HomeMy WebLinkAboutMinutes City Council - 09/09/2008I 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 September 9, 2008, which were approved by the City
Council on September 23, 2008.
WITNESSETH MY HAND AND SEAL, on this the 23rd day of September, 2008.
--
Armando Chapa �
City Secretary
SEAL
PRESENT
Mayor Henry Garrett
Mayor Pro Tem Priscilla Leal
Council Members:
Melody Cooper
Larry Elizondo, Sr.
Mike Hummell
Bill Kelly
Michael McCutchon
John Marez*
Nelda Martinez
*Arrived at 10:21 a.m.
MINUTES
CITY OF CORPUS CHRISTI, TEXAS
Regular Council Meeting
September 9, 2008 - 10:00 a.m.
City Staff:
Interim City Manager Angel R. Escobar
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 Council Member Nelda Martinez and the Pledge of
Allegiance to the United States flag was led by Council Member Bill Kelly.
City Secretary Chapa called the roll and verified that the necessary quorum of the Council
and the required charter officers were present to conduct the meeting.
Mayor Garrett called for approval of the minutes of the regular Council meetings of August
19, 2008 and August 26, 2008 and the workshop meeting of August 26, 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
Richard Drilling (Appointed)
Arts and Cultural Commission
Frank Trimble (Reappointed)
Joe Hilliard (Reappointed)
Ericka Kemm (Appointed)
Amorette Garza (Appointed)
Dr. Lad Young (Appointed)
Paul Bissell (Appointed)
Animal Control Advisory Committee
Barbara E. Beynon (Appointed)
Samantha Person (Appointed)
************
Mayor Garrett opened discussion on Item 5 regarding the Matthew Thebeau Memorial
Award. Police Chief Bryan Smith stated that Officer Matthew Thebeau passed away in the line of
duty and his parents Larry and Cindy Thebeau and family have requested to set up a fund for the
City to present to a deserving cadet that show the traits and attributes of Officer Thebeau. Mr. & Mrs.
Thebeau thanked the Council for giving the family the opportunity to honor their son and for
providing a way for their son to give back to the community. Ms. Thebeau listed the characteristics
that the recipient of the award should possess including honesty, integrity; humor; humility; athletic
Minutes — Regular Council Meeting
September 9, 2008 — Page 2
ability; and the heart it takes to be a police officer. Ms. Thebeau announced that the Thebeau family
was presenting the City with a check for $10,000 to set up the Matthew Thebeau Memorial Award.
Sergeant Yolanda Trujillo provided a list of Officer Thebeau's attributes and presented a memorial
plaque that will be on display at the training center in Officer Thebeau's honor.
City Secretary Chapa polled the Council for their votes as follows:
5. RESOLUTION NO. 027825
Resolution authorizing the City Manager or his designee to execute an agreement to
establish the Matthew Thebeau Memorial Award.
The foregoing resolution was passed and approved with the following vote: Garrett, Cooper,
Elizondo, Hummell, Kelly, Leal, McCutchon, and Martinez, voting "Aye"; Marez was absent.
* * * ** * * * *****
Mayor Garrett called for consideration of the consent agenda (Items 3 -22). Mr. Abel Alonzo
requested that Item 18 be pulled for individual consideration. Council members requested that
Items 6, 7, 8, 9, 10, 12, 19, and 21 be pulled for individual consideration. City Secretary Chapa
polled the Council for their votes as follows:
3.a. MOTION NO. 2008-234
Motion authorizing the City Manager or his designee to accept supplemental funding in the
amount of $30,000 from the Governor's Division of Emergency Management, Texas
Department of Public Safety, for additional funding eligible under the FY 2008 Local Border
Security Program and to execute all related documents.
The foregoing motion was passed and approved with the following vote: Garrett, Cooper,
Elizondo, Hummell, Kelly, Leal, McCutchon, and Martinez, voting "Aye"; Marez was absent.
3.b. ORDINANCE NO. 027823
Ordinance appropriating $30,000 from the Governor's Division of Emergency Management,
Texas Department of Public Safety in the No. 1061 Police Grants Fund for overtime
associated with the Border Star Program.
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, and
Martinez, voting "Aye"; Marez was absent.
4.a. MOTION NO. 2008-235
Motion authorizing the City Manager or his designee to accept a grant in the amount of
$89,001 from the State of Texas, Criminal Justice Division to continue the Victims of Crime
Act (VOCA) grant within the Police Department for Year 9 with a City cash match of $19,424,
in-kind match of $3,200 for a total project cost of $111,625 and authorizing the City Manager
or his designee to apply for, accept, reject, alter or terminate the grant.
The foregoing motion was passed and approved with the following vote: Garrett, Cooper,
Elizondo, Hummell, Kelly, Leal, McCutchon, and Martinez, voting "Aye"; Marez was absent.
Minutes — Regular Council Meeting
September 9, 2008 — Page 3
4.b. ORDINANCE NO. 027824
Ordinance appropriating $89,001 from the State of Texas, Criminal Justice Division in the
No. 1061 Police Grants Fund for funding available under the Victims of Crime Act (VOCA)
Fund and authorizing the transfer of $19,424 from the No. 1020 Cash Contributions to
Grants Fund to the No. 1061 Police Grants Fund as grant matching funds.
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, and
Martinez, voting "Aye"; Marez was absent.
