HomeMy WebLinkAboutMinutes City Council - 05/13/2008I HEREBY Y CEI TIFY that the foregoing is a true and correct copy of the minutes of the Regular
Meeting of the Corpus Christi City Council of May 13, 2008, which were approved by the City
Council on May 27, 2008.
WITNESSETH MY HAND AND SEAL, on this the 27th day of May, 200 8.
Armando Chapa
City Secretary
SEAL
RESENT
Mayor Henry Garrett
Mayor Pro Tem Bill Kelly
Council M mb r :
Melody Cooper*
Larry Elizondo, Sr.
Mike Hummel'
Priscilla Leal
John Mar**
Nelda Martinez
ABSENT
Michael McCutchon
*Arrived at 10:53 a.m.
**Arrived at 11:45 .rte .
MINUTES
CITY OF CORPUS CHRISTI, TEXAS
Regular Council Meeting
May 13, 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 Heath Peloquin with Brighton Park Baptist Church
and the Pledge of Allegiance to the United States flag was led by Council Member Larry Elizondo.
Mayor Garrett called for approval of the minutes of the regular Council meetings of April 22,
2008 and April 29, 2008. A motion was made and passed to approve the minutes as presented.
* * * * * * * * * * * *
Mayor Garrett referred to Item 2 and the following board appointments were made:
Airport Board
William D. Dodge 111 (Reappointed)
Ed Hicks (Appointed)
Commission on Children and Youth
Laura Spear Smith (Reappointed)
Brian Silva (Reappointed)
Rosa M. Gonzalez (Appointed)
Robert Mirabal, Jr. (Appointed)
Isaac Valencia (Appointed)
Library Board
Michael A. Flores (Appointed)
Sister City Committee
Janice Garrett
Coastal Bend Council of Governments
Rudy Garza (Appointed)
Fire Chief Richard Hooks (Appointed)
C.C. Convention and Visitors Bureau
Eduardo Carrion (Appointed)
Mechanical/PlumbingAdvisory Board
Elvin P. O'Bryan (Reappointed)
James Harman (Reappointed)
Mike Wanzer (Reappointed)
Robert Sells {Appointed}
Sean M. Rodriguez {Appointed}
Trans•ortation Adviso Committee
Curtis Rock (Reappointed)
Damien L. Holmes (Reappointed)
Jerry Trevino (Appointed)
* * ***** ****
Minutes — Regular Council Meeting
May 13, 2008 — Page 2
Mayor Garrett called for consideration of the consent agenda (Items 3 -16). Mr. Abel Alonzo
requested that item 5 be pulled for individual consideration. Council members requested that Items
15 and 16 be pulled for individual consideration. City Secretary Chapa polled the Council for their
votes as follows:
3. MOTION NO. 2008-113
Motion approving the purchase of library furniture in accordance with Bid Invitation No. Bl -
0125 -08
I-
1 - 8 from A. Bargas & Associates, LLC, of San Antonio, Texas based on only bid for a
total amount of $78,297.95. The library furniture will be installed at the newly remodeled
Parkdale Branch Library. Funds are available in the Library Capital Improvement Project
(CIP) Fund.
The foregoing motion was passed and approved with the following vote: Garrett, Elizondo,
Hummell, Kelly, Leal, and Martinez, voting "Aye"; Cooper, McCutchon, and Marez were
absent.
4.a. MOTION NO. 2008-114
Motion authorizing the City Manager or his designee to accept grant funding in the amount of
$19,988.40 from the Texas Department of Transportation (TXDOT) for the Click It or Ticket
(CIOT) Selective Traffic Enforcement Project (STEP) for occupant protection enforcement
overtime within the Police Department and to execute all related documents.
The foregoing motion was passed and approved with the following vote: Garrett, Elizondo,
Hummell, Kelly, Leal, and Martinez, voting "Aye"; Cooper, McCutchon, and Marez were
absent.
4.b. ORDINANCE NO. 027684
Ordinance appropriating $19,988.40 from the Texas Department of Transportation (TXDOT)
for funding of the Click It or Ticket (CIOT) Selective Traffic Enforcement Project (STEP)
within the Police Department in No. 1061 Police Grants Fund.
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Garrett, Elizondo, Hummell, Kelly, Leal, and Martinez, voting "Aye";
Cooper, McCutchon, and Marez were absent.
