city limits,
with possible discussion and action related thereto in open session.
The Council went into executive session. The Council retumed from executive session and the
following motions were passed with the following vote:
26. MOTION NO. 2008-037
Motion authorizing the City Manager to settle Cause No. 07-00383, Carlos Antonio Buentello
vs. the City of Corpus Christi et al, in the Southern District of Texas, for the total sum of
$80,000 subject to certification of funds.
The foregoing motion was passed and approved with the following vote: Garrett; Cooper,
Elizondo, Kelly, Leal, and Marez, voting "Aye"; Hummell, McCutchon, and Martinez were
absent.
27. MOTION NO. 2008-038
Motion authorizing the City Manager to settle Cause No. 06-4142-E, USAA County Mutual
Insurance Co. vs. City of Corpus Christi and Bridgestone -Firestone North American Tire, in the
District Court, 148th Judicial District, Nueces County, Texas, for the total sum of $140,000,
subject to certification of funds.
The foregoing motion was passed and approved with the following vote: Garrett; Cooper,
Elizondo, Kelly, Leal, Marez, and Martinez, voting "Aye'; Hummell and McCutchon were absent.
*************
Mayor Garrett opened discussion on Item 18 regarding the consideration of an appeal by
Rolando Garza of the Corpus Christi Cable Communications Commission's December 17, 2007
decision regarding a public access program. Mayor Garrett explained the procedures of the appeal
process. Assistant City Attorney Lisa Aguilar referred to a powerpoint presentation including the
definition of commercial programming; Cable Communications Commission guidelines; and the appeal
process to the City Council. Council Member Leal requested the ordinance number and a copy of the
ordinance.
Rolando Garza provided a background of the notice of violation; he stated that the banner in his
broadcast was not commercial advertising; and spoke regarding freedom of speech, an original legal
opinion by Assistant City Attorney Lisa Aguilar, and Federal Communications Commission (FCC)
Minutes — Regular Council Meeting
February 12, 2008 — Page 11
regulations. Mr. Garza said there was no solicitation or advertising on his show and asked that the
Council grant his appeal. Joan Veith, Cable Communications Commission member, said that "We the
People" newspaper is free to the public but there is a cost for subscription and therefore there was a
consensus of the Commission that the display of the banner constituted as advertisement. Carolyn
Moon, Cable Communications member, said if the sign had not been displayed, the Commission would
have had no problem with the program. John Kelley, "We the People" newspaper, said the paper does
charge for subscription if it is mailed and is supported by advertising; the website has no advertising;
and that there are commercial ads in the paper copy. Mr. Kelley stated that the paper is a commercial
product that is protected under constitution. Jack Gordy, Public Access Users Group, provided
examples of commercial violations and spoke regarding the violations on the program.
Council members asked questions regarding receipt of the notice of violation; the original legal
opinion issued by Legal staff; whether the newspaper is a non or for profit entity; protection under
constitutional right to freedom of press and how it is applicable to this situation; examples of violations
constituting advertising; consideration by Chairperson Connie Gutierrez to dismiss the violation; the
definition of remuneration; whether the sign displayed the newspaper or the website; the reasons the
legal opinion changed; the service or product promoted on the sign; how the complaint was filed;
guidelines for the display of signs; whether the program would be removed if the appeal was not
granted; the entity that develops and interprets the regulations; if product is defined in the rules;
whether cable commission members receive an orientation of the procedures and rules; and the last
violation for commercial programming.
Council Member Leal made a motion to grant Mr. Garza's appeal. The motion failed for lack of
second.
Council Member Marez suggested that the City Council or the Cable Communications
Commission explore reviewing and making amendments to clarify the public access guidelines.
Council Member Leal requested the original copy of the ordinance for Council review. Mr. Kelly
made a motion to postpone this item until the end of the meeting to review the ordinance. The motion
was seconded by Ms. Leal and passed (Marez voting "No").
Mayor Garrett opened discussion on Item 19 regarding the storm water utility system. Assistant
City Manager Oscar Martinez provided background on the intent to establish the storm water utility
system and the City Council directives. Mr. Martinez said this item declares a policy relative to the
establishment of the storm water utility system and directs staff to publish the required notice of the
consideration and adoption of an ordinance creating the storm water utility.
Council members asked questions regarding additional information on strip center meters;
timeframe for the transition from runoff coefficients to impervious cover; the use of light detection and
ranging (LIDAR) to measure impervious cover; conversations with the County on the master drainage
plan; and how the cities of San Antonio and Austin determine their storm water fees.
There were no comments from the audience. City Secretary Chapa polled the Council for their
votes as follows:
19.a. RESOLUTION NO. 027577
Resolution declaring policy relative to establishment of a storm water utility system.
The foregoing resolution was passed and approved with the following vote: Garrett, Elizondo,
Hummel!, Kelly, Leal, Marez, and Martinez, voting "Aye"; Cooper and McCutchon were absent.
Minutes — Regular Council Meeting
February 12, 2008 — Page 12
19.b. MOTION NO. 200-032
Motion directing staff to publish the required notice under Chapter 402 of the Texas Local
Government Code of a public hearing to consider adoption of an ordinance to establish a storm
water utility, and setting a public hearing to be held at the Tuesday, April 8, 2008 meeting of the
Corpus Christi City Council.
