HomeMy WebLinkAboutMinutes City Council - 04/22/20081 HEREBY CERTIFY that the foregoing is a true and correct copy of the minutes of the Regular
Meeting of the Corpus Christi City Council of April 22, 2008, which were approved by the City
Council on May 13, 2008.
WITNESSETH MY HAND AND SEAL, on this the 13th day of May, 200 8.
Armando Chapa
City Secretary
SEAL
PRESENT
Mayor Henry Garrett
Mayor Pro Tem Bill Kelly
Council Members:
:
Melody Cooper*
Larry Elizondo, Sr.
Mike Hummel!
Priscilla Leal
Michael McCutchon
ABSENT
John Marez
Nelda Martinez
*Arrived at 10:05 a.m.
.
MINUTES
CITY OF CORPUS CHRISTI, TEXAS
Regular Cun it Meeting
April 22, 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 Pastor Dennis Miller with Cathedral of the Palms and the
Pledge of Allegiance to the United States flag was led by Council Member Mike Hummell.
Mayor Garrett called for approval of the minutes of the regular Council meeting of April 8,
2008. A motion was made and passed to approve the minutes as presented.
Mayor Garrett called for consideration of the consent agenda (items 2 -10). City Secretary
Chapa announced that staff requested that Item 10 be pulled for individual consideration. Mr. Abel
Alonzo requested that item 4 be pulled for individual consideration. Council members requested that
Items 4, 5, and 9 be pulled for individual consideration. City Secretary Chapa polled the Council for
their votes as follows:
2. RESOLUTION NO. 027665
Resolution authorizing the City Manager or his designee to submit a grant application to the
Texas Parks and Wildlife Department in the amount of $240,000 for construction of the
hiking/walking trail as part of the Oso Bay Greenbelt, Parks & Trails System Master Plan;
with a City match of $50,004 in the No. 4720 Community Enrichment Fund, for a total project
cost of $250,000.
The foregoing resolution was passed and approved with the following vote: Garrett, Cooper,
Elizondo, Hummell, Kelly, Leal, and McCutchon, voting "Aye"; Marez and Martinez were
absent.
Minutes — Regular Council Meeting
April 22, 2008 — Page 2
3. MOTION NO. 2008-105
Motion authorizing the City Manager or his designee to grant a permit to Sabco Operating
Company, of Houston, Texas to drill two oil or gas wells being State Tract 55 Well No. 8
approximately four miles east of the Corpus Christi Marina in Corpus Christi Bay and State
Tract 65 Well No. 1 approximately two miles north afTexas A&M University—Corpus Christi
in Corpus Christi Bay.
The foregoing motion was passed and approved with the following vote: Garrett, Cooper,
Elizondo, Rummell, Kelly, Leal, and McCutchon, voting "Aye"; Marez and Martinez were
absent.
6. MOTION NO. 2008-1
Motion authorizing the City Manager or his designee to execute Change Order No. 2 to the
construction contract with Bay Limited of Corpus Christi, Texas in an amount not to exceed
$143578.20 for a revised contract value of $7,684289.35 for additional storm water and
pavement work for the Corpus Christi International Airport West General Aviation
Rehabilitation and Drainage Phase V Improvement Project.
The foregoing motion was passed and approved with the following vote: Garrett, Cooper,
Elizondo, Hummel', Dally, Leal, and McCutchon, voting "Aye"; Marez and Martinez were
absent.
7. RESOLUTION N . 027667
Resolution determining a public necessity to acquire utility and construction easements fora
storm water drainage project, known as the Till Creek Drainage Basin Project, Phase 2, on
three tracts of land known as Parcels 1, 2, and 3; for the public purpose and use as storm
water drainage improvements nd 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 r olution was passed and approved with the following v t : Garrett, Cooper,
Elizondo, Hummel!, Kelly, Leal, and McCutchon, voting "Aye"; Marez and Martinez were
absent.
8. RESOLUTION NO._ 2
Resolution determining a public necessity to acquire utility and temporary construction
easements for a wastewater project, known as the Greenwood Wastewater Treatment Plant
(WWTP) 4 MGD Expansion Project, on two tracts of land known as Parcels 1 and 2; for the
public purpose and use as wastewater improvements and for other related 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, Cooper,
Elizondo, Hu m ll, Kelly, Leal, and McCutchon, voting "Aye"; Marez and Martinez were
absent.
Mayor Garrett opened discussion on Item 4 regarding lease agreements with Brooks Chapel
and Nueces County Mental Health and Mental Retardation Center. Abel Alonzo, 1701 Thames,
thanked City Manager Noe and staff for their support. in response to Council Member McCutchon,
Minutes — Regular Council Meeting
April 22, 2008 — Page 3
Community Development Administrator Daniel Gallegos said that both properties were being leased
for an annual fee of $10.00. City Manager Noe stated that these properties were acquired using
Community Development Block Grant (CDBG) funds. City Secretary Chapa polled the Council for
their votes as follows:
4.a. FIRST READING ING ORDINANCE
Authorizing the City Manager or his designee to execute a lease with Brooks Chapel for
property located at 1517 Winnebago for a term of 10 -years, with a 10 -year renewal option.