6. RESOLUTION NO. 027687
Resolution authorizing the City Manager or his designee subject to Federal Aviation
Administration (FAA) Funding Approval, to accept FAA FY 2008 Grants in an amount nto
exceed $8,700,000 to rehabilitate taxiway systems, rehabilitate Taxiway "M", design airfield
rescue and firefighting station modifications, complete drainage improvements -- Phase VI,
rehabilitate the airport perimeter road, and design an Airport Improvement Program (AIP)
equipment housing facility and various hangar structures at the Corpus Christi International
Airport and to execute all related documents.
The foregoing resolution was passed and approved with the following vote: Garrett,
Elizondo, Hummel', Kelly, Leal, and Martinez, voting "Aye"; Cooper, McCutchon, and Marez
were absent.
Minutes — Regular Council Meeting
May 13, 2008 -- Page 3
7.a. RESOLUTION NO. 027688
Resolution authorizing the City Manager or his designee to execute all documents necessary
to accept a grant from the Texas Parks and Wildlife Department in the amount of $30,000 to
operate the Community Outdoor Outreach Program (CO-OP), a summer outdoor recreation
program for youth.
The foregoing resolution was passed and approved with the following vote: Garrett,
Elizondo, Hummel', Kelly, Leal, and Martinez, voting "Aye"; Cooper, McCutchon, and Marez
were absent.
7.b. ORDINANCE NO. 027689
Ordinance appropriating a $30,000 grant from Texas Parks and Wildlife Department in the
No. 1067 Park and Recreation Grants Fund to operate the Community Outdoor Outreach
Program (CO-OP), a summer outdoor recreation program for youth.
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Garrett, Elizondo, Hummell, Kelly, Leal, and Martinez, voting "Aye";
Cooper, McCutchon, and Marez were absent.
8. RESOLUTION N0. 027690
Resolution approving the reappointments of Dr. William Burgin, Jr. as the local health
authority and Dr. Colette Simon as the alternate local health authority and authorizing the
City Manager or his designee to execute compensation agreements with Dr. Burgin and Dr.
Simon for the protection of the public's health, safety, and welfare.
The foregoing resolution was passed and approved with the following vote: Garrett,
Elizondo, Hummel], Kelly, Leal, and Martinez, voting "Aye"; Cooper, McCutchon, and Marez
were absent.
9.a. MOTION NO. 2008-115
Motion approving the purchase of continuous coverage product maintenance from Sigma
Solutions, Inc. f San Antonio, Texas in the amount of $83,137.67forthe EMC 330 Storage
Area Networks through September 30, 2008.
The foregoing motion was passed and approved with the following vote: Garrett, Elizondo,
Hummel!, Kelly, Leal, and Martinez, voting "Aye"; Cooper, McCutchon, and Marez were
absent.
9.b. MOTION NO. 2008-116
Motion approving the purchase of continued annual maintenance costs from Sigma
Solutions, Inc. of San Antonio, Texas for the EMC 330 Storage Area Networks subject to
annual appropriation of funds based on sole source.
The foregoing motion was passed and approved with the following vote: Garrett, Elizondo,
Hummell, Kelly, Leal, and Martinez, voting "Aye"; Cooper, McCutchon, and Marez were
absent.
Minutes — Regular Council Meeting
May 13, 2008 — Page 4
1 . MOTION NO. 20Q8-11
Motion authorizing the City Manager or his designee to execute Amendment N. 1 to the
consultant contract with HDR, Inc., of Corpus Christi, Texas in an amount not to exceed
$49,000 for a revised contract value of $93,900 for additional storm water utility rate
implementation services.
The foregoing motion was passed and approved with the following vote: Garrett, Elizondo,
Hummell, Kelly, Leal, and Martinez, voting "Aye"; Cooper, McCutchon, and Marez were
absent.
11. RESOLUTION NO. 027691
Resolution authorizing the City Manager or his designee to execute a Multiple Use
Agreement with the Texas Department of Transportation TDT fora drainage culvert on
FM 763 (Joe Miruer Road) associated with Corpus Christi International Airport (CLIA)
Taxiway Rehabilitation n and Drainage Phase Vi Projects.
The foregoing resolution was passed and approved with the following vote: Garrett,
Elizondo, Hummell, Kelly, Leal, and Martinez, voting "Aye"; Cooper, McCutchon, and Marez
were absent.
12. MOTION NO. 2008-113
Motion authorizing the City Manager or his designee to execute a Real Estate Sales
Contract and a Utility Easement with the ownerof Calvary Chapel ofthe C a tlands in the
total amount of $65,500, for fee simple property rights to a 0.383 acre tract of land known as
Parcel 11A and for a 0.095 acre Utility Easement known as Parcel 11B, plus $1,500 in
estimated closing costs; all out of Lot 2, Block 1, Brandywine South Unit 1, located on Rodd
Field Road, south of Saratoga Boulevard; necessary for the Master Channel 27 Drainage
Improvement Project and for other municipal purposes.
