HomeMy WebLinkAboutMinutes City Council - 05/20/2008I HEREBY CERTIFY that the foregoing is a true and correct copy of the minutes of the Regular
Meeting of the Corpus Christi City Council of May 20, 2008, which were approved by the City
Council on June 10, 2008.
WITNESSETH MY HAND AND SEAL, on this the 10th day of June, 2008.
Armando Chapa
City Secretary
SEAL
PRESENT
Mayor Henry Garrett
Mayor Pro Tem John Marez
Council Members:
Melody Cooper*
Larry Elizondo, Sr.
Mike Hummell
Bill Kelly
Priscilla Leal
Michael McCutchon
Nelda Martinez
MINUTES
CITY OF CORPUS CHRISTI, TEXAS
Regular Council Meeting
May 20, 2008 - 10:00 a.m.
City Staff:
City Manager George K. Noe
City Attorney Mary Kay Fischer
City Secretary Armando Chapa
Assistant City Secretary Mary Juarez
*Arrived at 10:08 a.m.
Mayor Garrett called the meeting to order in the Council Chambers of City Hall.
The invocation was delivered by Pastor Kevin Jennings with Mount Olive Lutheran Church
and the Pledge of Allegiance to the United States flag was led by Council Member Priscilla Leal.
* * * * * * * * * * * *
Mayor Garrett referred to Item 1 and the following board appointments were made:
Airport Board
Dr. George H. Fisher (Appointed)
George G. Richard (Appointed)
C.C. Digital Community Development Corporation
Sylvia Whitmore (Reappointed)
Patrick Smith (Appointed)
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Mayor Garrett called for consideration of the consent agenda (Items 2-6). Mr. Abel Alonzo
requested that Item 4 be pulled for individual consideration. Council members requested that Item 5
be pulled for individual consideration. Assistant City Secretary Juarez polled the Council for their
votes as follows:
2. MOTION NO. 2008-124
Motion approving a service agreement with Concentra Health Services d.b.a. Concentra
Medical Centers of Addison, Texas for drug testing services, in accordance with Request for
Proposal (RFP) No. BI -0071-08, for an estimated three-year expenditure of $262,297.50, of
which $7,286.04 is required and budgeted for the remainder of FY 2007-2008. The term of
the service agreement will be for three years with an option to extend for up to two additional
twelve-month periods subject to the approval of the supplier and the City Manager or his
designee. This service will be used by all City departments. Funds are budgeted in the
Liability & Employee Benefits Fund.
The foregoing motion was passed and approved with the following vote: Garrett, Cooper,
Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye".
Minutes — Regular Council Meeting
May 20, 2008 — Page 2
3. MOTION NO. 2008-125
Motion approving the purchase of three (3) trailer mounted water pumps from Godwin
Pumps of America, Inc., of Corpus Christi, Texas for a total amount of $88,715.75. The
award is made in accordance with the cooperative purchasing agreement with the Texas
Local Government Cooperative. The equipment will be used by the Water Department.
Funding is available in the Capital Outlay Budget of the Maintenance Services Fund.
The foregoing motion was passed and approved with the following vote: Garrett, Cooper,
Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye".
6. ORDINANCE NO. 027704
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. (First Reading 05/13/08)
The foregoing ordinance was passed and approved on its second reading with the following
vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez,
voting "Aye".
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 the City for their support and for executing the lease agreement with Nueces County
Mental Health and Mental Retardation Center. Assistant City Secretary Juarez polled the Council for
their votes as follows:
4.a. ORDINANCE NO. 027701
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.
(First Reading 04/22/08)
The foregoing ordinance was passed and approved on its second reading with the following
vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez,
voting "Aye".
4.b. ORDINANCE NO. 027702
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. (First Reading 04/22/08)
The foregoing ordinance was passed and approved on its second reading with the following
vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez,
voting "Aye".
Mayor Garrett opened discussion on Item 5 regarding amending the Zoning Ordinance to
include the definitions of community homes and family. In response to Council Member Kelly,
Assistant City Attorney Jay Reining stated that community home residents are defined by state law
as six (6) patients with specific illnesses and two (2) supervisors. Assistant City Secretary Juarez
polled the Council for their votes as follows:
Minutes — Regular Council Meeting
May 20, 2008 — Page 3
5. ORDINANCE NO. 027703
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-
1.24; providing for penalties; and providing for publication. (First Reading 05/13/08)
The foregoing ordinance was passed and approved on its second reading with the following
vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez,
voting "Aye".
Mayor Garrett opened discussion on Item 11 regarding the alternate entrance road at Naval
Air Station Corpus Christi (NAS -CC). Interim Assistant City Manager Angel Escobar explained that
this item authorizes the City to request that the Texas Military Preparedness Commission allow the
City to use funds previously provided to realign Flour Bluff Drive near Waldron Naval Auxiliary
Landing Field.
