HomeMy WebLinkAboutMinutes City Council - 05/27/2008I 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 27, 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
*Arrived at 12:38 p.m.
MINUTES
CITY OF CORPUS CHRISTI, TEXAS
Regular Council Meeting
May 27, 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
Mayor Garrett called the meeting to order in the Council Chambers of City Hall.
The invocation was delivered by Pastor Rodney Amos with Trinity Church of the Nazarene
and the Pledge of Allegiance to the United States flag was led by Council Member McCutchon.
Mayor Garrett called for approval of the minutes of the regular Council meeting of May 13,
2008. A motion was made and passed to approve the minutes as presented.
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Mayor Garrett called for consideration of the consent agenda (Items 2 - 8). Council Member
Marez announced that he would abstain from the discussion and vote on Item 4. There were no
comments from the public. Council members requested that Items 4 and 8 be pulled for individual
consideration. Assistant City Secretary Juarez polled the Council for their votes as follows:
2.a. RESOLUTION NO. 027710
Resolution authorizing the City Manager or his designee to accept a grant of $21,367 from
San Patricio County to provide personnel, mileage reimbursement, travel, and office
supplies in support of the mission and goals of the Regional Health Awareness Board and to
execute all related documents.
The foregoing resolution was passed and approved with the following vote: Garrett, Elizondo,
Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye"; Cooper was absent.
2.b. ORDINANCE NO. 027711
Ordinance appropriating a grant of $21,367 from San Patricio County to provide personnel,
mileage reimbursement, travel, and office supplies in support of the mission and goals of the
Regional Health Awareness Board.
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Garrett, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and
Martinez, voting "Aye"; Cooper was absent.
Minutes — Regular Council Meeting
May 27, 2008 — Page 2
3.a. RESOLUTION NO. 027712
Resolution authorizing the City Manager or his designee to accept an additional amended
grant of $127,250 from the Department of State Health Services for equipment, supplies,
and other expenses relating to a plan for responding to an act of terrorism and to execute all
related documents.
The foregoing resolution was passed and approved with the following vote: Garrett, Elizondo,
Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye"; Cooper was absent.
3.b. ORDINANCE NO. 027713
Ordinance appropriating an additional amended grant of $127,250 from the Department of
State Health Services in the No. 1066 Health Grants Fund for equipment, supplies, and
other expenses relating to a plan for responding to an act of terrorism.
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Garrett, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and
Martinez, voting "Aye"; Cooper was absent.
5. ORDINANCE NO. 027715
Ordinance authorizing the City Manager or his designee to execute an agreement with the
Young Men's Christian Association of the Coastal Bend, Inc. (YMCA) for use of T.C. Ayers
Pool and adjacent grounds for summer 2008 and extensions for up to three additional
summer periods, for YMCAs operation of free summer swim programs.
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Garrett, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and
Martinez, voting "Aye"; Cooper was absent.
6. MOTION NO. 2008-126
Motion approving the application from Bayfest, Inc. to temporarily close the following street
sections for the 2008 Bayfest Festival beginning Tuesday, September 16, 2008 through
Wednesday, October 1, 2008,
A. Southbound Shoreline Boulevard, from Kinney Street to 550 feet south of Park
Avenue and the portion of 100 feet north of Furman Avenue beginning Tuesday,
September 16, 2008 at6:00 a.m. through Wednesday, October 1, 2008 at6:00 p.m.
B. Kinney Street, from northbound Shoreline Boulevard to southbound Shoreline
Boulevard beginning Tuesday, September 16, 2008 at 6:00 a.m. through
Wednesday, October 1, 2008 at 6:00 p.m.
C. Born Street, from southbound Shoreline Boulevard to Water Street beginning
Tuesday, September 16, 2008 at 6:00 a.m. through Wednesday, October 1, 2008 at
6:00 p.m.
D. Broadway Court, from southbound Shoreline Boulevard to Water Street beginning
Tuesday, September 16, 2008 at 6:00 a.m. through Wednesday, October 1, 2008 at
6:00 p.m.
Minutes — Regular Council Meeting
May 27, 2008 — Page 3
E. Park Avenue, from northbound Shoreline Boulevard to Water Street beginning
Tuesday, September 16, 2008 at 6:00 p.m. through Wednesday, October 1, 2008 at
6:00 p.m.
The foregoing motion was passed and approved with the following vote: Garrett, Elizondo,
Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye"; Cooper was absent.