The foregoing motion was passed and approved with the following vote: Garrett, Elizondo,
Hummell, Kelly, Leal, and Martinez, voting "Aye"; Cooper, McCutchon, and rvlarez were
absent.
13.a. MOTION N . 2008-119
Motion approving the Distribution Main Extension Construction and Reimbursement
er ent
Agreement submitted by AEP Texas Central Company, owner and developer of Cabaniss
Acres No. 2, Lot 4, located south of Holly Road and west of Ayers Street for the installation
of 405 linear feet of 8 -inch PVC water distribution main.
The foregoing motion was passed and approved with the following vote: Garrett, Elizondo,
Hummell, Kelly, Leal, and Martinez, voting "Aye"; Cooper, McCutchon, and Marez were
absent.
13.b. ORDINANCE NO. 027692
Ordinance appropriating $28,218.75 from the No. 4030 Water Distribution Main Trust Fund
to reimburse AEP Texas Central Company for the installation of 405 -linear feet of -inch
PVC water distribution main for development of Caban iss Acres No. 2, Lot 4, as specified in
the Distribution Main Extension Construction and Reimbursement Agreement.
Minutes — Regular Council Meeting
May 13, 2008 — Page
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Garrett, Elizondo, Hummell, Kelly, Leal, and Martinez, voting "Aye";
' ;
Cooper, McCutchon, and Marez Marwere absent.
14.a. MOTION N . 2008-120
Motion approving the Sanitary Sewer Collection Line Extension Construction and
Reimbursement Agre m nt submitted by AEP Texas Central Company, owner and
developer of Cabaniss Acres No. 2, Lot 4, located south of Holly Road and west of Ayers
Street for the installation of 1,359 linear feet of 12 -inch PVC sanitary sewer collection line.
The foregoing motion was passed and approved with the following vote: Garrett, Elizondo,
Hummell, Kelly, Leal, and Martinez, voting "Aye"; Cooper, McCutchon, and Marez were
absent.
14.b. ORDINANCE N . 027693
Ordinance appropriating $93,918.07 from the No. 4220 Sanitary Sewer Collection Line Trust
Fund to reimburse AEP Texas Central Company for the installation of 1,359 -linear feet of
12 -inch PVC sanitary sewer collection line for development of Cabaniss Acres, No. 2, Lot 4,
as specified in the Sanitary Sewer Collection Line Extension Construction and
Reimbursement Agreement.
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Garrett, Elizondo, Hummell, Kelly, Leal, and Martinez, voting "Aye";
";
Cooper, McCutchon, and Marez were absent.
Mayor Garrett opened discussion on Items regarding a grant from the Texas Dpartm ntof
State Health Services. Mr. Abel Alonzo, 1701 Thames, spoke regarding the vacancy of the Director
of Public Health. City Secretary Chapa polled the Council for their votes as follows:
5.a. FES LUTI N NO. 027685
Resolution authorizing the City Manager or his designee to accept a grant of $80,000 from
the Texas Department of State Health Services to provide diabetes prevention and
management services and to execute all related documents.
The foregoing resolution was passed and approved with the following vote: Garrett,
Elizondo, Hummel!, Kelly, Leal, and Martinez, voting "Aye"; Cooper, McCutchon, and Marez
were absent.
5.b. ORDINANCE NO. 027686
Ordinance appropriating a grant of $80,000 from the Texas Department of State Health
Services in the No. 1066 Health Grants Fund to provide diabetes prevention and
management services.
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Garrett, Elizondo, Hummell, belly, Leal, and Martinez, voting "Aye";
Cooper, McCutchon, and Marez were absent.
Minute -- Regular Council Meeting
May 13, 2008 — Page
Mayor Garrett opened discussion on Item 15 regarding Portairs Addition, Block 8. Council
Member Leal expressed concern that the masonry screening wall was never erected as required by
Ordinance No. 5716 and that the City has problems making sure that leases, contracts and
ordinances are abided by. Ms. Leal asked whether there were any financial effects that the City
incurred because the utility lines were not located. Deputy Director of Development Services
Johnny Perales stated that there were no financial effects for the operation and maintenance of the
existing utility lines. Mr. Perales explained that when researching a recently submitted plat for Lots
11, 12, 13, 20, 21, and 22, the Legal and Development Services staff found several issues that had
not been resolved in the Portairs Addition from the 1960's. Council Member Hummell asked
questions regarding the reason the ordinance required that Mr. Susser erect a masonary wall.