The foregoing ordinance was passed and approved on its first reading with the following
vote: Garrett, Cooper, Elizondo, Hummell, ll, Kelly, Leal, and McCutchon, voting "Are"; Marez
and Martinez were absent.
4.b. FIRST READING ORDINANCE
Authorizing the City Manager or his designee to execute a lease with Nueces County Mental
Health and Mental Retardation Center for property located at 1502 S. Brownlee for a term of
10 years, with a 10 -year renewal option.
The foregoing ordinance was passed and approved on its first reading with the following
vote: Garrett, Cooper, Elizondo, Hummel', Kelly, Leal, and McCutchon, voting "Aye"; Marez
and Martinez were absent.
Mayor Garrett opened discussion on Item 5 regarding a donation for downtown
improvements. In response to Council Member Hummell, Director of Economic Development Irma
Caballero stated that the donor requested that their identity be kept confidential. City Secretary
Chapa polled the Council for their votes as follows:
5. ORDINANCE NO. 027686
Ordinance appropriating $35,000 from the Unappropriated Fund Balance in the No. 1020
General Fund, which was received as a donation in 2007, for expenses related to the
promotion and redevelopment of Downtown; changing the FY 2007-2008 Operating Budget
adopted by Ordinance No. 027352 by increasing appropriations by $35,000.
An emergencywa declared, and the foregoing ordinance was passed and approved with
the following vote: Garrett, Cooper, Elizondo, Hummel', Kelly, Leal, and McCutchon, voting
"Aye"; Marez and Martinez were absent.
Mayor Garrett opened discussion on Item 9 regarding an amendment to the Streets and
Sidewalk Ordinance. Council Member Rummell asked questions regarding whether the owner,
lessee or tenant is the responsible party for sidewalk violations. Zoning & Code Enforcement
Administrator Robert Quiroz explained that the occupant of the property is the responsible party and
a letter will be sent to notify the owner of the violation. Mr. Quiroz added that this is the general
practice for enforcing violations. City Secretary Chapa polled the Council for their rotes as follows:
9. ORDINANCE NO. 027669
Amending the Code of Ordinances, Chapter 49 "Streets and Sidewalks," Article 1 "In
General," Division 1 "Generally," Section 49-10 "Duty of abutting owners, etc., to keep
sidewalks clean" by revising the language to include the curb and gutter portions and add
Minutes — Regular Council Meeting
April 22, 2008 — Page
debris resulting from leaves; providing for penalties; and providing for publication. (First
Reading 04/15/08)
The foregoing ordinance was passed and approved on its second reading with the following
vote: Garrett, Elizondo, Hummell, Kelly, Leal, and McCutchon, voting "Aye"; Cooper, Mare ,
and Martinez were absent.
Mayor Garrett opened discussion on Item 10 regarding amendments to the landscaping
requirements, City Planner Mic Raash explained that the proposed ordinance needs to be amended
to include providing for severance; providing for an effective date; and clarification language to
Section 27B-7.01. A brief discussion ensued regarding staff informing the Council of the proposed
changes.
Dr. McCutchon made a motion to amend the ordinance prior to second reading. The motion
was seconded by Mr. Kelly and passed. City Secretary Chapa polled the Council for their votes as
follows:
10. ORDINANCE N. 027670
Amending Article 27B., "Landscaping Requirements" of the City of Corpus Christi Zoning
Ordinance; providing for publication. (First Reading 04/15/08)
The foregoing ordinance wapassed and approved as amended on its second reading with
the following vote: Garrett, Cooper, Eli and , Hummell, Kelly, Leal, and McCutchon, voting
"Aye"; Marez and Martinez were absent.
* * * * * * * * * * * * *
Mayor Garrett opened discussion on Item 13 regarding the naming of the new southside
library. City Manager Noe explained that in November 2004, the citizens approved funding fora new
library on the southside and the City and Corpus Christi Independent School District (CCISD)
selected the library site next to Harold C. Kaffie Middle School. Director of Libraries Herb Canales
said that staffs recommendation is to name the new southside library the "Dr. Clotilde P. Garcia
Public Library" in recognition of Dr. Garcia's contributions to the library system and the community.
Several council members spoke in support of the recommendation.