7 MOTION NO. 2008-127
Motion authorizing the City Manager or his designee to execute Change Order No. 4 in the
amount of $86,109.86 with Bay, Ltd. for a restated contract total price of $10,657,154.49 to
provide for installation of two water mains, one five-foot diameter manhole and eight -inch
sanitary sewer main for the Cimarron Boulevard, Phase 1 Project (Saratoga to Yorktown).
The foregoing motion was passed and approved with the following vote: Garrett, Elizondo,
Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye"; Cooper was absent.
Mayor Garrett opened discussion on Item 4 regarding the 78415 Community Youth
Development Program. Council Member Leal asked questions regarding the information she had
previously requested on youth that provided services by the different agencies by this program.
Superintendent for Community Services Valerie Villarreal stated that staff was able to provide the
total number of clients served but could not list the individuals served since that list is confidential.
Ms. Leal asked how the list was determined to be confidential. Ms. Villarreal explained that the
Texas Department of Family and Protective Services (DFPS) have strict guidelines of confidentiality
and only the Fiscal Agent (City) has access to this information. In response to Ms. Leal, Ms.
Villarreal said that the information is sent to DFPS by the City as per their agreement. Ms. Leal
requested a copy of the contract between the City and DFPS. Assistant City Secretary Juarez
polled the Council for their votes as follows:
4. RESOLUTION NO. 027714
Resolution authorizing the City Manager or his designee to submit a grant application to
serve as the Fiscal Agent for the Texas Department of Family and Protective Services
(DFPS) FY 2008-2009 78415 Community Youth Development (CYD) Program, with
$500,000 DFPS funding.
The foregoing resolution was passed and approved with the following vote: Garrett,
Elizondo, Hummell, Kelly, Leal, McCutchon, and Martinez, voting "Aye"; Marez abstained;
Cooper was absent.
Mayor Garrett opened discussion on Item 8 regarding Cefe Valenzuela Disposal Cell 4A and
4B. Council Member Martinez asked for the timeframe for the engineering of the leachuate
evaporation ponds. Interim Director of Engineering Services Kevin Stowers stated that the permit
modification was executed by the Texas Commission on Environmental Quality (TCEQ) on May 20'x'
and that staff anticipates that the permanent leachate pond will be in service in the immediate future.
Assistant City Secretary Juarez polled the Council for their votes as follows:
8.a. MOTION NO. 2008-128
Motion authorizing the City Manager or his designee to execute a contract with Longhorn
Excavators, Inc., of Richmond, Texas, in the amount of $2,369,450 for construction of Cefe
F. Valenzuela Landfill Section 4A Liner & Leachate Collection System and Section 4B
Excavation.
Minutes -- Regular Council Meeting
May 27, 2008 — Page 4
The foregoing motion was passed and approved with the following vote: Garrett, Elizondo,
Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye"; Cooper was absent.
8.b. MOTION NO. 2008-129
Motion authorizing the City Manager or his designee to execute a contract for engineering
materials testing services with Kleinfelder, Inc., of Corpus Christi, Texas, in the amount of
$262,466 for construction of Cefe F. Valenzuela Landfill Section 4A Liner & Leachate
Collection System and Section 4B Excavation project.
The foregoing motion was passed and approved with the following vote: Garrett, Elizondo,
Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye"; Cooper was absent.
*************
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. 0408-09, Corpus Christi Construction, Inc. — A change of zoning from a "RE"
Residential Estate District to a "R-2" Multiple Dwelling District resulting in a change of land
use designation from estate residential to medium density residential on property described
as a 16.63 acre tract of land out of a portion of Flour Bluff and Encinal Farm and Garden
Tracts Section 54, Lot 9 and Lot 10, located in Flour Bluff on the west side of Laguna Shores
Road approximately 400 feet north of Hustlin' Hornet Drive.
Assistant City Secretary Juarez stated that the Planning Commission recommended
approval of the "R-2" Multiple Dwelling District and staff recommended denial of the "R-2" Multiple
Dwelling District.
Assistant Director of Development Services Faryce Goode -Macon referred to a powerpoint
presentation including the location map of the subject property; expanded view of the subject
property; 2006 and 2007 aerial view; the existing land use map; "R-2" multiple dwelling district
allowances; additional views of the subject property; future land use maps for 2006 and 2008; and
the planning commission and staffs recommendation.