Assistant City Attorney Jay Reining stated that staff assumed that the masonary wall was required
by ordinance to be used as a sound proof barrier between the commercial and residential
developments. Mr. Reining said the commercial development never took place and the changes to
the property never occurred. In response to Mr. Hummell, Mr. Reining said that the City probably
should have been the responsible party to record the easement. Council Member Rummell asked
whether there are changes being made to the property. Mr. Reining said the six lots are being
redeveloped by Advance Auto. City Secretary Chapa polled the Council for their votes as follows:
15.a. ORDINANCE NO. 027694
Ordinance repealing Ordinance No. 5716, removing conditions requiring the construction of
a masonry screening wall, maintenance ofthe area and othernditin; and authorizing the
City Manager or his designee to execute a release of the agreement authorized by
Ordinance No. 5716.
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Garrett, Elizondo, Hummell, Kelly, Leal, and Martinez, voting `Aye";
Cooper, McCutchon, and Marez were absent.
1 5,b. ORDINANCE NO. 027695
Ordinance amending Ordinance No. 5762 to remove the requirement to relocate utility lines
from the alley through Portairs Addition, Block 8, that was closed by Ordinance No. 5762 to
a new utility easement that was being provided by Sam Buser; closing and abandoning the
15 -foot wide utility easement granted by Sam Sasser to the City of Corpus Christi on May 11,
1960; waiving the requirement to replat the affected properties due to the easement closure.
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Garrett, Elizondo, Hummell, Kelly, Leal, and Martinez, voting "Aye";
Cooper, McCutchon, and Marez were absent.
Mayor Garrett opened discussion on Item 16 regarding WindwarDrive Parking Lot hours f
operation. Council Member Hummell asked how the curfew of midnight was determined for this
parking lot. Director of Parks and Recreation Sally Gavlik explained that staff` met with the condo
owners in the surrounding area to establish a reasonable time and that this time was initiated for
Cole Park. Council Member Hummel) asked questions regarding the curfew of other bayfront parks
and the types of perceived illegal activity in the parking lot. Ms. Gavlik said that the other bayfront
parks have a curfew time of 2:00 a.m. because most of those parks do not have access to
neighbors. Ms, Gavlik tated that the Police Department has had reports of loitering, drinking, and
noise issues in that parking lot. in response to Mayor Garrett, City Manager Noe said the fishing
area was approximately 4,000 feet away. City Secretary Chapa polled the Council for their votes as
follows:
Minutes — Regular Council Meeting
May 13, 2008 — Page 7
16. FIRST READING ORDINANCE
Amending the Code of Ordinances, City of Corpus Christi, Chapter 33 to prohibit use of or
presence in Windward Drive parking lot from midnight to 6:00 a.m.; providing for penalties;
and providing for publication.
The foregoing ordinance was passed and approved on its first reading with the following
vote: Garrett, Elizondo, Hummel!, Leal, and Martinez, voting "Aye"; Kelly abstained; Cooper,
McCutchon, and Marez were absent.
Mayor Garrett referred to Item 17, and a motion was made, seconded and passed to open
the public hearing on the following zoning case:
Case No. 0408-01 „ Gary Johnson: A change of zoning from an "1-2" Light Industrial District
to an "1-3" Heavy Industrial District resulting in a change of land use designation from light
industrial to heavy industrial on property described as 10.926 acres out ofJ.C. Russell ell Farm
Blocks, Block 11, Tract 11 and 1.54 acres out of J.C. Russell Farm Blocks, Block 11, Tract
7-B located on the east side of Navigation Boulevard approximately 500 feet south ofAgne
Street (SH 44).
City Secretary Chapa stated that the Planning Commission and staff recommended approval
of the "1-3" Heavy Industrial District.
Council Members asked question regarding the authorized uses in `i1-" zoning} whether this
property will be used for a salvage yard; whether there is any other "1-3" zoning in the area; whether
there are any legal requirements prohibiting a person to change the property's use to a sexually
oriented business; the size of the tract; whether the tract of property is Targe enough for a
manufacturing plant; the proximity of the property to the closest neighborhood; whether staff has any
concerns with the expansion of the "1- " zoning south of Intertate Highway 37; and whether there is
another way to grant the use of a salvage yard otherthan approving "1-3" zoning.
Council Member Hummell requested that staff provide the Council with information on the
different zoning districts including definitions and uses.