11.a. RESOLUTION NO. 027836
Resolution authorizing the City Manager or his designee to accept a grant in the amount of
$394,978 and to execute a contract and all related documents with the Texas State Library
and Archives Commission to continue operation of the South Texas Library System at the
Corpus Christi Public Library for State Fiscal Year 2008-2009.
The foregoing resolution was passed and approved with the following vote: Garrett, Cooper,
Elizondo, Hummell, Kelly, Leal, McCutchon, and Martinez, voting "Aye"; Marez was absent.
11.b. ORDINANCE NO. 027837
Ordinance appropriating $394,978 from the Texas State Library and Archives Commission
into the Library Grants Fund No. 1068 to continue operation of the South Texas Library
System at the Corpus Christi Public Library for State Fiscal Year 2008-2009.
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, and
Martinez, voting "Aye"; Marez was absent.
13.a. RESOLUTION NO. 027840
Resolution authorizing the City Manager or his designee to accept a grant in the amount of
$148,694 and to execute a contract and all related documents with the Texas State Library
and Archives Commission to continue operation of the Interlibrary Loan Referral Center at
the Corpus Christi Public Library for State Fiscal Year 2008-2009.
The foregoing resolution was passed and approved with the following vote: Garrett, Cooper,
Elizondo, Hummell, Kelly, Leal, McCutchon, and Martinez, voting "Aye"; Marez was absent.
13.b. ORDINANCE NO. 027841
Ordinance appropriating $ 148,694 from the Texas State Library and Archives Commission
in the No. 1068 Library Grants Fund to continue operation of the Interlibrary Loan Referral
Center at the Corpus Christi Public Library for State Fiscal Year 2008-2009.
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, and
Martinez, voting "Aye"; Marez was absent.
Minutes — Regular Council Meeting
September 9, 2008 — Page 4
14.a. RESOLUTION NO. 027842
Resolution authorizing the City Manager or his designee to accept a grant from the State of
Texas, Office of Governor, Criminal Justice Division, in the amount of $10,874.14 for the
Juvenile Accountability Incentive Block Grant Program for an Anti -Shoplifting Education
Program for the Municipal Juvenile Court to reduce juvenile delinquency, improve the
Juvenile Justice System, and increase accountability ofjuvenile offenders, with a City Match
of $1,208.24 in the No. 1020 General Fund, and a total project cost of $12,082.38.
The foregoing resolution was passed and approved with the following vote: Garrett, Cooper,
Elizondo, Hummell, Kelly, Leal, McCutchon, and Martinez, voting "Aye"; Marez was absent.
1413. ORDINANCE NO. 027843
Ordinance appropriating $10,874.14 from State of Texas, Office of the Governor, Criminal
Justice Division, in the No. 1061 Police Grant Fund for eligible funding under the Juvenile
Accountability Incentive Block Grant Program for an Anti -Shoplifting Education Program for
the Municipal Juvenile Court to reduce juvenile delinquency, improve the Juvenile Justice
System, and increase accountability ofjuvenile offenders; transferring $1,208.24 from the
No. 1020 General Fund and appropriating it in the No. 1061 Police Grant Fund as grant
matching funds; appropriating $7,500 of estimated program income in the No. 1061 Police
Grant Fund.
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, and
Martinez, voting "Aye"; Marez was absent.
15. MOTION NO. 2008-236
Motion authorizing the City Manager or his designee to execute Change Order No. 2 for
leachate pond service roadways, containment pond, culverts, and roadway repairs in the
amount of $297,986.35 with Longhorn Excavators, Inc., of Richmond, Texas for the Cefe F.
Valenzuela Landfill Section 4A Liner & Leachate Collection System and Section 4B
Excavation.
The foregoing motion was passed and approved with the following vote: Garrett, Cooper,
Elizondo, Hummell, Kelly, Leal, McCutchon, and Martinez, voting "Aye'; Marez was absent.
16. MOTION NO. 2008-237
Motion authorizing the City Manager or his designee to execute a Real Estate Sales
Contract with Emil Martin Zuberbueler, et al in the amount of $55,654 plus $1,500 in closing
costs, for the purchase of fee simple property rights for Parcel 1, being 15.901 acres out of
the Margaret Kelly Land, located east of the Corpus Christi International Airport (CCIA) by
Bear Lane and FM 763 (Joe Mireur Road) in connection with the Taxiway Rehabilitation,
Taxiway Signage/Lighting and Airfield Drainage Project, Phase VI and for other municipal
purposes.
The foregoing motion was passed and approved with the following vote: Garrett, Cooper,
Elizondo, Hummell, Kelly, Leal, McCutchon, and Martinez, voting "Aye"; Marez was absent.
Minutes — Regular Council Meeting
September 9, 2008 — Page 5
17. MOTION NO. 2008-238
Motion authorizing the City Manager or his designee to execute a contract with James
Hetherington (Artist) for the design, production, installation, and purchase of a permanent
work of art created in stainless steel, in the amount of $12,375.00 as part of the Percent for
Art Program associated with the Fire Station #17 construction project.
The foregoing motion was passed and approved with the following vote: Garrett, Cooper,
Elizondo, Hummell, Kelly, Leal, McCutchon, and Martinez, voting "Aye"; Marez was absent.
20. FIRST READING ORDINANCE
Amending Section 14-1341, Platting Ordinance Fees, Section 55-70, Adoption of Rules,
Regulations and Water and Gas Fees, and Section 55-71(6)(2), (3), and (5), Sewer Tapping
Fees, Code of Ordinances, City of Corpus Christi, to increase or establish fees related to
Platting and Taps; providing for publication.
