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HomeMy WebLinkAboutMinutes City Council - 03/25/2008I 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 March 25, 200 8, which were approved by the City Council on April 8, 2008. WITNESSETH MY HAND AND SEAL, on this the 8th day of April, 2008. Armando Chapa City Secretary SEAL PRESENT Mayor Henry Garrett Mayor Pro Tem Bill Kelly Council Members: Melody Cooper* Larry Elizondo, Sr. Mike Hummell Priscilla Leal Michael M Cut hon John Marez** Nelda Martinez*** `Arrived at 10:03 a.m. **Arrived at 10:36 a.m. ***Arrived at 11:11 a.m. MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting March 25, 2008 - 10:00 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 Reverend Michael Brundeen with Jackson Woods Presbyterian Church and the Pledge of Allegiance to the United States flag was led by Council Member Bill Kelly. Mayor Garrett called for approval of the minutes of the regular Council meeting of March 11, 2008 and the Council Retreat of February 18, 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: Electrical Advisory Committee Regional Health Awareness Board Jared M. Mendes (Appointed) Margie Rose (Reappointed) Weed and Seed Steering Committee Judy Hendricks (Appointed) * * * * * ***** Mayor Garrett called for the City Manager's report. City Manager Noe introduced the new Director of Intergovernmental Relations Rudy Garza. * * * * * * * **** Marmon Garrett opened discussion on Item 26 regarding an incentive agreementwith Corpus Christi Retail Ventures, LP. for the redevelopment of Padre Staples Mall. Assistant City Manager Oscar Martinez referred to a powerpoint presentation including background information; policy compliance; the proposed scope of the project, timeline; the initial and revised economic impact studies by the Perryman Group; Insight Research findings; the details of the agreement; and financial information. Minute — Regular Council Meeting March 25, 2008 — Page 2 Dr. Ray Perryman, The Perryman Group, responded to questions regarding the differences in the Perryman Group's economic impact studies and the analysis provided by Insight Research regarding retail potential for the area. Terry Montesi, CEO of Trademark Property Company, introduced the presentation team including Dr. Ray Perryman, David Pettit, Bill Morris, Kirby Smith, and Fred Walters. Mr. Montesi referred to a powerpoint presentation including an agenda; vision; designs for the new main entrance, outdoor lifestyle components, food court, and center court; site plan for Phases 1 and 2; policy overview; and the benefits of a public/private partnership. David Pettit, Gideon Toal Inc., thanked staff for their assistance with structuring the agreement. Mr. Pettit spoke regarding statewide public/private partnerships and the benefits of a 380 agreement. Council members asked questions regarding whether Perryman's report states that two retail centers consisting of 1.5 million square feet canco-exist; source of the dollars for net gain in retail sales; the measurement for unmet retail demand in Nueces and San Patricio Counties; the differences in the two impact studies; quality of the project; the investment in Phase 1; the City's contribution for actual improvements; relocations; development of off-site infrastructure and amenities; the capped reimbursement; developer's commitment; ent; eligible reimbursements; property tax growth rate; net present value; the base property tax for 2006; when the City received the property taxes for 2007 and why those figures were not used; and the use of local contractors. Mayor Garrett called for comments from the audience. Abel Alonzo, 1701 Thames, spoke in support of the project and economic development. Craig Loving, 1037 Stirman, spoke regarding the use of local contractors and workers on the project. Dr. Nick Adame, 6318 Senators Drive, spoke in support of the project and the impact on the community. Joan Veith, 5701 Cain Drive, spoke in support of the project and the proposed community room. City Secretary Chapa polled the Council for their votes as follows: 26. MOTION NO. 2008-081 Motion authorizing the City Manager to execute an Infrastructure Financing Agreement with Corpus Christi Retail Venture, LP (Developer) to set forth terms, conditions and obligations by which the Developer and the City intend to participate in the redevelopment and possible expansion of the Padre Staples Mall consisting of approximately one million square feet. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummel', Kelly, Leal, M Cut hon, Marez, and Martinez, voting "Aye" Mayor Garrett called for a brief recess to present proclamations and listen to public comment. Mayor Garrett called for petitions from the audience. Robert AIgeo, 15629 Three Fathoms Bank Drive, spoke regarding the Wind Turbine Conference and the sea turtle memorial project on Whitecap Boulevard. Minutes -. Regular Council Meeting March 25, 2008 — Page Mayor Garrett called for consideration of the consent agenda (Items 3 -1 . There were no comments from the public. Council members requested that Items 6, 7, 8, 9, and 12 be pulled for individual consideration. City Secretary Chapa polled the Council for their votes as follows: 3. MOTION N . 2008-074 Motion approving the purchase of approximately 5,999 tons of aggregate rock from Vulcan Construction Materials, L.P., of San Antonio, Texas in accordance with Bid Invitation No. BI - 0101 -08, I- 91 1- , based on low bid meeting specifications, for a total amount of $199,500. Funds have been budgeted by the Street Department in FY 2007-2008. The foregoing motion was passed and approved with the following vote: Garrett, Elizondo, Hummell, Kelly, Leal, McCutchon, Mare and Martinez, voting "Aye"; Cooper waabsent. 