No one appeared in opposition to the zoning change. Mr. Elizondo made a motion to close
the public hearing, seconded by Ms. Cooper, and passed. Mr. Chapa polled the Council for their
votes as follows:
17. ORDINANCE NO. 027696
Amending the Zoning Ordinance, upon application by Gary Johnson, by changing the
Zoning Map in reference to 10.926 acres out of J.C. Russell Farm Blocks, Block 11, Tract 11
and 1.54 acres out of J.C. Russell Farm Blocks, Block ' 1, Tract 7-B, from "1-2'} Light
Industrial District t "1-3" Heavy Industrial District; amending the Zoning Map; 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, Hummel!, Leal, and Martinez, voting "Aye";
Kelly abstained; McCutchon, and Marez were absent.
Minutes — Regular Council Meeting
May 13, 2008 — Page 8
Mayor Garrett referred to Item 18, and a motion was made, seconded and passed to open
the public hearing on the following zoning case:
Case No. 0408-02 Danyce M. Knippa John H. Bradshaw: A change of zoning from an "A-
2"
,-2" A artment House District to a "13-5" " Primary Business District resulting in a charge of land
use designation from medium density residential to mmerial on property described as
Chamberlin's Block 7, Lot 7 and west one-half of Lot8 and South Bluff Block 14, Lots 4 and
5, located on Agnes Street approximately 1 feet east of Staples Street and located on
Laredo Street approximately 150 feet east of Staples Street.
City Secretary Chapa stated that the Planning Commission and staff recommended approval
of the "B-" Primary Business District.
No one appeared in opposition to the zoning change. Mr. Elizondo made a motion to close
the public hearing, seconded by Ms. Cooper, and passed. Mr. Chapa polled the Council for their
votes as follows:
18. ORDINANCE NO. 027697
Amending the Zoning Ordinance, upon application by Danyce M. Knippa and John H.
Bradshaw, by changing the Zoning Map in reference to Chamberlin's Block 7, Lot 7 and
west one-half of Lot 8 and South Bluff Block 14, Lots 4 and 5, from "A-2" Apartment House
District to "13-5" Primary Business District; amending the Zoning Map; amending the
Comprehensive Plan to account for any deviations from the existing Comprehensive Plan;
providing a repealer clause; providing a penalty; providing a publication.
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Garrett, Cooper, Elizondo, Hummel!, Leal, and Martinez, voting "Aye";
Kelly abstained; M C tohon, and Marez were absent.
Mayor Garrett referred to Item 19, and a motion was made, seconded and passed to open
the public hearing on the following zoning -text amendment:
19. Public Hearing and First Reading Ordinance to consider amending Article 3, Definitions, of
the Zoning Ordinance by adding a new definition for a Community Home as Section 3-1.1 .1
and by revising the definition of Family in Section 3-1.24; providing for penalties; and
providing for publication.
In response to Council Member Leal, Assistant Director of Development Services Faryce
Goode -Macon said that the Human Resources Code states that not more than six persons with
disabilities and two supeRtisors may reside in a community home at the same time.
No one appeared in opposition to the zoning text amendment. 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:
19. FIRST READING ORDINANCE
To consider amending Article 3, Definitions, of the Zoning Ordinance by adding a new
definition for a Community Home as Section 3-1.15.1 and by revising the definition of Family
in Section 3-124; providing for penalties; and providing for publication.
Minutes --- Regular Council Meeting
May 13, 2008 -- Page 9
The foregoing ordinance was passed and approved on its first reading with the following
vote: Garrett, Cooper, Elizondo, Hummell, Leal, and Martinez, voting "Aye"; Kelly abstained;
McCutchon, and Marez were absent.
Mayor Garrett referred to Item 20, and a motion was made, seconded and passed to open
the public hearing on the following development agreement:
20. Public Hearing and Ordinance to consider waiving the requirements in SectionV.A.3.a)(1)
and V.A.3.b)(2), Corpus Christi Platting Ordinance, relating to the installation of permanent
water and wastewater service to Maple Hills Subdivision, Unit 5, and the recording of the
final plat; authorizing the City Manager or his designee to execute a development agreement
with John and Linda Mikulencak, which authorizes the filing of a final plat for Maple Hills
Subdivision, Unit 5, before permanent water and wastewater service is provided to the
development.