Captain Tim Coolidge, NAS -CC, provided a brief presentation including a vision for the base;
the need for expansion of the Corpus Christi Army Depot; relocation of the back nine holes for the
golf course; the proposed final state of the base; community access; and smart growth.
Council members asked questions regarding air training at Waldron; the skeet range;
moving the Bay Club; and whether the City has drawn funds from the military revolving loan fund.
There were no comments from the audience. Assistant City Secretary Juarez polled the
Council for their votes as follows:
11. RESOLUTION NO. 027709
Resolution authorizing City Manager to execute amendment to project description in
connection with purchase of Certificates of Obligation by Texas Military Preparedness
Commission.
The foregoing resolution was passed and approved with the following vote: Garrett, Cooper,
Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye".
Mayor Garrett referred to Item 12 regarding the community visioning project. City Manager
Noe provided a brief overview of the project. Mr. Noe announced that the first community meeting is
scheduled for Tuesday, May 20`h. Dr. Mary Sherwood, Texas A & M University — Corpus Christi,
thanked the Mayor and Council for their endorsement of the project. Dr. Sherwood said the project
has been named BoldFuture for the Coastal Bend.
Steven Ames, Principal for Steven Ames Planning, provided a background on his long range
planning consulting and spoke regarding the visioning process; involvement of citizens; determining
the direction of the City; and identifying key goals for the future.
Mayor Garrett referred to Item 7, and a motion was made, seconded and passed to open the
public hearing on the following zoning case:
Minutes — Regular Council Meeting
May 20, 2008 — Page 4
Case No. 0408-04, Callicoatte Mini -Storage, L.P.: A change of zoning from a "B-4" General
Business District to an "1-2" Light Industrial District resulting in a change of land use
designation from vacant to light industrial on property described as 0.59 acres out of Fallins
Riverside Subdivision, Block 9, Lot 2, located on Callicoatte Road, approximately 200 feet
from Leopard Street.
Assistant City Secretary Juarez stated that the Planning Commission and staff
recommended denial of the "1-2" Light Industrial District and, in lieu thereof, approval of a Special
Permit for open storage of vehicles, trailers, boats, RV's and motor homes associated with the mini
storage use on the subject property, and subject to a site plan and four (4) conditions.
No one appeared in opposition to the zoning change. Mr. Marez made a motion to close the
public hearing, seconded by Ms. Cooper, and passed. Ms. Juarez polled the Council for their votes
as follows:
7. ORDINANCE NO. 027705
Amending the Zoning Ordinance, upon application by Callicoatte Mini -Storage, L.P., by
changing the Zoning Map in reference to 0.59 acres out of Fallins Riverside Subdivision,
Block 9, Lot 2 from "B-4" General Business District to "B-4/SP" General Business District
with a Special Permit to allow open storage of vehicles, trailers, boats, RV's and motor
homes associated with the mini -storage use on subject property, subject to a site plan and
four (4) conditions; 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!, Kelly, Leal, McCutchon, Marez, and
Martinez, voting "Aye".
Mayor Garrett referred to Item 8, and a motion was made, seconded and passed to open the
public hearing on the following zoning case:
Case No. 0408-05, Hightower Building Company, LLC: A change of zoning from an "AB"
Professional Office District with a Special Permit to a "13-1" Neighborhood Business District
resulting in a change of land use designation from office uses and a retail store use (estate
sale items) to a restaurant use (coffee shop) on property described as Alameda Park
Subdivision Block 6, Lot 35 located on the east side of Everhart Road approximately 700
feet south of the Everhart and Alameda intersection.
Assistant City Secretary Juarez stated that the Planning Commission and staff
recommended approval of the "B-1" Neighborhood Business District.
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. Ms. Juarez polled the Council for their votes
as follows:
8. ORDINANCE NO. 027706
Amending the Zoning Ordinance, upon application by Hightower Building Co., LLC, by
changing the Zoning Map in reference to Alameda Park Subdivision, Block 6, Lot 35, from
"AB" Professional Office District with a Special Permit to "B-1" Neighborhood Business
Minutes — Regular Council Meeting
May 20, 2008 — Page 5
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, McCutchon, Marez, and
Martinez, voting "Aye".
Mayor Garrett referred to Item 9, and a motion was made, seconded and passed to open the
public hearing on the following zoning case:
Case No. 0408-06, B & EC Partnership, Ltd.: A change of zoning from a "F -R" Farm -Rural
District to a "B-1" Neighborhood Business District resulting in a change of land use
designation from agricultural/rural to neighborhood commercial on property described as a
7.55 acre tract of land out of a portion of Flour Bluff and Encinal Farm and Garden Tracts
Section 19, Lot 18, located at the southeast corner of the intersection of Airline Road and
Wooldridge Road.