4. ORDINANCE NO. 027611 Ordinance appropriating $31,727.82 from the State of Texas in the No. 1061 Police Grants Fund — Law Enforcement Officer Standards and Education for training of police personnel and purchase of training equipment. 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, 5. RESOLUTION NO, 027612 Resolution authorizing the City Manager or his designee to submit a grant application to the Texas Commission on the Arts fora $10,000 grant to support the 2009 Festival of the Arts. The foregoing resolution was passed and approved with the following vote: Garrett, Elizondo, Hummel!, Kelly, Leal, McCutchon, Marez and Martinez, voting "Aye"; Cooper was absent. 10.a. ORDINANCE NO. 027615 Ordinance appropriating $69,115 from the Unappropriated Fund Balance in Maintenance Services Fund No. 5110 for concrete driveway repairs to the Vehicle Maintenance Fuel Facility; changing the FY 2007-2008 Operating Budget adopted by Ordinance No. 027352 by increasing appropriations by $69,11 . 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. 10.b. MOTION N. 20087077 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 $69,115 for the Vehicle Maintenance Fuel Facility to remove and upgrade the existing card reader and four fuel pumps, demolish the existing concrete drive, deteriorated asphalt and the west fuel island and construct a new fuel island and concrete paving, and install underground conduit and electrical upgrades. Minutes Regular Council Meeting March 25, 2008 — Page The foregoing motion was passed and approved with the following vote: Garrett, Elizondo, Hummel', Kelly, Leal, McCutchon, Marren and Martinez, voting "Aye"; Cooper was absent. 11. MOTION NO. 2008-078 Motion authorizing the City Manager or his designee to execute Change Order No. 8 to a construction contract with Haas -Anderson Construction in the amount of $146,532 for the Traffic Congestion Management program for an alternate access road in and out of Moore Plaza. (BOND ISSUE 2004) The foregoing motion was passed and approved with the following vote: Garrett, Elizondo, Hummell, Kelly, Leal, McCutchon, Mar and Martinez, voting "Aye; Cooper was absent. Mayor Garrett opened discussion on Item 6 regarding the 2008 Festival of the Arts. Council Member Leal asked how long it takes to receive approval of a grant after the application is submitted. Director of Parks and Recreation Sally Gavlik said that the process depends on the granting agency; however, this particular grant takes about six -months. City Secretary Chapa polled the Council for their votes as follows: 6. ORDINANCE NO. 027613 Ordinance appropriating a $7,519 grant from the Texas Commission on the Arts in the No. 1067 Arts and Cultural Commission Grant Fund for the 2008 Festival of the Arts. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Elizondo, Hummell, ll, Kelly, Leal, McCutchon, Mar and Martinez, voting "Aye"; Cooper was absent. Mayor Garrtt opened discussion on Item 7 regarding the Cefe al n u la Landfill. Council Member Humm ll asked questions regarding the excavation of the disposal cell; whether the city typically hires for excavation; and privatization of the landfill. Interim Director of Engineering Services Kevin Stowers said the excavation work includes excavation ofthe dirt, transporting the dirt to another location, testing of the material and stockpiling. Mr. Stowers added that this work is contracted out because there is no equipment at the Landfill. Mr. Stowers explained that the Landfill is privatized to run the operation at the Landfill and there is City staff to oversee the operations. Director of Solid Waste & Street Services Jeffrey Kaplan said the decision to privative the Landfill was based on a performa presented to the City and has been privatized since 2004. City Secretary Chapa polled the Council for their votes as follows: 7. MOTION NO. 2008-075 Motion authorizing the City Manager or his designee to execute a work order with BFI Waste Services of North America, Inc. (Allied Wastes) in an amount not to exceed $450,000 for advanced excavation of Cefe Valenzuela Landfill Sector 4A (next disposal cell) as an additional service under the Landfill Services Agreement. 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. Mayor Garrett opened discussion on Item 8 regarding the Texas International Boat Show. Council Member McCutchon asked questions regarding the permit application conditions. City Manager Noe said the permit was a standard form and that the applicant will comply with the lease agreement conditions as approved by the City Council, Minute — Regular Council Meeting March 25, 2008 — Page 8 Council Member McCutchon made a motion to remove Items A-V from the permit application, seconded by Ms. Leal and passed. City Secretary Chapa polled the Council for their votes as follows: 8. MOTION NO. 2008-076 Motion approving the application from MMD Communications Corporation to temporarily close the following street sections: the Peoples Street T -Head and the entire Peoples Street T -Head Water Area as outlined below for the Texas International Boat Show event to be held Thursday, April 24, 2008 through Sunday, April 27, 2008. A. The temporary street closures of northbound lanes of Shoreline Boulevard, including the medians, from the north curb line of Schatzel Street to the south right-of-way of Taylor Street, in order to facilitate the set up and tear down ofthe Texas International Boat Show beginning at 6:00 a.m. on Saturday, April 19, 2008 until 6:00 p.m. on Monday, April 28, 2008. B. This includes the entire Peoples Street T -Head Water Area encompassing Docks