Council members asked questions regarding the 75% completion of construction; the reason
to declare an emergency on this item; whether it was the intent of the developers to construct the
project to coincide with the road repairs; whether the City's project is delayed or if the development
of the subdivision is ahead of schedule; whether the City changed the original chronology of the
road project; whether the developer is required to remove the interim water or wastewater system
that will not be used for permanent services; the person responsible for making sure the interim
components are removed; whether the developer has to complete the installation of the interim work
for water and wastewater before they start building; the current status on the construction of the
interim work; whether the developer will connect to the permanent water supply before Up River
Road is paved; whether there is a concern from the developer that the road work will not be
completed in five or six months; and the reasons that the reconstruction of Up River Road is taking
so long.
No one appeared in opposition to the development agreement. M. Cooper made a motion
to close the public hearing, seconded by Mr. Elizondo, and passed. Mr. Chapa polled the Council
for their votes as follows:
20. ORDINANCE NO. 027698
Ordinance to consider waiving the requirements in Sections .A.3.a1 and V.A.3.b)(2),
Corpus Christi Platting Ordinance, relating to the installation of permanent water and
wastewater service to Maple Hills Subdivision, Unit 5, and the recording of the final plat;
authorizing the City Manager or his designee to execute a development agreement with
John and Linda Mikulencak, which authorizes the filing of a final plat for Maple Hills
Subdivision, Unit 5, before permanent water and wastewater service is provided to the
development.
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, and Martinez, voting
"Aye"; McCutchon and Marez were absent.
Mayor Garrett opened discussion on Item 21 regarding the second reading on the creation of
a storm water utility. Assistant City Manager Oscar Martinez provided a background on the needs
for revising the storm water funding program. Tony Bagwell, HDR, provided information on the
impervious cover proxy approach including the data sources and information; data integration; the
early equivalent rate unit (ERU) estimate; and data quality issues and concerns.
Minutes — Regular Council Meeting
May 13, 2008 — Page 10
Mr. Martinez further addressed the options for alternative storm water funding; the
expectations, considerations, requirements and timeline should the City proceed with the impervious
cover proxy approach; and the development of actual impervious cover data for implementation in
F21 . Mr. Martinez said that staff will continue to evaluate the data and make a final
recommendation on the rate structure on May 27th.
Council members asked questions regarding the effects to customer utility bills; other options
for developing the impervious cover data; the time period to receive correct impervious cover data;
the consultant's recommendation; whether the water rates will be less once the storm water costs
are excluded; the structure to determine the percentage of the stormwaterharg from water; the
transfer program; whether the council and the citizens will receive an example of what the utility bill
will look like; the option referring to outside city limit customers (OCL) water expenses; the number
of inside city limit customers (1CL)and OCL water accounts; whether the intention is to be revenue
neutral no matter which option the Council considers} whether the residential customerwould see an
increase in the total utility bill if the council considered Options 1; whether there would be no change
in the bill if the council considered Option 3; the extent of the charge being offset by the new fees for
providing infrastructure; whether lCL customers will still bear $.5 million of the additional costs; the
net impact for individual residents; typical residential consumption; whether each option is going to
see comparable increases in utility costs; whether any of the options minimizes the impact to
residential customers; if refineries are classified as OCL and large water customers; whether
refineries contribute to storm water; benefits to the refinery for receiving storm water; how the City
currently charges storm water to refineries; whether commercial customers are currently paying
more than residential customers; whether multifamily is incorporated into commercial; the number
homes inside the City limits; and the number of commercial accounts inside the city limits.
Mr. Bagwell stated that IDR was hired to review the eligible charges for water that are
appropriate and to make separate recommendations on moving the storm water expenses. Mr.
Bagwell stressed that the return on equity charge for water is happening simply because it is an
eligible charge the City has not been making and has nothing to do with the storm water expenses
moving.
Mayor Garrett called for a brief recess to present proclamations and listen to public
comment.
Mayor Garrett called for petitions from the audience. J.E. O'Brien, 4130 Pompano, spoke
regarding the flushing of water lines and the court's ruling on council member insurance. Bob Algeo,
15629 Three Fathoms, spoke regarding the Sargassam Symposium and sea turtle season. Jack
Gordy, 4118 Bray, spoke regarding the Legal Department requesting reconsideration of an Attorney
General opinion on an open records request. Rolando Perez Garza asked the Council to consider
honoring former Police Chief Pete Alvarez.
Mayor Garrett announced the executive sessions, which were listed on the agenda as
follows:
27. Executive Session under Texas Government Code Section 551.071 regarding Texas
Commission on Environmental Quality (TCEQ) Notice of Enforcement Action — City of
Corpus Christi; RN101610079; Docket No. 2008 -0399 -MWD -E; Enforcement Case No.
35596, with possible discussion and action related thereto in open session.
