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