E, F, G, and H in the Marina, including boat slips and other amenities. The Water Premises include the northwest point of the breakwater starting from the Peoples Street T -Head following west to an equal point on the seawall in line with Taylor Street and a point south on the Peoples Street T -Head south of dock E to a point on the Seawall in line with Schatzel Street. The Peoples Street T -Head water access area closure is from April 19, 2008 at 6:00 a.m. through April 28, 2008 at 6:00 p.m. The foregoing motion was passed and approved as amended with the following vote: Garrett, Hummell, Kelly, Leal, McCutchon, Marez and Martinez, voting "Aye"; Cooper and Elizondo were absent. Mayor Garrett opened discussion on Item 9 regarding the Master Channel 27 Drainage Project. Council Member McCutchon asked how much money is being spent on Maser Channel 37 and where the funding is coming from. Interim Director of Engineering Kevin Stowers said the total project budget is approximately $14 million and funding is coming from the commercial paper program that will be reimbursed by utility rates. In response to Dr. McCutchon, City Manager Noe said that staff is working on impact fees. City Secretary Chapa polled the Council for their votes as follows: 9. RESOLUTION NO. 027614 Resolution determining a public necessity to acquire fee simple title to the surface estate only for a storm water drainage project known as the Master Channel 27 Drainage Project, Lateral `A', on five remaining tracts of land known as Parcels 10, 11a, and 12a, and related Utility Easements known as Parcels lib and 12b, for the public purpose and use as a storm water drainage channel and for other related drainage purposes, and authorizing the City Manager and the City Attorney to acquire the subject parcels by means of negotiations or exercise of the City's power of eminent domain. The foregoing resolution was passed and approved with the following vote: Garrett, Eli o do, Hummel', Kelly, Leal, McCutchon, Marez and Martinez, voting "Aye"; Cooper was absent. Minutes — Regular Council Meeting March 25, 2008 — Page Mayor Garrett opened discussion on Item 12 regarding exempting South Prairie Estates Unit 2 from payment of water and wastewater acreage fees. Council Member Leal ask why the subdivision is requesting exemption of the water fees. Deputy Director of Development Services Johnny Perales explained that if it is determined that a development will not have serviceswithin the next 15 years, acreage fees can be waived according to the platting ordinance. Mr. Perales added that staff is requesting approval to execute a Water and Sanitary Sewer Connection Agreement that will protect the City should water or wastewater services become available before the time period. Ms. Leal asked how far the development was outside the City limits. Mr. Perales stated that the subdivision is one and half miles outside the City limits. Council Member Hammell asked questions regarding the City's control to allow a development to extend a water line to the City's system. Mr. Perales said that the City is required to allow a development to extend their system to the City system should the developer make that request. Mr. Hammell asked how staff determined that water will not be extended to the area in the next 15 years. Assistant City Manager Robert Nix said there is not an existing master plan for that area. A brief discussion ensued regarding the Southside Water Storage Tank on County Road 2444. Mr. Rummell asked how the subdivision will receive water. Mr. Perales said the intent is that the development will have onsite water wells and onsite wastewater disposal. Ms. Leal asked if the development could connect to the water line at London School. Mr. Perales stated that the development could receive water if they extended the line to the City's system. Council Member McCutchon asked if the propertyownerwill be required to pays portion ofthefees ifwaterbecomes available. Mr. Perales stated that the property owner world be required to pay the fees that will be recorded in the deeds and property records. City Secretary Chapa polled the Council for their votes as follows: 12. RESOLUTION NO. 027616 Resolution exempting South Prairie Estates Unit 2, located approximately twit s outside the city limits, south of Oso Creek, and within the City's extraterritorial jurisdiction, from payment of water and wastewater acreage fees pursuant to Sections V. B. .k and V.B. . I) of the Platting Ordinance. The foregoing resolution 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 13, and a motion was made, seconded and passed to open the public hearing on the following zoning case: Ca __ . _0108-01, Roberto Cardenas: A change of zoning from a "R - l B" One -Family Dwelling District to a "R-113/PUD-2" One -Family Dwelling District/Planned Unit Development - 2 v l pment- 2 Overlay on property described as Bass Subdivision, Lot E, Block 28, located on Sandra Lane approximately 1,500 -feet east of Airline Road. City Secretary Chapa stated that the Planning Commission and staff recommended approval f an "R-113/PUD-2" One -Family Dwelling District with a Planned Unit Development -2 Overlay, subject to twelve (12) conditions. Minutes — Regular Council Meeting March 25, 2008 — Page No one appeared in opposition to the zoning change. Mr. Elizondo made a motion to close the public hearing, seconded by Mr. Kelly, and passed. Mr. Chapa polled the Council for thirvotes as follows: 13. ORDINANCE NO. 027617 Amending the Zoning Ordinance, upon application by Roberto Cardenas, by changing the Zoning Map in reference to Bass Subdivision, Lot E, Block 28, from "R-1 B» One -Family Dwelling District to "R-1B/PUD-2" B/PUD-2" One -Family Dwelling District with a Planned Unit Development -2 Overlay, subject to twelve (12) conditions; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan; providing a penalty; providing for publication. 