The foregoing ordinance was passed and approved on its first reading with the following
vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, and Martinez, voting
"Aye"; Marez was absent.
22. ORDINANCE NO. 027845
Abandoning and vacating a 3,782.34 -square foot portion of the Columbia Parkway public
street rig ht -of -way, located just south of the Trojan Drive public street right-of-way; subject to
owner's compliance with the specified conditions. (First Reading 08/26/08)
The foregoing ordinance was passed and approved on its second reading with the following
vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, and Martinez, voting
"Aye"; Marez was absent.
Mayor Garrett opened discussion on Items 6-10 regarding grants from the Texas Department
of State Health Services for the Health Department. Council Member McCutchon asked whether the
grant for terrorism is appropriated to a specific fund or the general fund. Acting Director of Public
Health Annette Rodriguez stated that the funds are appropriated to the laboratory. Dr. McCutchon
asked whether the acceptance of these grants would increase the operating budget. Ms. Rodriguez
explained that the grants are not reflected in the general fund. Dr. McCutchon asked whether the
City was the governing body that oversees the grants. Ms. Rodriguez said the City is the fiduciary
agent for the grants and the City is still required to meet the grant criteria. Interim Assistant City
Manager Cindy O'Brien stated that grants are reflected in the annual audit and the City's Annual
Financial Report (CAFR). City Secretary Chapa polled the Council for their votes as follows:
6.a. RESOLUTION NO. 027826
Resolution authorizing the City Manager or his designee to accept a grant of $230,351 from
the Texas Department of State Health Services for personnel costs 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.
Minutes — Regular Council Meeting
September 9, 2008 — Page 6
6.b. ORDINANCE NO. 027827
Ordinance appropriating a grant of $230,351 from the Texas Department of State Health
Services in the No. 1066 Health Grants Fund for personnel costs 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; Cooperwas absent.
7.a. RESOLUTION NO. 027828
Resolution authorizing the City Manager or his designee to accept a grant of $241,637 from
the Texas Department of State Health Services to provide an immunization program for
children, adolescents, and adults, with special emphasis on children two years of age or
younger, 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"; Cooperwas
absent.
7.b. ORDINANCE NO. 027829
Ordinance appropriating a grant of $241,637 from the Texas Department of State Health
Services in the No. 1066 Health Grants Fund to provide an immunization program for
children, adolescents, and adults, with special emphasis on children two years of age or
younger.
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.
8.a. RESOLUTION NO. 027830
Resolution authorizing the City Manager or his designee to accept a grant of $202,923 from
the Texas Department of State Health Services to provide essential public health services
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"; Cooperwas
absent.
8.b. ORDINANCE NO. 027831
Ordinance appropriating a grant of $202,923 from the Texas Department of State Health
Services in the No. 1066 Health Grants Fund to provide essential public health services.
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
September 9, 2008 — Page 7
9.a. RESOLUTION NO. 027832
Resolution authorizing the City Manager or his designee to accept a grant of $63,134 from
the Texas Department of State Health Services to provide tuberculosis prevention and
control services 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"; Cooperwas
absent.
9.b. ORDINANCE NO. 027833
Ordinance appropriating a grant of $63,134 from the Texas Department of State Health
Services in the No. 1066 Health Grants Fund to provide tuberculosis prevention and control
services.
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.
10.a. RESOLUTION NO. 027834
Resolution authorizing the City Manager or his designee to accept a grant of $22,500 from
the Texas Department of State Health Services to provide laboratory services for the
analysis of bay water samples 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"; Cooperwas
absent.
10.b. ORDINANCE NO. 027835
Ordinance appropriating a grant of $22,500 from the Texas Department of State Health
Services in the No. 1066 Health Grants Fund to provide laboratory services for the analysis
of bay water samples.
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.
Mayor Garrett opened discussion on Item 12 regarding a grant from the Texas State Library
and Archives Commission. Council Member Leal asked whether any of the grant funding would be
appropriated to the Greenwood Library. Director of Libraries Herb Canales said that the grant
funding was not for a specific library. Mr. Canales stated that the grant was provided to the fifty-four
member libraries in the South Texas Library System for a salary position and consulting services.
City Secretary Chapa polled the Council for their votes as follows:
12.a. RESOLUTION NO. 027838
Resolution authorizing the City Manager or his designee to accept a grant in the amount of
$79,000 and to execute a contract and all related documents with the Texas State Library
and Archives Commission to continue operation of the Technical Assistance Negotiated
Minutes — Regular Council Meeting
September 9, 2008 — Page 8
Grant Program administered by the South Texas Library System at Corpus Christi Public
Library for the State Fiscal Year 2008-2009.
The foregoing resolution was passed and approved with the following vote: Garrett, Cooper,
Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye".
12.b. ORDINANCE NO. 027839
Ordinance appropriating $79,000 from the Texas State Library and Archives Commission
into the Library Grants Fund No. 1068 to continue operation of the Technical Assistance
Negotiated Grant Program administered by the South Texas Library System at the Corpus
Christi Public Library for State Fiscal Year 2008-2009.
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 18 regarding a lease agreement with Miracle
League of Corpus Christi, Inc. Abel Alonzo, 1701 Thames, thanked everyone involved in the Miracle
Field project. Director of Parks and Recreation Sally Gavlik provided a brief overview of the project.