Assistant City Secretary Juarez stated that the Planning Commission and staff
recommended approval of the "B-1" Neighborhood Business District on Tract 1; and denial of the "B-
1" Neighborhood Business District on Tract 2 (eastern 100 feet of the property) and, in lieu thereof,
approval of a "B -1A" Neighborhood Business District.
No one appeared in opposition to the zoning change. Ms. Cooper made a motion to close
the public hearing, seconded by Mr. Elizondo, and passed. Ms. Juarez polled the Council for their
votes as follows:
9. ORDINANCE NO. 027707
Amending the Zoning Ordinance, upon application by B & EC Partnership, LTD, by changing
the Zoning Map in reference to 5.21 acres (Tract 1) out of Flour Bluff and Encinal Farm and
Garden Tracts, Section 19, Lot 18, from "F -R" Farm Rural District to "B-1" Neighborhood
Business District and 2.34 acres (Tract 2) out of Flour Bluff and Encinal Farm and Garden
Tracts, Section 19, Lot 18, being the eastern 100 feet, from "F -R" Farm Rural District to "B -
1A" Neighborhood Business 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, McCutchon, Marez, and
Martinez, voting "Aye".
Mayor Garrett opened discussion on Item 10 regarding the issuance of tax notes. Director of
Financial Services Cindy O'Brien explained that this ordinance authorizes the issuance of tax notes
in the amount of $22,260,000 to finance the approved project list. Mark Seal, Financial Advisor with
M.E. Allison, provided a brief presentation including the list of banks that received packets;
comparison of bids from Frost Bank and Bank of America; the sources and uses of funds; debt
service schedule; and the municipal market data scale. Mr. Seal said the bank is accepting the
bonds on the underlining credit rating of the City. Ms. O'Brien introduced Mike Carrell and Sylvia
Whitmore with Frost Bank.
Minutes — Regular Council Meeting
May 20, 2008 — Page 6
Bill Kopecky, 3609 Topeka, spoke regarding the issuance of bonds; the reason these
projects cannot be considered for the bond election; subsidizing to the convention center; and
funding of solid waste equipment. Ms. O'Brien said that all of the projects will be funded out of the
General Debt Service Fund.
Council members asked questions regarding how the chillers for the American Bank Center
will be shown on the budget; the reason for utilizing this method for replacing solid waste vehicles
instead of funds that are available in the solid waste budget; and solid waste revenues.
Assistant City Secretary Juarez polled the Council for their votes as follows:
10. ORDINANCE NO. 027708
Ordinance authorizing the issuance of tax notes in the principal amount of $22,260,000;
approving the sale of the notes; providing for the levy, assessment and collection of a tax
sufficient to pay the interest on said notes and to create a sinking fund for the payment of the
principal thereof; and ordaining other matters related thereto.
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and
Martinez, voting "Aye".
Mayor Garrett referred to the Item 13 regarding a presentation on Governmental Accounting
standards Board (GASB) Statement No. 45 —Accounting for Financial Reporting by Employers for
Postretirement Benefits other than Pensions (OPEB). Director of Financial Services Cindy O'Brien
introduced the presentation team including Deputy Director of Financial Services Constance
Sanchez; Director of Human Resources Cynthia Garcia; and Health Benefits Manager Tammy
McDonald.
Ms. O'Brien referred to a powerpoint presentation including an explanation of GASB 45 and
OPEB; who is affected and when; actuarial valuation; frequency of valuations; the reasons for the
change; the definition of implicit subsidy; the implicit rate subsidy; the current number of City
covered participants; monthly health insurance rates for FY07-08; examples of pay-as-you-go
accounting; example of implicit subsidy; actuarial terminology; the City's pay-as-you-go cost for
retiree medical benefits for fiscal year ending July 31, 2008; annual required contribution as of July
31, 2008; funded versus unfunded plans; results of the unfunded actuarial accrued liability; the net
OPEB obligation for fiscal year ending July 31, 2008; and OPEB decision points for funding
strategies and the health care policy.
Council members asked questions regarding higher rates for retiree unblended rates for
police and fire; implications for booking the net OPEB obligation; how the interest rate is determined;
the funded plan; whether retirees are being subsidized by current employees; blended rates;
premiums for active and retired employees; the reason OPEB is requiring the City to reflect this rate
as a different liability; the unfunded actuarial accrued liability; and the annual required contribution.
Minutes — Regular Council Meeting
May 20, 2008 — Page 7
Mayor Garrett called for petitions from the audience. Abel Alonzo, 1701 Thames, spoke
regarding appointments to boards, commissions, and committees. Gloria Scott, 4422 S. Alameda,
thanked the Parks and Recreation Department for the use of Solomon M. Coles School Gymnasium
for programs for the youth and spoke regarding the Juneteenth Celebration. Bob Algeo, 15629
Three Fathoms, thanked the Council for approving Item 6 regarding the curfew for the Windward
Drive parking lot.
There being no further business to come before the Council, Mayor Garrett adjourned the
Council meeting at 11:30 a.m. on May 20, 2008.
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