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. Mayor Garrett referred to Item 14, and a motion was made, seconded and passed to open the public hearing on the following zoning case: Case_ No, Q208-02, George_ Hin j i_ r.: A change of zoning from a "R-1 B Ona -Family Dwelling District to a "R -1C" C" n -Family Dwelling District on property described as 0.11 acres being the west 50 feet of the east 150 -feet of Molina 2, Block 10, Lot 13, located approximately 50 feet east of the intersection of Villarreal Drive and Molina Drive. City Secretary Chapa stated that the Planning Commission and staff recommended approval of the "R -1C" One -Family Dwelling District. No one appeared in opposition to the zoning change. Mr. Elizondo made a motion t close the public bearing, seconded by Ms. Leal , and passed. Mr. Chapa polled the Council for theiryto as follows: 14. ORDINANCE NO. 027618 Amending the Zoning Ordinance, upon application by Gerge Hin j a, Jr., by changingthe Zoning Map in reference to 0.11 acres being the west 50 feet of the east 150 feet of Molina 2, Block 10, Lot 13, from "R -1B" B" One -Family Dwelling District to "R -1C" One -Family Dwelling District; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan; providing a repealer clause; providing a penalty; providing for publication. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Elizondo, Hummel!, ell, Kelly, Leal, McCutchon, Marez, and Martinez, voting 'Aye"; Cooper was absent. Mayor Garrett referred to Item 15, and a motion was made, seconded and passed to open the public hearing on the following zoning case: Case No. 0208-03, Enterprise Rent A Car: A change of zoning from a "B-1" Neighborhood Business District to a "-4" General Business District on property described as Osage Addition, Block 2, Lot 4-A, located on the west side of Everhart Road approximately 575 -feet south of Staples Street. Minute — Regular Council Meeting March 25, 2008 — Page City Secretary Chapa stated that the Planning Commission and staff~ recommended denial of a "B-4" General Business District, and in lieu thereof, approval of a Special Permit to allow for th operation of a car rental business subject to a site plan and five conditions. Council Member McCutchon asked questions regarding the provision for carwashing and vacuuming in the back of the lot. Assistant Director of Development Services Faryce Goode -flacon stated that Enterprise requested the provision and received no objection based on a survey of the neighborhood. No one appeared in opposition to the zoning change. Mr. Elizondo made a motion to close the public hearing, seconded by Mr. Kelly, and passed. Mr. Chapa polled the Council for their vto as fllws: 15. ORDINANCE NO. 027619 Amending the Zoning Ordinance, upon application by Enterprise Fent A Car, by changing the Zoning Map in reference to Osage Addition, Block 2, Lot 4-A, from "B-1" Neighborhood Business District to "B -1S" Neighborhood Business District with a Special Permit to allow for the operation of a car rental business subject to a Site Plan and five conditions; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plant providing a repealer clause; providing a penalty; providing for publication. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Elizondo, Hummel', Kelly, Leal, M Cut h n, Marez, and Martinez, voting "Aye"; Cooper was absent. Mayor Garrett referred to Item 16, and a motion was made, seconded and passed to open the public hearing on the following zoning case: Case No. 0208-05, The Mostaghasi _Investment Trust: A change of zoning from a "F -R" Farm -Rural District and a "F-1 B" One --Family Dwelling District to a "B-4" General Business District on 8.905 acres, a portion of Annex No. 1 to the Nueces River Irrigation Park, located on the northwest intersection of Northwest Boulevard (FM 624) and County Road 69. City Secretary Chapa stated that the Planning Commission re mmended denial of the "B-4" General Business District. Mr. Chapa stated that staff recommended denial of the "B-4" General Business District for the subject property, and in lieu thereof, approval of a '`B-1" Neighborhood Business District for Tract 1 fronting on Northwest Boulevard (FM 624). Assistant Director of Development Services Faryce Goode -Macon referred to a powerpoint presentation including an existing land use map; 2006 aerial photo; oblique view aerial photo; description of the "13-4" General Business District; views of the subject property; adopted land use map; ownership map; staff recommendation for Tract 1; "B-1 " Neighborhood Business District provisions; and planning commission and staffs recommendation. Ms. Goode -Macon said the 20% rule is in effect. Mayr Garrett called for comments from the audience. Dr. Lisa Mitchell, 5027 County Road 69, stated that the area of Hazel Bazemore Park has been developed as a wildlife and birding site. Dr. Mitchell spoke in opposition to the zoning change because of inadequate draining; environmental issues; and the uncertainness of the development. Sally, beau, 5001 County Road 69, spoke in opposition to the zoning change because of drainage issues. Minutes — Regular Council Meeting March 25, 2008 — Page 9 Council members asked questions regarding the allowances in "B-1" zoning; the current zoning of the subject property; the depth of Tract 1; how far Tract 1 is located from the existing homes to the north; requiring the property owner to drain to FM 624; the engineering