City Secretary Chapa polled the Council for their votes as follows:
18. FIRST READING ORDINANCE
Authorizing the City Manager or his designee to execute a twenty-year lease agreement with
Miracle League of Corpus Christi, Inc. for the use of approximately 1.25 acres on the State
School Park Site in consideration of Miracle Field construction, use, and maintenance;
providing for publication.
The foregoing ordinance was passed and approved on its first reading with the following
vote: Garrett, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye";
Cooper was absent.
Mayor Garrett opened discussion on Item 19 regarding an amendment the Code of
Ordinance to require pre -payment for gasoline or diesel fuel dispensed at a retail fuel business.
Police Chief Bryan Smith stated that gasoline theft has a significant impact on the crime rate in
Corpus Christi and these incidents detract police officers from targeting more serious crimes. Chief
Smith added that this ordinance could deal with this problem from a prevention stand point as
opposed to targeting it as an enforcement problem. Chief Smith said that some businesses have
stated that they would like the law codified so that itis enforced constantly so that it does not give
any business a competitive advantage.
The following topics pertaining to this item were discussed: the reason the City has an
interest in dictating to merchants when customers pay for gas/diesel; whether there has been an
outreach to the retail community; the reason the crime rate imposes an interest in this regulation; the
reason that businesses are not currently requiring pre -payment at the pump; whether Stripes is
currently requiring pre -payment; whether Stripes is trying to keep other businesses from having a
competitive advantage; the person that would be considered the criminal if the ordinance is violated;
how this ordinance would prevent theft; enforcement of this ordinance; the historical crime statistics
for gas drive -offs from 2005 to 2007; inaccurate reporting habits by businesses; economic loss of
state and federal dollars; the economic perspective for having a lower crime rate in the City; use of
cameras at businesses; the penalties for violating the ordinance; and what other cities are enacting
this ordinance.
Minutes — Regular Council Meeting
September 9, 2008 — Page 9
City Secretary Chapa polled the Council for their votes as follows:
19. FAILED
Amending the Code of Ordinances Chapter 33, by enacting a new section, Section 33 17,
Pre payment required for gasoline or diesel fuel dispensed at a retail fuel businese, to
require bucincr..cs selling gasoline or diesel fuel to individual customers to provide for prc
The foregoing ordinance failed to pass on its first reading with the following vote: Garrett,
Cooper, Elizondo, Rummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "No".
Mayor Garrett opened discussion on Item 21 regarding rules of operation for City maintained
cemeteries. Council Member Leal asked questions regarding the location of the cemeteries and
whether the City maintains a cemetery in the Flour Bluff area. Director of Parks and Recreation Sally
Gavlik stated that the cemeteries are located behind Coles School and Kennedy Avenue and that
there is not a City maintained cemetery in the Flour Bluff area. City Secretary Chapa polled the
Council for their votes as follows:
21. ORDINANCE NO. 027844
Amending the Code of Ordinances, Chapter 33, Offenses and Miscellaneous Provisions, to
establish Article VIII, regarding rules of operation for City maintained cemeteries; providing
for publication; providing for penalties. (First Reading 08/26/08)
The foregoing ordinance was passed and approved on its second reading with the following
vote: Garrett, Cooper, Elizondo, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye";
Hummell was absent.
*****,.*******
Mayor Garrett referred to Item 23, and a motion was made, seconded and passed to open
the public hearing on the following zoning case:
23. Case No. 0708-02, Greenwood -Molina Nursery School, Inc.: A change of zoning from a "R-
1 B" One -family Dwelling District to an "AB" Professional Office District resulting in a change
of land use from residential to commercial on property described as Washington Addition,
Block 1, Lot 14, located at 953 National Street across from the Greenwood -Molina Nursery
School, Inc.
City Secretary Chapa stated that the Planning Commission and staff recommended denial of
the "AB" Professional Office District, and in lieu thereof, approval of a "R-1 B" One -family Dwelling
District with a Special Permit to allow a playground on Washington Addition, Block 1, Lot 14, as an
accessory use to the childcare center occupying Washington Addition, Block 2, Lots 38, 39, 40, and
41 and subject to five (5) conditions.
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:
Minutes — Regular Council Meeting
September 9, 2008 — Page 10
23. ORDINANCE NO. 027846
Amending the Zoning Ordinance, upon application by Greenwood -Molina Nursery School,
Inc., by changing the Zoning Map in reference to Washington Addition, Block 1, Lot 14, from
"R-113" One -Family Dwelling District to "R-1 B/SP" One -Family Dwelling District with a Special
Permit to allow a playground, subject to five (5) 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, Hummell, Kelly, Leal, McCutchon, Marez, and
Martinez, voting "Aye".
Mayor Garrett referred to Item 24, and a motion was made, seconded and passed to open
the public hearing on the following zoning case:
24. Case No. 0708-05, Anchor Harbor Mobile Home Community, L.L.C.: A change in zoning
from a "B-4" General Business District to a "T -1A" Travel Trailer Park District with a "PUD -2"
Planned Unit Development -2 Overlay on Tract 1, resulting in a change of land use from
commercial to travel trailer park and "T-113" Manufactured Home Park District with a "PUD -2"
Planned Unit Development -2 Overlay on Tract 2, resulting in a change of land use from
commercial to manufactured home park on property described as 3.167 acres out of Anchor
Harbor Tract No. 1, located on the north side of South Padre Island Drive and approximately
500 feet west of Paul Jones Avenue.