The foregoing motion was passed and approved with the following vote: Garrett, Elizondo,
Hummed, Kelly, Leal, Marez, and Martinez, voting "Aye"; Cooper and McCutchon were absent.
Mayor Garrett opened discussion on Item 20 regarding the downtown vacant building
ordinance. Director of Neighborhood Yvonne Haag introduced the presentation team including
Assistant City Attorney Gary Smith; Assistant City Attorney Elizabeth Hundley; Assistant City Manager
Margie Rose; Code Enforcement Officer Tracy Cantu; and Downtown Management District (DMD)
representative Heidi Hodva. Ms. Haag referred to a powerpoint presentation including the proposed
changes to the ordinance; purpose of the new ordinance; pictures of downtown vacant buildings;
background of the downtown revitalization; research; public input from downtown merchants and
building owners; general consensus and response to ordinance; ordinance highlights; pictures of
building currently being monitored; penalties; conclusion and recommendations.
Heidi Hodva, DMD, said the DMD created an Ad Hoc Committee that worked very closely with
staff to craft the language of the ordinance. Ms. Hodva stated that the Vacant Building Ordinance Ad
Hoc Committee approved the ordinance on behalf of the DMD.
Council Members asked questions regarding other cities that have a vacant building ordinance;
the definition of occupied floor space; enforcement of timetables; access for inspections; language in
the ordinance; the property owners timeframe to take action to correct any observed code violations;
fine notices; difficulty contacting property owners; liens against property for services rendered;
continuous abatement authority; fees; additional code enforcement officers; and responsible property
owners maintaining the codes.
Mayor Garrett called for comments from the audience. Abel Alonzo, 1701 Thames, asked for
the percentage of owners of vacant buildings in the downtown area. Joseph Afram, 3833 Capri, spoke
regarding the maintenance of his vacant property in the downtown area and the proposed fees for
vacant buildings. City Secretary Chapa polled the Council for their votes as follows:
20. FIRST READING ORDINANCE
Enacting new Article IV of Chapter 13, Code of Ordinances, entitled "Vacant Downtown
Buildings;" establishing property maintenance, security, and monitoring provisions required for
vacant downtown properties; establishing downtown vacant building registration and inspection
requirements; establishing fees; establishing enforcement provisions; providing an effective
date; providing for penalties; and providing for publication.
The foregoing ordinance was passed and approved on its first reading with the following vote:
Garrett, Cooper, Elizondo, Hummel!, Kelly, Leal, Marez, and Martinez, voting "Aye"; McCutchon
was absent.
Mayor Garrett opened discussion on Item 21 regarding amendments to the platting ordinance.
Deputy Director of Development Services Johnny Perales presented this item and said staff is
requesting an amendment to Section V.B.5.a)(1), removing the requirement for City Council approval of
all temporary "dead end" water mains.
Minutes — Regular Council Meeting
February 12, 2008 — Page 13
Mr. Kelly made a motion to approve the amendment. The motion was seconded by Mr. Marez
and passed.
There were no comments from the audience. City Secretary Chapa polled the Council for their
votes as follows:
21. ORDINANCE NO. 027578
Amending Section V.B. "Minimum Standards" of the Platting Ordinance to require looped water
lines and provide for the definitions related thereto; providing a repealer clause; providing a
penalty clause; providing for publication; and providing an effective date. (First Reading
01129108)
The foregoing ordinance was passed and approved on its second reading as amended with the
following vote: Cooper, Elizondo, Hummell, Kelly, Leal, Marez, and Martinez, voting "Aye";
Garrett and McCutchon were absent.
Mayor Garrett opened discussion on Item 22 regarding a design contract for the new Broadway
Wastewater Treatment Plant. John Cartwright, LNV/Carollo Engineering, referred to a powerpoint
presentation including project location; aerial view of the existing plant site and the project area; plant
capacity; construction phases; effects to Resaca Street; offsite elements of the project; process
components; special features; services provided by the Carollo Team through the RFP process; project
schedule; and the project team partners.
Council members asked questions regarding the amendment cost; cost of the design phase;
the scope of work during the preliminary phase; the individuals involved in negotiating the terms of the
agreement; additional changes; MGD at the existing treatment plant; size and number of clarifiers; odor
control; problems at the Greenwood plant; and the timeline of the design phase.
Mayor Garrett called for comments from the audience. Abel Alonzo, 1701 Thames, thanked
staff for their recommendation and the Council for continuing their efforts with this project. Errol
Summerlin, on behalf of the Hillcrest Residents Neighborhood Association, read a prepared statement.
Mr. Summerlin said the Association is requesting the Council consider placing the decision of the
Broadway Treatment Plant in writing to prevent changes from occurring and to exercise control of their
actions.
City Secretary Chapa polled the Council for their votes as follows:
22.a. MOTION NO. 2008-033
Motion authorizing the City Manager or his designee to execute Amendment No. 1 to an
Engineering contract with Carollo Engineers, P. C., of Phoenix, Arizona, in the amount of
$7,306,047 for a restated not to exceed contract total of $7,330,962 for the New Broadway
Wastewater Treatment Plant.