requirement for drainage of the property; the property's natural drainage; significant land changes affecting drainage; the neighborhood's objection to re -zoning Tract 1; the proposed uses for the property; the Calallen Independent School District property; existing '`B--1" zoning for Northwest Boulevard east and west of the subject property; the total size of Tract 1; the uses for "F -R" Farm -Rural District; the "B" zoning on the other side of Northwest Boulevard; and whether convenience stores with fueling pumps are allowable in "B_1" zoning. Mr. Elizondo made a motion to close the public hearing, seconded by Mr. Kelly, and passed. Mr. Chapa polled the Council for their votes as follows: 16. FAILED District; amending the Comprehensive Plan to account for any deviations from the existing di di publication. An emergency was declared, and the foregoing ordinance failed with the following vote: Garrett, Elizondo, Kelly, M Cut h n, and Martinez, voting "Aye"; Hummel! and Leal voting "No"; Cooper and Marez were absent. Mr. Kelly made a motion to amend the ordinance by changing the zoning of Tract 1 to "B- 1A/SP" Neighborhood Business District with a Special Permit to allow for the operation of restaurants without the sale ofalholi beverages. The motion was seconded by Mr. Elizondo and passed. Mr. Chapa polled the Council for their votes as follows: 16. ORDINANCE NO. 027620 Amending the Zoning Ordinance upon application by the Mostaghasi Investment Trust, by changing thezoning- map in reference to tract 1 fronting on Northwest Boulevard (FM 624) out of 8.905 acres, a portion of Annex No. 1 to the Nueces River Irrigation Park, from "F -R" Farm -Rural District and "R -1B" One -Fa ily Dwelling District to "B-1A/SP" Neighborhood Business District with a Special Permit to allow the operation of a restaurant without the sale of alcoholic beverages; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Pian; providing a penalty; providing a repealer; providing for publication. An emergency was declared, and the foregoing ordinance was passed and approved as amended with the following vote: Garrett, Elizondo, Kelly, Hummel', Leal, McCutchon, and Martinez, voting "Aye"; Cooper and Marez were absent. Mayor Garrett recessed the regular Council meeting to hold a meeting of the North Padre Island Development Corporation. Minute — Regular Council Meeting March 25, 2008 — Page 10 Mayor Garrett reconvened the Regular Council Meeting. Mayor Garrett opened discussion on Item 18 the Packery Channel Boat Ramp Parking Lot and Access Road. City Manager Noe stated that Item 18 authorizes the acceptance of a $50O000 grant from the U.S. Fish and Wildlife Service; appropriates the grant; and authorizes the City to enter into an agreement with Garrett Construction for construction of the boat ramp parking lot and access road. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 18.a. RESOLUTION NO. 027621 Resolution authorizing the City Manager or his designee to accept a grant from the U.S. Fish and Wildlife Service in the amount of $500,000 for the Packery Channel Boat Ramp Parking and Access Road Improvements in the No. 3277 Packery Channel Capital improvement Program (CIP) Fund. The foregoing resolution was passed and approved with the following vote: Garrett, Hummell, Leal, McCutchon, Marez, and Martinez, voting "Aye"; Kelly abstained; Cooper and Elizondo were absent. 18.b. ORDINANCE NO. 027622 Ordinance appropriating $500,000 from the U.S. Fish and Wildlife Service in the No. 3277 Packery Channel Capital Improvement Program (CIP) Fund for the Packery Channel Boat Ramp Parking and Access Road Improvements; changing the FY 2007-2008 Capital Budget adopted by Ordinance No. 027456 by increasing appropriations by $5Q0,000. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Hummell, ell, Leal, McCutchon, Mare , and Martinez, voting "Aye}'; Kelly abstained; Cooper and Elizondo were absent. 18.c. RDI A CE .027623 Ordinance appropriating $350,000 from the Unappropriated Fund Balance in the einvestment Zone No. 2 Fund 1111 for the U.S. Fish and WiIdIife Service Grant Match and related project expenses for the Packery Channel Boat Ramp Parking and Access Road Improvements; changing the FY 2007-2008 Operating Budget adopted by Ordinance No. 027352 by increasing appropriations by $350,000. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Hummell, Leal, McCutchon, Mare , and Martinez, voting "Aye"; Kelly abstained; Cooper and Elizondo were absent. 18.d. MOTION NO. 2 08-079 Motion authorizing the City Manager or his designee to execute a construction contractwith Garrett Construction of Ingleside, Texas in the amount of $732,872.03 for the Packery ery Channel Boat Ramp Parking Lot and Access Road FY 2007-2008. The foregoing motion was passed and approved with the following vote: Garrett, Hummell, Leal, McCutchon, Mare , and Martinez, voting "Aye"; Felly abstained; Cooper and Eli nd were absent. Minutes — Regular Council Meeting March 25, 2008 — Page 11 Mayor Garrett opened discussion on Item 19 regarding the City of Corpus Christi's Fiscal Year. Assistant City Manager Oscar Martinez stated that City Council requested that staff analyze changing the date of the City's fiscal year. Mr.' Martinez referred to a powerpoint presentation including the issues under review; reasons to change; impacts to the tax rate, external audit and software changes; options; and recommendation. Council members asked questions regarding the external audit; whether hiring an internal uditor would correct the impact of obtaining external auditors; budgeted salaries for staffing; the current external audit firm; how long the City has used the external audit firm