Mayor Garrett asked for comments from the audience. Fernando Moral Iglesias, 7517
Yorkshire, said that Dr. Garcia was very deserving of this honor. Margaret Moss, 101 N. Upper
Broadway, spoke regarding the naming oflibraries based on donations and the effect on the library
system. Abel Alonzo, 1701 Thames, spoke regarding Dr. Garcia's contribution to the community and
the barriers broken for naming the library in Dr. Garcia's honor on the southside of town. Dalia P.
Garcia, 2305 Capital, provided the Council with an overview of Dr. Garcia's accomplishments.
Michael Flores, 510 Barracuda Place, spoke in support of naming the new library after Dr. Garcia.
County Commissioner Betty Jean Longoria asked the Council to consider naming the new library
after Dr. Cleo Garcia.
A brief discussion ensued regarding the naming of libraries and contributions impacting the
library system. City Secretary Chapa polled the Council for their votes as follows:
Minutes — Regular Council Meeting
April 22, 2008 — Page 5
13, RESOLUTION NO. 027673
Resolution authorizing the naming of the Southside Library to the "Dr. Dltilde P. Garcia
Public Library," as recommended by the Director of Libraries and the City Manager, upon
dedication.
The foregoing resolution was passed and approved with the following vote: Garrett, Cooper,
Elizondo, Hummell, Kelly, Leal, and McCutchon, voting ,Aye"; Marez and Martinez were
absent.
Mayor Garrett opened discussion on Item 14 regarding the renaming of the Corpus Christi
Public Library. Director of Libraries Herb Canales explained that in May2009, the City will celebrate
the 100th anniversary of the library which was established by the La Retama Club. Mr. Canales
stated that the recommendation to rename the Corpus Christi Public Library as the "La Retama
Central Library is based on the library's tradition and history. There were no mr ent from the
audience. City Secretary Chapa polled the Council for their votes as follows:
14. RESOLUTION NO. 027674
Resolution authorizing the renaming of the Corpus Christi Public Library to the "La Retama
Central Library," a_ recommended by the Director of Libraries and the City Manager, and
repealing Motion No. M85-0399, approved by the City Council on August 27, 1985, which
previously authorized the naming of the Central Library as the "Corpus Christi Public
Library."
The foregoing resolution was passed and approved with the following vote: Garrett, Cooper,
Elizondo, Hummell, Kelly, Leal, and McCutchon, voting "Aye"; Marez and Martinez were
absent.
Mayor Garrett referred to Item 11, and a motion was made, seconded and passed to open
the public hearing on the following zoning case:
Case No. 0308- _Sh II Land Management C .,__In .: A change of zoning from a "B-4"
General Business District to an "1-2" Light Industrial District on property described as 0.457
acres out of Bohemian Colony Lands, Section 12, Lot 1, located on Jefferson Street
between Saratoga Boulevard and Acushnet Drive.
City Secretary Chapa stated that the Planning Commission and staff recommended approval
of the "1-2" Light Industrial District.
Council Member Kelly asked whether it was necessary to change the zoning to "1--2" Light
Industrial. Assistant Director of Development Services Faryce Goode -Macon said the reason for the
1-2 zoning is that the kennel has an outside run and outside kennel. In response to Mr. Kelly, Ms.
Goode -Macon said Council could consider a "B-4" zoning with a Special Permit for the outside
kennel and that the closest neighborhood was located on the other side of Weber Road.
No one appeared in opposition to the zoning change. Mr. Kelly made a motion to close the
public hearing, seconded by Ms. Cooper, and passed. Mr. Chapa polled the Council for their votes
as follows:
Minutes — Regular Council Meeting
April 22, 2008 — Page
11. ORDINANCE NO. 027671
Amending the Zoning Ordinance, upon application by Shell Land Management Company,
Inc., by changing the Zoning Map in reference to 0,457 acres out of Bohemian Colony
Lands, Section 12, Lot 1, from "B-4" General Business District t "I.2" Light Industrial 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, Cooper, Elizondo, Hummell, Kelly, Leal, and McCutchon, voting
"Aye"; Marez and Martinez arra absent.
* * * * * * * * * *
Mayor Garrett opened discussion on Item 12 regarding inviting the City of Playa Del Carmen,
Mexico as a sister city. Heather Mortersohn, Chair of the Sister City Committee, referred to a
p w rp int presentation including the composition of the committee; the City's six sister cities;
committee programs; the reasons for seeking a relationship with Playa del Carmen; community
support; and the benefits of ecotourism, business and police interest, and medical and academic
interest.
Chief Executive Officer of the Convention and Visitors Bureau Keith Arnold; Director of
Aviation Fred Segundo; Dr, West Tunnel with Texas A & M University; and Police Chief Bryan Smith
spoke in support of the project. M. Mortersohn stated that the Port of Corpus Christi also submitted
a letter of support.
