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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. * * * * * * * * * * * * * 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. * * * * * * * * * * * * *