of Collier, Johnson, and Woods; the types of software systems; previous problems with the HTE ftrare; whether the software systems have been tested for a possible conversion; the functions of the MAXIMO system; how many department directors did not submit their review of how the change in the fiscal year would impact their departments; the health benefits open enrollment period; if a health care provided has been selected; changes to the City Charter; impacts to an internal auditor; whether staff has reviewed having the budget year start as of January 1st; receipt of the certified tax roll; whether other cities around the country are transitioning to a different budget cycle; and budget training for department heads and newly elected Council members. Mr. Marez made a motion to direct staff to continue to pursue the issue of changing the fiscal year; prepare for next fiscal year a budget that will reflect changing the budget start date, and look for external audit firm for the new schedule. The motion was seconded by Mr. Kelly and passed. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 19. ORDINANCE NO. 027624 Ordinance reaffirming the City of Corpus Christi's Fiscal Year as August 1 through July 31. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Elizondo, Hummel!, Kelly, M Cutch n, Marez, and Martinez, voting "Aye"; Cooper and Lear were absent. Mayor Garrett opened discussion on Item 25 regarding Topaz Power Group. Emily Martinez, Economic Development, explained that this item is for apprval of economic incentive agreements for the redevelopment and operation of the Nueces Bay power plant and the Barney M. Davis power plant. Ms. Martinez introduced Barbara Clemenhagan with Topaz Power Group, LLC and Eric Gei lerwith Duff & Phelps, LLC. Ms. Martinez provided a brief presentation including a background of the Topaz Power Group; the scope of the project; environmental and economic impacts; reimbursement; and the developer performance requirements. Ms. Martinez added that during the regular Council meeting on April 8th, staff will recommend to Council the following items: proposed adoption of revised tax abatement guidelines; public hearing and ordinance creating a reinvestment zone for tax abatement purposes for the Barney M. Davis Power Plant; and approving a two year tax abatement agreement for the Barney M. Davis Power Plant. Barbara Clemenhagan, Topaz Power Group, LLC, referred to a powerpoint presentation including an overview of Topaz Power Group; description of potential projects for Nueces Bay and Barney Davis; project opportunities; environmental impacts; potential economic impacts; and request for approval. Minutes — Regular Council Meeting March 25, 2008 — Page 12 Roland Mower, President/CEO of the Regional Economic Development Corporation, spoke regarding the industrial district benefits to Barney Davis; the County tax in an industrial district; the differences between the City, County and Del Mar ta abatement; ent; and the economic impact to the City. Council members asked questions regarding the tax abatement for the Barney Davis Agreement; contract comparisons with Del Mar and Nueces County; terms of the agreement; emergency services for Barney Davis; County tax in the industrial district; if Barney Davis was previously a Central Power and Light (CP&L) plant; the City's prior arrangement with CP&L; useful life of the plants; the reason for the exclusion of exhibits; the type of jobs being retained at the Barney Davis plant; whether Barney Davis is currently generating power; the assessed valuation; the creation of the reimbursement account; the difference between the ad valorem tax payments and the in -lieu of tax amount calculated; whether taxes on the existing property will ever increase; payment of ad valorem taxes on existing and constructed property; commitment to nominate developer for the 2008 Commercial Revitalization Deduction benefits; if the minimum capital investment of $445 million will occur within 36 months; factors should the developer fail to comply with the agreement; if the Refinery Terminal Fire Company (RTFC) would respond to fires at the Nueces Bay plant; and contract for city services. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 25. MOTION N10. 2008- 0 Motion approving economic incentive agreements with Nueces Bay WLE, LP and Barney M. Davis, LP for the redevelopment and operation of the Nueces Bay power plant and the Barney M. Davis power plant. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez and Martinez, voting "Are". Mayor Garrett opened discussion on Item 20 regarding the Texas Municipal Retirement System (TMRS) Actuarial Shared Services. Director of Human Resources Cynthia Garcia said this item authorizes an Interlocal Agreement with North Central Texas Council of Governments to analyze the City's funding status and required contribution rate in TMRS. Ms. Garcia referred to a powerpoint presentation including the City's THRs plan; background of the concerns raised by Chief Financial Officers (CFO) from participating cities regarding TMRS funding; TMRS board decision; TMRS communications with the participating cities; the projected increase in city's contribution rate; and recommendation. Council members asked questions regarding retirees end of the year checks; whether cost of living increases will still occur; the difference between a 25 year closed amortization period and a 25 year open amortization period; the status of the 100% Bond Portfolio in the Investment Policy and the reason for changing the policy; the impact to employees/retirees if the City closes the amortization period; the City's contribution rate for 2009; whether the City has to be a member of TMRS; and the consideration of bringing other cities together to review different investments. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: Minutes — Regular Council Meeting March 25, 2008 — Page 13 20. RESOLUTION NO. 027625 Resolution authorizing the City Manager or his designee to execute an Interlocal Cooperation Agreement with the North Central Texas Council of Governments to provide for cooperative purchasing for Texas Municipal Retirement System (TMRS) Actuarial Shared Services. The foregoing resolution was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, flare and Martinez, voting "Aye". Mayor Garrett opened discussion on Item 21 regarding an amendment to the Code of Ordinances. City Attorney Mary Kay Fischer explained that this item is to authorize the use of city issued uniforms and equipment to licensed peace officers on approved off duty assignments. Ms. Fischer added that historically police officers have been authorized to use equipment during approved off duties assignments and this amendment will include airport public safety, municipal court marshals and firefighters the same flexibility. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 21. FIRST READING ORDINANCE Amending the Code of Ordinances by amending Section 2-311, Standards, and Section 29- 49, City Marshals, regarding use of city equipment by licensed Peace Officers and Firefighters on approved off-duty assignments; providing for publication; providing an effective date, providing a repealer clause. The foregoing ordinance was passed and approved on its first reading with the following vote: Garrett, Cooper, Elizondo, Hummel], Kelly, Leal, McCutchon, hon, Mare and Martinez, voting "Aye". Mayor Garrett opened discussion on Item 22 regarding an amendment to the Code of Ordinances. Assistant City Manager Robert Nix stated that this item changes the Building Code to eliminate a one-hour fire-resistant rating on the exterior wall of single-family residences on the zero lot line side in a zero lot line subdivision. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 22. FIRST READING ORDINANCE Amending Chapter 14 "Development Services," Article 11 "Administration of Technical Construction Codes," Division 8 Residential Code, Section 14-291 Residential Construction Code, of the Corpus Christi Code of Ordinances to exempt single-family structures built in compliance with the zero lot line ordinance from having a one-hour fire -resistive rating with exposure from both sides for exterior walls on the zero lot line side; providing for publication; providing an effective date; and providing a repealer clause. The foregoing ordinance was passed and approved on its first reading with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon and Martinez, voting "Aye"; Marez was absent. Minut — Regular Cun it Meeting March h , 2008 — Page 14 Mayor Garrett opened discussion on Item 23 regarding an amendment to the Code of Ordinances. Assistant City Manager Robert Nix explained that this item amends the Plumbing Code to implement the back-flow prevention program. Mr. Nix said the program will provide penalties for citizens that don't comply. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 23. FIRST READING ORDINANCE Amending Chapter 14 "Development Services," Article 11 'City of Corpus Christi Technical Construction Codes," Division 7 "Plumbing.0 de," Section 14-281 "Plumbing Cede," of the Code of Ordinances, City of Corpus Christi, to require annual testing of back-flow prevention devices; to provide for reporting results of the arcual tests of back-flow prevention devices; providing a repealer clause, providing a penalty clause; providing for publication; and providing an effective date. The foregoing ordinance was passed and approved on its first reading with the following vote: Garrett, Cooper, Elizondo, Hummel', Kelly, Leal, McCutchon and Martinez, voting "Aye"; flare was absent. Mayor Garrett opened discussion on Item 24 regarding an amendment to the Code of Ordinance. Assistant City Manager Robert Nix said that item is an amendment to the building fees, the development services fee tables and the text that supports chose tables. In response to Council Member Leal, Mr. Nix said the system has been assessed to make sure that all fees are being charged for permits. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 24. FIRST READING 1 iNG DINANCE Amending Chapter 14 "Development Services," Article X111 "Development Service Fees" Division 1 "Technical Construction Code Fees," Section 14-1302 "Standardized Building Valuation," Section 14-1304 "Processing and Plan Review Fee,} Section 14-1306 "Special Fees,, Section 14-1308 "Refunds," Section 14-1311 "Contractor Registration Fees," Section 14-1312 "Accounting," and Section 14-1313 "Technical Construction Code Fee Schedules" of the Code of Ordinances, City of Corpus Christi, to provide for standardized building valuation, the time for payment of the nonrefundable processing and plan review fee, fees for duplicate Certificate of Occupancy and multiple plan review fees, refunding fees, lawn irrigator and backflow prevention assembly tester registration fee, and accounting of the fee revenues and expenditures; and repealing Chapter 14 "Development Services," Article XIII "Development Services Fees" Division 1 "Technical Construction Code Fees," Section 14- 1309 "Fees Rounded Off' of the Code of Ordinances, City of Corpus Christi, to delete the provision for rounding of permit fees; providing for fes fre isting applications made prior to the effective date; providing a repealer clause; and providing an effective date. The foregoing ordinance was