City Secretary Chapa stated that the Planning Commission and staff recommended approval
of the "T -1A" Travel Trailer Park District with a "PUD -2" Planned Unit Development -2 on Tract 1 and
"T-1 B" Manufactured Home Park District with a "PUD -2" Planned Unit Development -2 Tract 2 and
subject to a site plan and four (4) conditions.
The following topics pertaining to this item were discussed: the site plan for the planned unit
development; whether a planned unit development was inclusive to include landscaping and
setback requirements; concerns with a freeway view of a trailer park; the location of the trailers; the
reason for placing trailers in that area; the current zoning for the property; the length of time that this
property has been zoned "B-4"; whether the current zoning was part of the master plan; whether
putting a mobile park adjacent to Padre Island Drive was discussed with the Planning Commission;
the number of units currently on the property; the zoning for the tract located east of the property; the
setback and screening requirements if the ordinance is approved; whether the pool and the existing
house will stay on the property; and the possibility of requiring additional landscaping for mitigation.
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.
Dr. McCutchon made a motion to table the ordinance, seconded by Ms. Martinez. The
motion to table was passed and approved with the following vote: Garrett, Cooper, Elizondo, Kelly,
Leal, McCutchon, and Martinez, voting "Aye"; Hummel) voting "No"; Marez was absent.
24. TABLED
Amending the Zoning Ordinance, upon application by Anchor Harbor Mobile Home
District with a '
'PUD 2" Planned Unit Development 2 Overlay on Tract 1, resulting in a
Minutes — Regular Council Meeting
September 9, 2008 — Page 11
Mayor Garrett opened discussion on Item 25 regarding the adoption of an ordinance setting
a tax rate of $0.563846 per $100 valuation. Interim Assistant City Manager Cindy O'Brien explained
that this item is for adoption of an ordinance setting the tax rate of $0.563846 and said that this rate
was included as part of the approved budget and is the same rate imposed last fiscal year. Ms.
O'Brien stated that this rate does not exceed the rollback tax rate of $0.578152 but it does exceed
the effective tax rate of $0.548464 that required the two public hearings.
The following items pertaining to this item were discussed: whether this rate is required for
the City to do infrastructure improvements and pay the increase for City employees; the amount of
additional revenue; the amount of revenue collected in 2008; the amount of money needed to cover
all of the City's bills; the tax rate needed in order to not increase the tax rate; the cost of the pay
raise for employees; and whether the City would be able to give the City employees a pay raise if the
effective tax rate was rolled back.
Ms. Leal stated that for the record she was in support of lowering the tax rate.
Mr. Kelly made a motion that the property taxes be increased by the adoption of a tax rate of
$0.563846 per $100 valuation. The motion was seconded by Mr. Hummell.
There were no comments from the audience. City Secretary Chapa polled the Council for
their votes as follows:
25. ORDINANCE NO. 027847
Ordinance setting a tax rate of $0.563846 per $100 valuation; prescribing the taxes to be
levied, assessed and collected by the City of Corpus Christi, Texas for Tax Year 2008 and
for each succeeding year thereafter until otherwise provided and ordained and such other
years, as the same may be applicable.
An emergency was declared, and the foregoing ordinance was passed and approved as
moved by Mr. Kelly and seconded by Mr. Hummell with the following vote: Garrett, Cooper,
Elizondo, Hummell, Kelly, McCutchon, Marez, and Martinez, voting "Aye"; Leal voting "No".
Mayor Garrett called for a brief recess to present proclamations and listen to public
comment.
Mayor Garrett called for petitions from the audience. Joan Veith, 5701 Cain, spoke in
opposition to the petition to raze the Memorial Coliseum. Bob Algeo, 15629 Three Fathoms, spoke
regarding the Veterans Summit; hurricane preparedness; the Bond 2008 work for Aquarius Street
and the Bayfront Phase 3 projects; and the Memorial Coliseum. Johnny French, 4417 Carlton
Street, spoke regarding the improvements for Packery Channel. Mr. French provided the Council
with a disk of the contracts between the Texas General Land Office (GLO) and the City. Jose
Minutes — Regular Council Meeting
September 9, 2008 — Page 12
Mendez, 5817 Brent Ford, spoke against the proposition to destroy the Memorial Coliseum. JoAnn
Smith, 15530 Cuttysark Street, requested clarification of the location of the area considered for
vehicular restriction on the beach. Teena Liles, 13829 Eaglesnest Bay, spoke in support of
eliminating vehicular traffic by the seawall. Ray Medina, 5413 Cain Drive, spoke regarding the City
not enforcing codes on a property located on Holly Road. Jerry Garcia, Southside Youth Sports,
spoke regarding the City maintaining the Westside Little League fields; the pilot program for South
Guth Youth Sports Complex; and Community Development Block Grant (CDBG) projects. Mary Lou
Huffman, 402 Old Robstown Road, spoke regarding illegal dumping of tires in neighborhoods. Tony
Hartwell thanked Assistant City Manager Margie Rose for responding immediately to issues and
asked the Council to consider ordinances regarding pre -payment of gasoline; requiring the same
gas price throughout the City; implementing half-price gas for fire, police, and emergency vehicles;
and restricting landlords from renting condemned property. Mr. Hartwell requested that more funding
be provided to Animal Control. Trian Serbu, 14310 Playa del Ray, spoke regarding the proposal for
the festival area and wind turbines on the Bayfront and asked the Council to consider repairing the
roof on the Coliseum immediately. Julian Young, 7021 Chiswick, spoke regarding the lighting at the
Skatepark. Luis Corona, Sr., 2805 David, encouraged Interim City Manager Angel Escobar to apply
for the City Manager position.
