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.