passed and approved on its first reading with the following vote: Garrett, Cooper, Eli undo, Hummell, ell, Kelly, Leal, McCutchon and Martinez, voting "Aye"; Marez was absent. Mayor Garrett referred to Item 27 regarding the Corpus Christi Convention and Visitors Bureau (CVB) Quarterly Report. Keith Arnold, CEO of the Corpus Christi Convention and Visitors Bureau (CVB) referred to a powerpoint presentation including the mission; convention sales and Minute — Regular Council Meeting March 25, 2008 — Page 15 production; key conventions booked in 2007-2008; the Southwest Showcase; sports publications; media advertising placement; tour and travel group activities; website; communications and public relations initiatives; the nature tourism project; key action steps; and worth noting topics. A brief discussion ensued regarding the convention center and arena. Mayor Garrtt referred to Item 28 regarding the flow tranfer plan update on the Osollater Reclamation Plant to Greenwood Wastewater Treatment Plant. Govind Nadkarni, Consultant, referred to a powerpoint presentation including a map of the six treatment plants and basins; previous Council actions and status; Oso Water Reclamation Plant status; status of the Greenwood Wastewater Treatment Plant; and alternate transfer routes. Larry Urban, Urban Engineering, provided a background regarding the decision in 1997 to expand Greenwood; transfer the flow from the Oso plant; and the decision not to expand the Oso plant. Council members asked questions regarding the 050 Water Reclamation Plant exceeding capacity; whether the City has been in compliance with the Texas Commission on Environmental Quality (TCEQ); the Farm Road listed in alternate route 1; construction of a new transfer station South of Oso Creek; where the line from Oso Creek will cross to deliver water to the Greenwood Plant; the proposed location of the Oso Creek Lift Station; whether the Oso Basin and Greenwood Basin connect; how it can be less expensive to cross Oso Creek twice; the reason the route can not go from the Country Club Lift Station to the Kostoryz Lift Station to Greenwood; if the line could be installed along Oso Creek; the owner of the property adjacent to the Creek; the Cabaniss property; problems acquiring right-of-ways; permitting issues; the location of the transmission line; the difference in the number of miles if the line went from Everhart to Oso Creek and then along the Creek to Greenwood; the cost of the project; whether this project is a temporary solution; the cost to build a treatment facility; the Laguna Madre million gallons per day (MGD); expansion of Laguna Madre; a new Southside treatment plant; the reason a force main was not installed with the expansion of Saratoga; force main depth restrictions; the force main at Cimarron and Saratoga; location of SPA; draining areas; the location of Bill Witt Park to Oso Creek; the amount of unused City land near Bill Witt; the impact to development South of the Oso; size of the lift stations South of the Oso; location of the City limit line; building extra capacity to accept additional flow; exemption of acreage fees outside the City limits; proposal forwastewater; Country Creek Subdivision; when the lift station South of the Oso will be bid; whether previous council action is binding; smart growth planning; location of lift stations; the capacity of a new plant; the commitment to not expand Oso; wastewater lines in FlourBluff; the MGD at Oso in 1970's through 1980's; whether there is room to expand at Oso; the impact to Oso with the expansion of Texas A & M University — Corpus Christi; and whether the City has made any commitments based on this presentation. Council Member Hummell requested that staff provide a cost comparison between the 8.0 MGD transfer plan and installing a new plant in Site 30 and connecting to the existing force main. Mayor Garrett referred to item 29 regarding the second quarter report of Health Benefits/Risk Management Fund. Director of Human Resources Cynthia Garcia referred to a powerpoint presentation including medical claims expenses; pharmacy claims expenses; costs per member; workers' compensation and general liabilities claims, costs, and comparison on prior year claims; and the city vehicle accidents status. Council members ber asked questions regarding a program for vehicle accidents; whether the health plan rates have changed over the last five years; the hospital system that the two stop loss cases occurred; the dollar amount that triggers stop loss claims; if Humana has a representative that oversees and notifies the City of stop loss; the lifetime maximum coverage; types of education program provided by Humana; whether the City's third party administrator can go out into the market Minutes - Regular Council Meeting March 25, 2008 — Page 16 to get lower prescription costs for employees; if Humana has its own pharmacy plan; reduction of benefits; average cost for employees; the status of programs for employee clinics and fitness centers; if the fitness center is still available in City Hall; the possibility of partnering with other entities to lower rates; and if the City uses a third party administrator. In response to Council Member Hummel!, M . Garcia said that the information provided indicates that medical costs are increasing; employees are getting older; and more retirees are using the plans. Ms. Garcia added that the City will continueto encourage the employees to study the plans and utilize the plans to make wise choices in selecting their health care. There being no further business to come before the Council, Mayor Garrett adjourned the Council meeting at 7:25 p.m. on March 25, 2008.