Mayor Garrett announced the executive sessions, which were listed on the agenda as
follows: (Item 37 was withdrawn) .
35. Executive session under §551.087 of the Texas Government Code for deliberations
regarding the offer of a financial or other incentive to a business prospect, the Las Brisas
project, with possible discussion and action related thereto in open session.
36. Executive session under §551.072 of the Texas Government Code for deliberations
regarding the lease of real property adjacent to Lake Corpus Christi, with possible
discussion and action related thereto in open session.
open session.
* * * * * * * * * * * * *
Mayor Garrett read the following statement regarding Item 26:
"Due to current market conditions resulting in an excess supply of bonds being offered for
sale by Texas political subdivisions, upon the advice of the City's financial advisor, consideration of
the sale of the City's solid waste certificates of obligation shall be delayed for one week, and shall be
considered at the September 16, 2008 City Council meeting."
26. POSTPONED UNTIL SEPTEMBER 16TH
other matters relating to the subject.
Minutes — Regular Council Meeting
September 9, 2008 — Page 13
Mayor Garrett opened discussion on Item 27 regarding the "Voyage: A Journey Through Our
Solar System" exhibit. Director of the Museum of Science and History Rick Stryker stated that the
City Council approved the submission of a grant application to the Institute of Museum and Library
Services in September2007. Mr. Stryker announced that the grantwas approved and explained that
this item is to accept the grant and appropriate the funding. Colleen McIntyre, Island Foundation,
referred to a powerpoint presentation including an explanation of the project; partnerships; the
Voyage communities; a description of the exhibit; the components of the exhibit; the selected
location of the sculptures; the items included with the package; the exhibit budget; the expenses for
Phase 1; the total project expenses; and timeline.
There were no comments from the audience. Assistant City Secretary Juarez polled the
Council for their votes as follows:
27.a. MOTION NO. 2008-239
Motion authorizing the City Manager or his designee to accept and execute all related
documents for a Museums for America Grant from the Institute of Museum and Library
Services in the amount of $150,000 for the exhibit, "Voyage: A Journey Through Our Solar
System" to be installed along Shoreline Boulevard.
The foregoing motion was passed and approved with the following vote: Garrett, Cooper,
Elizondo, Hummell, Kelly, Leal, McCutchon, and Martinez, voting "Aye"; Marez was absent.
27.b. ORDINANCE NO. 027848
Ordinance appropriating $179,600 into the Museum Grants Fund No. 1069 for the purchase
of the exhibit, "Voyage: A Journey Through Our Solar System" from the following sources:
Museums for American Grant in the amount of $150,000 from the Institute of Museum and
Library Services, $15,000 cash donation from the Corpus Christi Independent School District
Foundation, $11,000 cash donation from American Bank, and $3,600 cash donation from
the Friends of the Corpus Christi Museum of Science and History.
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, and
Martinez, voting "Aye"; Marez was absent.
27.c. MOTION NO. 2008-240
Motion authorizing the City Manager or his designee to execute an agreement with
Exhibitology, LLC in the amount of $179,600 for the fabrication of the exhibit, "Voyage: A
Journey Through Our Solar System".
The foregoing motion was passed and approved with the following vote: Garrett, Cooper,
Elizondo, Hummell, Kelly, Leal, McCutchon, and Martinez, voting "Aye'; Marez was absent.
Mayor Garrett opened discussion on Item 28 regarding the establishment of a State
Veterans' Cemetery. City Attorney Fischer announced that this item was postponed by staff.
28. POSTPONED UNTIL SEPTEMBER 161h
Veterans' Land Board of the State of Texas and Nucccs County and the City of Corpus
Christi for the establishment of a State Veterans' Cemetery.
Minutes — Regular Council Meeting
September 9, 2008 — Page 14
Mayor Garrett opened discussion on Item 29 regarding a Memorandum of Understanding
with Nueces County for the City — County Health District. George K. Noe provided an overview of the
negotiations with the County regarding administrative procedures at the Health Department
including a single pay schedule for staff; the use of the City plan for paid time off plan; the use of the
City system for travel and mileage reimbursement; employee incentives; use of the City's purchasing
system including P -Cards; restaurant inspection positions and funding; the costs and appointment
of the Director and Assistant Director positions; and grants.
The following topics pertaining to this item were discussed: whether the Commissioners
Court supported the changes and guidelines for grants.
Mayor Garrett made a motion to amend the resolution by changing the wording from
"implement" to "present a plan for". The motion was seconded by Ms. Martinez. The foregoing
motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummel', Kelly,
Leal, McCutchon, and Martinez, voting "Aye"; Marez was absent.
There were no comments from the audience. City Secretary Chapa polled the Council for
their votes as follows:
29. RESOLUTION NO. 027849
Resolution authorizing the City Manager or his designee to execute a Memorandum of
Understanding with Nueces County to develop and present a plan for administrative
changes within the City -County Health District.
The foregoing resolution was passed and approved as amended with the following vote:
Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, and Martinez, voting "Aye";
Marez was absent.
Mayor Garrett opened discussion on Item 30 regarding the FY2008 Consolidated Annual
Action Plan (GAAP).