Mayor Garrett called for comments from the audience. Betty Holt, 237 Lola Johnson, asked
the Council to consider the safety, health, and education of the children. Charles Roberts, 2142
Alazan, spoke regarding changes to the zoning application; the 2006 zoning; the acreage of the lots;
and the safety of the citizens. Art Allcock, 254 Lola Johnson, spoke in opposition of the development
of the apartments and expressed his concern for the natural surrounding; the safety of the children;
and traffic. Alex Nick, 201 Lola Johnson, spoke regarding the maintenance of the apartments and
traffic on Laguna Shore Road. Mr. Nick spoke in opposition to the zoning change. John Riley, 270
Lola Johnson, spoke regarding the runoff of the development to the pond and ecotourism. Mr. Riley
spoke in support of staffs recommendation. Kelly Russell, 270 Lola Johnson, asked the Council to
consider development that would improve on the existing assets and not consider multi -family uses.
Dale Mecom, representative for Flour Bluff Independent School District, submitted a letter from
Superintendent Dr. Julie Carbajal expressing the district's concerns regarding the development.
Spencer Collins, 4014 Claudia Drive and applicant, provided information on the activity on
Laguna Shores Road; addressing environmental issues; platting; location of the lift station;
consideration of a reimbursement agreement for the lift station; background on the zoning in 2006;
uses for "R-2" zoning; the open space percentage for "R-2" zoning; future land uses; the staff report
Minutes — Regular Council Meeting
May 27, 2008 — Page 5
for Case No. 0308-02 from March 5th to the Planning Commission; discussion with the Engineering
Department regarding Laguna Shores Road; and delineation of the wetland from the Corp of
Engineers.
Council members asked questions regarding when the property was designated as medium
density residential and zoned "RE" Residential Estate District; whether the change in 2006 was
reflected on the comprehensive map; whether "R-2" zoning allows for three (3) structures; staffs
recommendation; the entity that owns the pond; the reason that staff changed their original
recommendation from March; medium density residential west of Laguna Shores; whether there are
specific concerns with the water area that make the property inappropriate for medium density
zoning; the property north of Lola Johnson; whether the applicant would considera Special Permit;
concerns that the pond will have a higher concentration of pollutants if the property is developed
multi -family or medium density; drainage into the wetland area; the developer's responsibility to
control runoff; wetland protection guidelines; the developer's plan for development along the
northern property line; whether the Council has any control after the zoning is approved; whether the
homes on Lola Johnson are on stilts; whether this development will be on stilts; whether all of the
structures will have two floors of livable space; the setback for multi -family; whether Debra Road will
carry the majority of the traffic; traffic impacts with the project to the north; whether the development
plan address the use of Laguna Shores as an arterial street versus Debra Lane; extending Lola
Johnson to Waldron Road; whether the developer would consider splitting the zoning; the set back
for "R-16"; the ordinance for "R -1B"; and whether Council could amend the proposed ordinance.
Mayor Garrett called for a brief recess to present proclamations and listen to public
comment.
* * * * * * * * * * * * *
Mayor Garrett called for comments from the audience. Joan Veith, 5701 Cain Drive, spoke
in support of a pay raise for firefighters. Lionel Lopez, 4325 Philippine, spoke regarding the financial
impact the insurance has on firefighters and retirees. Gail Hoffman, 3442 Paradise, announced that
the Rotary Club has selected the construction of the Police Athletic League Concession Stand as
their project. Ms. Hoffman invited the Council to attend the groundbreaking ceremony an
Wednesday, May 29th at 3:00 p.m. on the grounds of the Athletic Field. Susan Thiem, 96 Lakeshore
Drive, spoke regarding the Animal Control Department's response to a pit bull attack. Theresa
Holland, 4422 South Alameda, thanked the Council and Assistant City Manager Margie Rose for
supporting her graduate work. Ms. Holland provided information regarding her project for
sustainable development titled "Greenway".
Marco Gambo, 2105 South Carancahua, asked the Council to improve the conditions of the
old fire station located at 209 South Carancahua. Maria Gonzalez, 1813 Amazon, asked the Council
to settle the negotiations with the firefighters and spoke in support of increasing salaries and
improving benefits. Charles Roberts, 2142 Alazan, spoke regarding the notification to property
owners on the abandoning and vacating of Linda Lee Drive in 2006. Bill Maher, 7330 Sun Valley,
spoke regarding the effects of Agent Orange to employees at the Corpus Christi Army Depot. Mr.