The foregoing motion was passed and approved with the following vote: Garrett, Cooper,
Elizondo, Hummell, Kelly, Leal, Marez, and Martinez, voting "Aye"; McCutchon was absent.
22.b. MOTION NO. 2008-034
Motion authorizing the City Manager or his designee to execute an Engineering contract for
peer review with Freese and Nichols Engineering, Inc., of Fort Worth, Texas, in the amount of
$339,294 for the New Broadway Wastewater Treatment Plant.
Minutes — Regular Council Meeting
February 12, 2008 — Page 14
The foregoing motion was passed and approved with the following vote: Garrett, Cooper,
Elizondo, Hummell, Kelly, Leal, Marez, and Martinez, voting "Aye"; McCutchon was absent.
Mayor Garrett opened discussion on Item 23 regarding the Rodd Field Village Improvement
District Infrastructure Improvements. Interim Director of Engineering Services Kevin Stowers stated
that the proposed construction project will correct issues associated with the Rodd Field Village
Improvement District.
There were no comments from the audience. City Secretary Chapa polled the Council for their
votes as follows:
23.a. RESOLUTION NO. 027579
Resolution expressing official intent to reimburse costs of Rodd Field Public Improvement
District Infrastructure Improvements.
The foregoing resolution was passed and approved with the following vote: Garrett, Cooper,
Elizondo, Hummell, Kelly, Leal, and Marez, voting "Aye"; McCutchon and Martinezwere absent.
23.b. MOTION NO. 2008-035
Motion authorizing the City Manager or his designee to execute a construction contract with
Lakemont Construction, of Spring, Texas, in the amount of $1,650,378 for the Rodd Field
Village Improvement District Infrastructure Improvements for the Base Bid and Additive
Alternate Nos. 1, 2 and 3.
The foregoing motion was passed and approved with the following vote: Garrett, Cooper,
Elizondo, Hummell, Kelly, Leal, and Marez, voting "Aye"; McCutchon and Martinez were absent.
Mayor Garrett returned to discussion on Item 18 regarding the appeal by Rolando Garza of the
Corpus Christi Cable Communications Commission's December 17, 2007 decision regarding a public
access program.
Council Member Leal asked for the reasons the ordinance was amended on March 20, 2007.
Assistant City Attorney Lisa Aguilar stated that she did not recall the specific changes for March 20th
however periodically the Cable Communications Commission will review the ordinance and make
changes suggested by the Commission, the user's group or the cable operator. Ms. Leal asked for the
number of violations Mr. Garza would have to receive for his program to be taken off the air and Mr.
Garza's current standing on violations. Ms. Aguilar said that three violations in a six month period
would result in the forfeiture of a program for 60 days. Interim Director of E -Government Annie Leal
said that if Mr. Garza's appeal is not granted, it would be his first violation for a six month period.
Ms. Leal made a motion to grant the appeal by Rolando Garza of the Corpus Christi Cable
Communications Commission's December 17, 2007 decision regarding a public access program. The
motion was seconded by Mr. Hummell. City Secretary Chapa polled the Council for their votes as
follows:
18. FAILED
Motion to grant the appeal by Rolando Garza of the Corpus Christi Cable Communications
Commission's December 17, 2007 decision regarding a public access program.
Minutes — Regular Council Meeting
February 12, 2008 — Page 15
The foregoing motion failed with the following vote: Elizondo, Hummell, and Leal, voting "Aye";
Garrett, Cooper, Kelly, Marez, and Martinez, voting "No"; McCutchon was absent.
Mr. Garza's appeal is therefore denied.
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Mayor Garrett called for Council concerns and reports. Council Member Hummell asked staff to
investigate the possibility of a business incentive for the new coffee shop by the Hofbrau Restaurant
located at the former Stripes on Chaparral Street.
Council Member Elizondo asked how we can encourage authorities to develop stronger
enforcement laws regarding graffiti. Mr. Noe said he would work with other communities to discuss
some statutory remedies.
Council Member Marez spoke regarding the drainage issue in the Mildred Street area. Mr.
Marez requested a report on the factors affecting the American Bank Center's from receiving events.
Council Member Leal congratulated the Foy H. Moody High School students for hosting the
Health Occupational Students of America competition at Del Mar College. Ms. Leal thanked Director of
Wastewater Foster Crowell for addressing the odor control issue at the Greenwood Wastewater
Treatment Plant. Ms. Leal thanked Director of Human Relations Leon Bazar for addressing the ADA
projects; all of the city employees for their hard work; and City Manager Noe for assisting with several
issues in District 3.
Mayor Garrett also recognized Mr. Bazar for his work.
Council Member Martinez thanked staff for their outreach efforts for the 2008 Bond projects and
provided City Manager Noe with a request from Tuloso-Midway Independent School District. Ms.
Martinez asked for a status on the signage for SeaTown and the funding.
There being no further business to come before the Council, Mayor Garrett adjourned the
Council meeting at 4:31 p.m. on February 12, 2008.
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