Council Member Leal made the following statement
"I publicly disclose that I am a member of the Nueces County Community Action Agency
Board.
I will obtain no financial interest or benefit from a CDBG, ESG or HOME activity.
will have no financial interest in any contract with respect to a CDBG, ESG or HOME activity
or its proceeds.
I will abstain from participation in all deliberation and voting of funding related to this board."
Council Member Martinez made the following statement:
"I publicly disclose that I am a member of the Palmer Drug Abuse Board.
I will obtain no financial interest or benefit from a CDBG, ESG or HOME activity.
I will have no financial interest in any contract with respect to a CDBG, ESG or HOME activity
or its proceeds.
Minutes — Regular Council Meeting
September 9, 2008 — Page 15
I will abstain from participation in all deliberation and voting of funding related to this board."
City Secretary Chapa made the following statement on behalf of Council Member Marez:
"Mr. Marez disclosed that through his profession, he regularly deals with the ARK
Assessment Center and the Emergency Shelter for Youth.
He will obtain no financial interest or benefit from a CDBG, ESG or HOME activity.
He will have no financial interest in any contract with respect to a CDBG, ESG or HOME
activity or its proceeds.
He will abstain from participation in all deliberation and voting of funding related to the ARK
Assessment Center and the Emergency Shelter for Youth."
Director of Community Development Daniel Gallegos provided a brief overview of the
previous council action and stated that the City received approval of the CAAP on August 21, 2008.
Mr. Gallegos explained that this item requires acceptance of the grants to implement the 2008
CDBG, ESG, and HOME program; execution of the subrecipient agreements and development
projects and activities; appropriate the funding; and execution of an amendment to the FY2008
subrecipient agreement with Del Mar College for Business Resource Center.
There were no comments from the audience. City Secretary Chapa polled the Council for
their votes as follows:
30.a. MOTION NO. 2008-241
Motion authorizing the City Manager or designee to accept grants from the U. S. Department
of Housing and Urban Development to implement the FY2008 Consolidated Annual Action
Plan, including the Community Development Block Grant (CDBG), the Emergency Shelter
Grant (ESG), and the HOME Investment Partnerships (HOME) Grant, and execute
subrecipient agreements for community planning and development projects and activities.
FY2008 CDBG FUNDING
(1) Amistad Community Health Center -$100,000
(2) Corpus Christi Hope House - $50,000
(3) Del Mar College/Business Resource Center - $150,000
(4) Goodwill Industries of South Texas, Inc. - $100,000
(5) Gulf Coast Council of La Raza, Inc. - $50,000
(6) International Westside Pony League - $95,000
(7) Mental Health Mental Retardation Center of Nueces County (MHMR-NC) - $75,000
(8) Mother Theresa Shelter, Inc. - $100,000
(9) Nueces County Community Action/Weatherization/Minor Home Repair - $60,000
(10) Palmer Drug Abuse Program - $40,000
(11) Wesley Community Center - $50,000
(12) YMCA of the Coastal Bend - $78,066
FY2008 ESG FUNDING
(13) Catholic Charities of Corpus Christi - $15,000
(14) Coastal Bend Alcohol & Drug Rehabilitation Center d.b.a. Charlie's Place - $15,000
(15) Corpus Christi Hope House, Inc. - $15,000
(16) Corpus Christi Metro Ministries, Inc. - $30,000
(17) Mary McLeod Bethune Day Nursery, Inc. - $15,000
Minutes — Regular Council Meeting
September 9, 2008 — Page 16
(18) The Ark Assessment Center and Emergency Shelter for Youth - $15,000
(19) The Salvation Army - $20,000
(20) Timon's Ministries - $5,000
(21) Wesley Community Center - $12,469
FY2008 HOME FUNDING (CCCIC)
(22) Accessible Housing Resources, Inc. — $85,000
(23) Coastal Bend Alcohol and Drug Rehabilitation Center dba Charlie's Place -
$100,000
(24) Nueces County Community Action Interim Financing: Infill Revitalization Project
(CHDO) - $189,000
(25) Nueces County Community Action Agency Acquisition/ Rehab/Resale (CHDO) -
$65,000
The foregoing motion was passed and approved with the following vote: Garrett, Cooper,
Elizondo, Hummell, Kelly, Leal, McCutchon, and Martinez, voting "Aye"; Marez was absent.
(NOTE: Martinez abstained on the vote and discussion on the portion of the resolution
relating to the Palmer Drug Abuse Project; Leal abstained on the vote and discussion on the
portion of the resolution relating to the Nueces County Community Action Agency project).
30.b. ORDINANCE NO. 027850
Ordinance appropriating $5,917,493 in the No. 1059 CDBG Grants Fund for the FY2008
Consolidated Annual Action Plan which includes: (1) $4,053,099 for the CDBG Program,
consisting of $3,354,513 of entitlement funds, $470,000 of program income from housing
loans, $128,586 of demolition lien program income, and $100,000 of reprogrammed funds;
(2) $149,967 of entitlement funds for the ESG Program; and (3) $1,714,427 for the HOME
Program, consisting of $1,604,096 of entitlement funds, $10,331 of the American Dream
Downpayment Initiative Grant, $100,000 of program income from housing loans, for
approved community planning and development projects and activities.
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, and
Martinez, voting "Aye"; Marez was absent.
