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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.