Maher asked the Council to support the investigation of this matter. Mary P. Reyes, 709 Anderson,
spoke on behalf of her husband about the illness he developed from working at the Corpus Christi
Army Depot. J.E. O'Brien, 4130 Pompano, spoke regarding the decision to appeal the lawsuit on
Council insurance.
Carolyn Moon, 4902 Calvin, thanked the Corpus Christi International Airport for their support
of the Patriot Guard Riders welcoming of troops from Iraq and Afghanistan. Olga Gonzalez, 1809
Yale, spoke regarding the health problems her late husband developed and the environmental
conditions at the Corpus Christi Army Depot. Ms. Gonzales asked the Council to support the efforts
Minutes — Regular Council Meeting
May 27, 2008 — Page 6
of the retired employees of the Corpus Christi Army Depot. Craig Loving, 1037 Stirman, expressed
his appreciation to the firefighters and spoke in support of expediting the negotiations. Carlos
Torres, President of the Corpus Christi Firefighters Association, asked that the City settle the
contract negotiations with the firefighters before August 15t and that the firefighters receive fair
treatment during the budget process.
* * ******** * * *
Mayor Garrett returned to public comment on Item 9 regarding Case No. 0408-09, Corpus
Christi Construction, Inc. Jerry Hartung, 2101 Laguna Shores Drive, spoke in opposition to the
zoning change because of the environment; traffic issues; and the privacy of the residents on Lola
Johnson. Rebecca Root, 325 Lola Johnson Road, spoke regarding the problems on Laguna Shore
Drive; property concerns; the education of the students; and mitigation. Ms. Root also stated that
there were no three story homes located on Lola Johnson.
David Keast, owner of the property north of the subject property, spoke in support of the
project. Mr. Keast addressed the issues of the current zoning; environmental sensitivity; and
education awareness. Mr. Keast said that the developers are developing the property to improve the
area. Jeff Smith, Broker for the buyer, spoke in support of the rezoning and the economic
opportunities for the City. Justin Posey, current land owner, said he requested the "RE" zoning
change in 2006 because there was no infrastructure at the time and there was no interest in the
property. Frank Field, 221 Lola Johnson, spoke in opposition to the zoning change because of
lighting issues and increased traffic. Mr. Field asked the Council to consider staffs commendation.
Jerri Bohing, 535 Don Patricio Road, spoke in opposition to the zoning change because of
sinkholes, flooding; and the danger to the children in the area. David Bohing, 535 Don Patricio
Road, suggested that the property be used for an environmental education facility for the school
system.
Mayor Garrett called for a 15 -minute recess.
*************
Mayor Garrett returned to discussion on Item 9 regarding Case No. 0408-09, Corpus Christi
Construction, Inc. Council members asked questions regarding whether the school district would
have to discontinue use of the pond; how the medium density residential areas were determined for
the future land use map in low areas; whether the developer agreed to address the concerns of the
Council during the break; whether the 20% rule is invoked; the set back requirements for "R -1C";
the zoning on Lola Johnson Drive; and amending the height restrictions.
Dr. McCutchon made a motion to require that the developer address the storm water runoff;
create a 25 -foot setback to the backyard of residents; and have a height restriction of 30 -feet on the
structures 25 -feet back. The motion was seconded by Mr. Kelly and passed with a voice vote.
Mr. Elizondo made a motion to close the public hearing, seconded by Ms. Cooper, and
passed. The 20% rule is in effect and requires seven (7) votes for the ordinance to pass. Mr. Chapa
polled the Council for their votes as follows:
9. FAILED
Minutes — Regular Council Meeting
May 27, 2008 — Page 7
penalty; providing for publication.
An emergency was declared, and the foregoing ordinance failed with the following vote:
Cooper, Kelly, McCutchon, Marez, and Martinez, voting "Aye"; Garrett, Elizondo, and
Hummell, voting "No"; Leal was absent.
*************
Mayor Garrett opened discussion on Item 10 regarding an incentive payment to the Corpus
Christi Convention and Visitors Bureau Board (CVB). Assistant City Manager Oscar Martinez
explained that this item was to appropriate and approve an incentive payment for the performance
by the CVB as per the current contract.