30.c. MOTION NO. 2008-242
Motion authorizing the City Manager or his designee to execute amendment to the FY2008
subrecipient agreement with Del Mar College for Business Resource Center to include an
additional carryover amount of approximately $16,198 from the FY2007 Community
Development Block Grant (CDBG) to provide small business assistance and administration.
The foregoing motion was passed and approved with the following vote: Garrett, Cooper,
Elizondo, Hummell, Kelly, Leal, McCutchon, and Martinez, voting "Aye"; Marez was absent.
Mayor Garrett opened discussion on Item 31 regarding the initiative proceedings and
consideration of an ordinance pursuant to Article I, Section 4, of the City Charter to raze Memorial
Coliseum and erect an appropriate memorial in an appropriate location honoring: "the sons and
daughters of Nueces County who made the supreme sacrifice in World War 1f'.
Minutes — Regular Council Meeting
September 9, 2008 — Page 17
City Secretary Chapa stated that this item is an initiative effort submitted in regards to the
Memorial Coliseum. Mr. Chapa said that the City Charter requires that the City Secretary submit the
request to the City Council. Mr. Chapa added that the Council has the options to either approve an
ordinance to raze the Memorial Coliseum and erect an appropriate memorial at an appropriate
location on first reading; reject the ordinance; or postpone action. Mr. Chapa stated that if the
Council does not take action on this item within 45 days or rejects the ordinance, he will provide the
requester with petition forms for circulation. Mr. Chapa said if the requester receives the sufficient
number of signatures (five percent of register voters); the issue will be placed on the ballot at the
next City Council election.
The following topics pertaining to this item were discussed: the deadline to take action on
this issue; what occurs if the Council does not take action; changes to the initiative effort; whether
the petition can void a decision of the Council; the date when the petition process can begin;
whether the Request for Qualification (RFQ) states that the developer will use the Coliseum as part
of the structure; the timeline for the committee to provide a recommendation; and the reason for the
delay in the RFQ process.
Council Member Leal requested a list of the people that attended the town hall meetings and
voiced their opinions.
Mayor Garrett called for comments from the audience. Johnny French, 4417 Carlton, asked
the Council to continue the process and allow the public to listen to the report provided by the
committee.
Mr. Hummell made a motion to table this item and not address the issue until the Council has
more information. The motion is seconded by Ms. Martinez. The motion to table was passed and
approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon,
Marez, and Martinez, voting "Aye". (Mr. Marez was originally absent during the vote on Item 31.
There was a consensus of the Council to allow Mr. Marez to record his vote.)
31. TABLED
Mayor Garrett opened discussion on Item 32 regarding the installation of bollards seaward of
the Padre Island seawall. Council Member McCutchon said that this resolution detailed the elements
of the compromise plan for the bollards from the seawall to the north jetty. Dr. McCutchon stated that
there were revisions to the resolution presented.
Dr. McCutchon made a motion to amend the resolution to include the language "whereas,
that the ballot measure is adopted and approved by the General Land Office, the City will work with
the GLO, the Corps of Engineers, etc. to ensure that the beach is renourished as expeditiously as
possible and ongoing studies will determine how to maintain the beach on a continuing basis;
include the word temporary at the beginning of Section 1.a.; and change Section 1.(6) to read "the
orientation of the bollards so as to allow close water access near jetty. The motion was seconded by
Ms. Martinez. The foregoing motion was passed and approved with the following vote: Garrett,
Cooper, Elizondo, Hummell, Leal, McCutchon, Marez, and Martinez, voting "Aye"; Kelly abstained.
The following topics pertaining to this item were discussed: the distance of the bollards that
will extend northward towards the south jetty and the restoration of the beach.
Minutes — Regular Council Meeting
September 9, 2008 — Page 18
Mayor Garrett called for comments from the audience. Johnny French, 4417 Carlton,
recommended adding a section regarding the restoration of the beach. Hal Suter, Chairman of the
Beach Access Coalition, spoke in support of the resolution as amended. Cliff Schlabach, Coastal
Bend Chapter of the Surfrider Foundation, asked the Council to approve the resolution. Mary Lou
Huffman, spoke in support of open beaches and restoration of the beach.
Dr. McCutchon made a motion to amend the resolution by adding Section 3. The City
Council will undertake efforts to restore beach to a minimum of 200 feet. The motion was seconded
by Ms. Martinez. The foregoing motion was passed and approved with the following vote: Garrett,
Cooper, Elizondo, Hummell, Leal, McCutchon, Marez, and Martinez, voting "Aye"; Kelly abstained.
City Secretary Chapa polled the Council for their votes as follows:
32. RESOLUTION NO. 027851
Resolution establishing the City Council's guidance on the installation of bollards seaward of
the Padre Island seawall to address safety issues related to the eroding beach between
renourishment efforts.
The foregoing resolution was passed and approved as amended with the following vote:
Garrett, Cooper, Elizondo, McCutchon, Marez, and Martinez, voting "Aye"; Hummell was
absent; Kelly abstained.
*************
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 announced that Item
34 regarding a presentation on the status and proposed scheduled of hearings for adoption of the
Unified Development Code (UDC) was pulled.
* * * **********
Mayor Garrett announced that on behalf of the Interim City Manager Angel Escobar and
emergency personnel, the City will continue to monitor Hurricane Ike. Mayor Garrett advised the
community to monitor the media and be prepared.
There being no further business to come before the Council, Mayor Garrett adjourned the
Council meeting at 3:31 p.m. on September 9, 2008.