There were no comments from the audience. City Secretary Chapa polled the Council for
their votes as follows:
12. RESOLUTION NO. 027672
Resolution inviting the City of Playa del Carmen, Mexico to become a Sister City of the City
of Corpus Christi, Texas and conveying the warmest regards and deepest fraternal
sentiment of the people of Corpus Christi to the people of Playa del Carmen.
The foregoing resolution was passed and approved with the following vote: Garrett, Cooper,
Elizondo, Hummel', Kelly, Leal, and McCutchon, voting 'Aye"; Marez and Martinez were
absent.
Mayor Garrett opened discussion on Item 14.1. regarding the City's self funded health plans.
Mayor Garrett made a motion to suspend the rules pursuant to Section 16 f the City Council
policies approved by Resolution No. 21901 to allow for reconsideration of agenda Item 14.1
regarding health insurance to next Tuesday, April 29, 2008. The motion was seconded by Ms.
Cooper. The Mayor called for a vote on the floor.
14.1. MOTION NO. 2008-107
Motion to suspend the rules pursuant to Section 16 f the City Council policies approved by
Resolution No. 21901 to allow for reconsideration of agenda Item 14.1 regarding health
insurance to next Tuesday, April 29, 2008."
Minutes — Regular Council Meeting
April 22, 2008 — Page
The foregoing motion was passed and approved with the following vote: Garrett, Cooper,
Elizondo, Hummell, Kelly, and Leal voting "Aye"; McCut h n abstained; Marez and Martinez
were absent.
Mayor Garrett referred to Item 15 regarding the City's Water Quality Program. Director of
Water Gustavo Gonzalez referred to a powerpoint presentation including the Texas Commission on
Environmental Quality (TCEQ) issues; the water quality program; flushing results; system reliability;
and customer service projects.
Council members asked questions regarding monitoring; the call center number; creation of
an area for a library and map maintenance; location of distribution maps; GIS technology;
decreasing the flushing of fire hydrants; adding chloramines on the Island; and water distribution.
Mayor Garrett referred to Item 16 regarding an Emergency Management briefing. Fire Chief
Richard Hooks referred to a powerpoint presentation including photos of emergency situations;
partners in emergency management; systems currently in place; National Incident Management
System (NIMS); NIMS components; NIMS compliance; local government responsibilities; the City's
emergency management basic plan; functional annexes; legal authorities; selected rules related to
emergency r nagement; the declaration of disaster; methodology utilized to request emergency
assistance; emergency operations center; the 2005 hurricane season; evacuation; refuge of last
resort; and pre -positioned contracts.
Council members asked questions regarding the direction of Contraflow; identifying the
elderly and disabled; how the City communicates information for assisted evacuation needs; refuge
of last resort; and the location of the six regional shelters during Hurricane Katrina.
Mayor Garrett called a brief recess to present proclamations and listen to public comment.
Mayor Garrett called for petitions from the audience. Jack Gordy, 4118 Bray, spoke
regarding the letter of response he received by the Legal Department for his request for public
information. A brief discussion ensued regarding the policies for addressing open records requests.
Joan Veith, 5701 Cain, asked the Council t consider eliminating the $2.50 convenience fee
charged for online utility payments. Charles Roberts, 2142 Alazan Drive, spoke regarding the public
hearing for the closure of Charlotte Street and complying with City Code of Ordinances Section 49-
12. Curly Mellinger, 1626 Paul Jones, asked the Council to consider canceling the lease with
Westside Baseball and reissue the lease to International Baseball. Mr. Mellinger also spoke
regarding the maintenance of the fields. Ruben Riojas, , 1621 Harvard Street, spoke regarding the
need for additional fields at International Westside Baseball and the costs of leasing additional
fields. Cecil Henry, 5118 Cavendish, spoke regarding the storm water utility.
J.E. O'Brien, 4130 Pompano, spoke regarding accountability frmtheCityst ff. Bob Alge ,
15629 Three Fathoms, spoke regarding solid waste and enforcing beach traffic at the seawall. Jerry
Garcia, President of Southside Baseball and Vice President of Westside Baseball, spoke regarding
baseball leagues receiving CDBG funding. Joseph Ramirez invited the Council to attend a patriotic
fiesta sponsored by the American GI Form, Johnny Canales Chapter, to for deploying troops on April
27th at 2:00 p.m. at Hazel Bazemore Park. Roland Garza asked the Council to consider addressing
the renovation of sports fields in the Bond 2008 project. Michael Alan Mitchell spoke regarding a
home invasion and treatment by the Police Department. Dennis Hobble, 3202 Coral Reef, spoke
regarding the condition of the fields at Westside Baseball.
Minutes — Regular Council Meeting
April 22, 2008 — Page
* *********** *
There being no further business to come before the Council, Mayor Garrett adjourned the
Council meeting at 12:42 p.m. on April 22, 2008.
* * * * * * * * ** * *