Minute — Regular Cuncil Meeting
May 13, 2008 - Page 11
28. Executive Session under Texas Government Code Section 551.071 regarding fire collective
bargaining negotiations, with possible discussion and action related thereto in open session.
29. Executive Session under Texas Government Code Section 551.071 regarding Cause No.
07-4924-A; Joe O'Brien, Jack Gordy and Taxpayers Association, Inc. vs. City of Corpus
Christi, with possible discussion and action related thereto in open session.
The Council went into executive session. The council returned from executive session and
the following motion was passed with the following vote:
27. MOTION N . 2008-123
Motion authorizing the City Manager to execute an agreed ord er with the Texas Commission
on Environmental Quality"In the Matterofan Enforcement Actin CorConcerning City of Corpus
Christi, RN101610079, Agreed Order, Docket No. 208 -0399 -MWD -E," and an agreement
with the Coastal Bend Bays and Estuaries Program, Inc., to perform a supplemental
environmental project for the City in the amount of $14,544.
The foregoing motion was passed and approved with the following vote: Garrett, Cooper,
Hummell, Leal, Marez, and Martinez, voting "Aye"; Elizondo, Kelly, and McCutchon were
absent.
Mayor Garrett returned to Item 21 regarding the second reading on the creation of a storm
water utility. Mayor Garrett called for comments from the audience. J. E. O'Brien, 4130 Pompano,
stated that in the 1990's, a committee made a recommendation against forming a storm water utility.
Mr. O'Brien said that the approval of the ordinance is premature and that he does not support the
ordinance at this time.
Mayor Garrett asked whether the utility bill is going to be more once the storm water utility is
approved. Mr. Martinez said that the cost would be more for customers who reside inside the city
limits. In response to Mr. Hammell, Mr. Martinez stated that the rate structure is a separate issue
and will be brought to the council during the budget process on May 27th. City Secretary Chapa
polled the Council for their votes as follows:
21. ORDINANCE NO. 027599
Declaring and establishing the City's Storm Water System as a Public Utility; declaring the
City's Storm Water Utility as part of the City's Combined Utility System; defining terms
relating to the Storm Water Utility System; citing authority to establish a Storm Water Utility;
incorporating existing facilities into the Storm Water Utility System; providing for segregation
of Storm Water Utility Income from other City accounts; providing that issuance of Storm
Water Revenue Bonds or Combined (Water, Wastewater, Gas, and Storm Water) Utility
Revenue Bonds may be repaid with revenue from the Storm Water Utility Charge. (First
Reading 04/29/08)
The foregoing ordinance was passed and approved on its second reading with the following
vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Marez, and Martinez, voting "Aye"; Leal
voting "No"; McCutchon was absent.
Minute — Regular Council Meeting
May 13, 2008 — Page 12
Mayor Garrett opened discussion on item 22 regarding the Wooldridge Road Reconstruction
Phase 1 from Staples Street to Airline Road. Interim Assistant City Manager Angel Escobar
explained that this item is the award of the construction contract and that the bid came in lower than
estimated. Mr. Escobar said that H & G Contractors, Inc. is also doing Phase 11 from Airline to
Wooldridge.
Council members asked questions regarding the completion of Rodd Field and Airline;
whether the bridge work was completed; when the bonds were sold for this project; and the
construction estimate. There were no comments from the audience. City Secretary Chapa polled
the Council for their votes as follows:
22. MOTION N . 2008-121
Motion authorizing the City Manager or his designee to execute a construction contract with
H G Contractors, Inc. of Corpus Christi, Texas in the amount of $6,688561 .58 for the
Base Bid on the Wooldridge Road Reconstruction Phase 1 Project from Staples Street to
Airline Road. (BOND ISSUE 2004)
The foregoing motion was passed and approved with the following vote: Garrett, Elizondo,
Hummel!, Kelly, Leal, Mare , and Martinez, voting "Aye"; Cooper and McCut h n were
absent.
Mayor Garrett opened discussion on Item 23 regarding Ocean Drive Seal Coating —
Eliabeth Street to Ennis Joslin Road 2008. Interim Director of Engineering Services Kevin Stowers
explained that this item is for the award of the construction contract for base bid and additive
alternatives 1, 2, and 3 for Greenwood Drive and Holly Road. Mr. Stowers said this project also
received favorable bids and that this work is being coordinated with the local bicycling association.