Mayor Garrett called for comments from the audience. Abel Alonzo, 1701 Thames, spoke in
support of the CVB and said that the incentive was well earned. City Secretary Chapa polled the
Council for their votes as follows:
1.0.a. ORDINANCE NO. 027716
Ordinance appropriating $202,116 from the Unappropriated Fund Balance in the No. 1030
Hotel Occupancy Tax fund for an incentive payment to the Corpus Christi Convention and
Visitors Bureau; changing the FY 2007-2008 Operating Budget adopted by Ordinance No.
027352 to increase appropriations by $202,116.
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".
10.b. MOTION NO. 2008-130
Motion approving the payment of $202,116 to the Corpus Christi Convention and Visitor's
Bureau for an incentive payment as provided under the current contract for services.
The foregoing motion was passed and approved with the following vote: Garrett, Cooper,
Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye".
*************
Mayor Garrett recessed the regular Council meeting to hold a meeting of the Corpus Christi
Community Improvement Corporation (CCCIC).
*************
Mayor Garrett reconvened the Regular Council Meeting. Mayor Garrett referred to Item 12
regarding an overview of the proposed FY2008-2009 Operating Budget, Assistant City Manager
Oscar Martinez referred to a powerpoint presentation including a budget overview; fund structure;
the distribution of revenues and expenditures by fund; the budget preparation process; the
document format; combined fund summary of revenues and expenditures by fund; summary and
Minutes — Regular Council Meeting
May 27, 2008 — Page 8
fund balance by fund type; history of net taxable values; historical tax rate; tax rate split; sales tax
collections; general fund unreserved fund balance; proposed utility rate increases; proposed utility
rate increases; and initiatives.
Council members asked questions regarding the reason the industrial districts are not listed
under ad valorem tax; the $4 million reduction in the water fund balance; the cost of service model
for the water fund; ways to avoid variances in revenue patterns in the water fund; the estimated
revenues for storm water; whether there were adjustments made for increasing energy costs and
fuel consumption; the percentage of property tax that will fund public safety; the savings associated
with once a week garbage pickup; the balance for the Reinvestment Zone No. 2 fund and the
amount reserved for dredging; whether the Hotel Occupancy Tax funds maintenance of Magee and
Corpus Christi Beach; whether the tax rate for general fund maintenance and operations includes
funding for maintaining the senior centers; minimizing internal service funds; how the self insurance
fund is reflected; the percentage of decrease in new growth; and drawing down from the general
fund unreserved fund balance.
Council Member Leal requested an update on the food program at the senior centers.
Mayor Garrett announced that the Council was going to break from the budget presentation
to go into executive session. Mayor Garrett announced that the City Manager evaluation was
postponed.
15. POSTPONED
Executive session pursuant to Texas Government Code, Section 551.074, Personnel
session,
*************
Mayor Garrett announced the executive session, which was listed on the agenda as follows:
14. Executive Session under Texas Government Code Section 551.071 regarding fire collective
bargaining negotiations, with possible discussion and action related thereto in open session.
The Council went into executive session. The Council returned from executive session.
*************
Mayor Garrett returned to Item 12 regarding an overview of the proposed FY2008-2009
Operating Budget. Assistant City Manager Oscar Martinez referred to the powerpoint presentation
including salary adjustments; health insurance increases; and the proposed budget calendar.
Council members asked questions regarding whether the increases in fire and police health
insurance are for the amount of co -pay or the premium; the difference between the salary
adjustments for police and fire and the insurance increase; the unreserved fund balance from 5 to
10 years ago; the proposed increase in sales tax and ad valorem tax; and park development fees.
*************
Minutes — Regular Council Meeting
May 27, 2008 — Page 9
Mayor Garrett referred to Item 13 regarding a preview of the proposed public input website
for the Citywide Storm Water Master Plan Project. Deputy Director of Development Services Johnny
Perales explained that this presentation is to provide a preview of the public input process to receive
input through the Internet. William J. Green, Goldston Engineering, introduced the technical project
team including Sarah West and David Miles. Mr. Green provided a brief overview of the website
including the review and comment portions of the alignment review; map sheet protocol; drainage
criteria technical guide; drainage criteria manual; and the drainage design manual.
Council members asked questions regarding continuing discussions with the County;
developer concerns on charges for new construction; costs associated with the a drainage system;
the flexibility to adjust the plans; and the depth of the channels.
*************
There being no further business to come before the Council, Mayor Garrett adjourned the
Council meeting at 4:13 p.m. on May 27, 2008.
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