Council members asked questions regarding funding; the reason for the seal coating; the life
of Ocean Drive; the cost to fix Ocean Drive from Emerald Cove/Holiday Inn to Ennis Joslin; whether
the City would eventually have to fix Ocean Drive; whether the City would still do seal coating if the
City fixed Ocean Drive; cost for the overlay work on Shoreline Boulevard; the preventative
maintenance application of thin asphalt emulsionsurface treatment; the grade of the pre -coat rock
to get the best surface on the street; the reason Holly Road and Greenwood will be seal coated with
Grade 6 pre -coat rock; how long the application of seal coating will last; whether there is funding in
the budget to do an overlay on Ocean Drive instead of seal coating; the purpose for patching on
Ocean Drive; whether sealing coating Ocean Drive will make the street smoother; whether staff
would recommend fixing or maintaining Ocean Drive if there was funding; whether Ocean Drive
could be fixed in phases; the cost to overlay Ocean Drive from Emerald Cove to Louisiana; the cost
of overlay per mile; and whether the overlay of Shoreline will smooth out the portions of Buford Drive
to Elizabeth Street.
A brief discussion ensued regarding extending for overlaying Ocean Drive from Elizabeth to
Ennis Joslin.
The council asked staff to come back with a costs saving for overlaying portions of Ocean
Drive and a deductive change order to the contract that was awarded.
There were no comments from the audience. City Secretary Chapa polled the Council for
their votes as follows:
Minutes — Regular Council Meeting
May 13, 2008 Page 13
23. MOTION N .2008-122
Motion authorizing the City Manager or his designee to execute a construction contract with
Clark Construction of Texas, Ltd., of San Antonio, Texas, in the amount of $1,577,81 9.34
for the Ocean Drive Seal Coating — Elizabeth Street to Ennis J slin Road 2008 Project for
the Base Bid and Additive Alternates 1, 2, and 3.
The foregoing motion was passed and approved with the fallowing vote: Garrett, Cooper,
Elizondo, Hummel, Kelly, Leal, Marez, and Martinez, voting "Aye"; McCutchon was absent.
Mayor Garrett opened discussion on Item 24 regarding an Interlocal Cooperation Agreement
with Nueces County. Assistant City Manager Margie Rose explained that the Texas Commission on
Environmental Quality (TCEQ) recently conducted a compliance review of the City's on-site sewage
facilities program that is under the authority of Nueces County and enforced by the City -County
Health District. Ms. Rose added that the compliance review indicated that the County is the
Authorized Agent and requires the County enter into an interlocal agreement with cities to allow the
County to designate the City as its representative to act on their behalf to issue permits for septic
systems. There were no comments from the audience. City Secretary Chapa polled the Council for
their votes as follows:
24. RESOLUTION N .027700
Resolution authorizing the City Manager or his designee to execute an Interlocal Agreement
with Nueces County to receive services related to the installation and permitting of on-site
sewage facilities within the city.
The foregoing resolution was passed and approved with the following vote: Garrett, Cooper,
Elizondo, Hummel, Kelly, Leal, Marez, and Martinez, voting `Aye"; McCutchon was absent.
Mayor Garrett referred to Item 25 regarding the Crime Control and Prevention District
Quarterly Project Update. Scott Ku era, Chairman of the Crime Control and Prevention District
Board of Directors, said the board of directors continues to work hard. Police Chief Bryan Smith
provided a brief overview including the current budget; the continued focus on Core Programs;one-
time expenditures; FY2008-2009 proposed budget; the budget calendar; and project updates on the
graffiti program, pawn shop detail, campus crime stoppers, and the Juvenile Assessment Center.
Council members asked questions regarding participation from the board of directors;
whether graffiti arrests are translating to convictions, probation or jail time; the age of graffiti
offenders; types of proactive tactics; and the misconception that graffiti taggers are artists.
Mayor Garrett referred to Item 26 regarding an update on Development Services Process
Improvements. Assistant City Manager for Development Services Robert Nix referred to a
p werp int presentation including the types of customers; customer services; primary values; basic
functions of the department; permitting process steps; major department issues; the old and new
intake system; the old and new management system; new plan review software; the electronic plan
check process; and the 2007 building inspections.
Minutes — Regular Council Meeting
May 13, 2008 — Page 14
Council members asked questions regarding the permitting process for addressing the
project data file; warnings to residents for using unlicensed contractors; whether there is a shortage
of inspectors; the involvement of the consultant Horizon Centre in this process; inconsistencies with
the staff and inspectors that are not familiar with the code requirements for passing inspections; and
whether th r r previous policies and procedures in place for thinspectors and office staff to
follow.
There being no further business to come before the Council, Mayor Garrett adjourned the
Council meeting at 4:08 p.m. on May 13, 2008.