HomeMy WebLinkAboutMinutes City Council - 09/16/2008I 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 16, 2008, which were approved by the City
Council on September 30, 2008.
WITNESSETH MY HAND AND SEAL, on this the 30th day of September, 2008.
Armando Chapa
City Secretary
SEAL
PRESENT
Mayor Henry Garrett
Mayor Pro Tem Priscilla Leal
Council Members:
Melody Cooper*
Mike Hummell
Bill Kelly
Michael McCutchon
John Marez**
Nelda Martinez
ABSENT
Larry Elizondo, Sr.
*Arrived at 10:32 a.m.
**Arrived at 11:28 a.m.
MINUTES
CITY OF CORPUS CHRISTI, TEXAS
Regular Council Meeting
September 16, 2008 - 10:00 a.m.
City Staff:
Interim City Manager Angel R. Escobar
City Attorney Mary Kay Fischer
City Secretary Armando Chapa
Mayor Garrett called the meeting to order in the Council Chambers of City Hall.
Council Member Leal requested that a special prayer be given for Nicolasa Salinas, mother
of Council Member Larry Elizondo. The invocation was delivered by Pastor Charles S. Brown with
St. Paul United Church of Christ and the Pledge of Allegiance to the United States flag was led by
Council Member Priscilla Leal.
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 consideration of the consent agenda (Items 1 - 10). There were no
comments from the public. Council members requested that Items 1, 3, 4, 5, and 7 be pulled for
individual consideration. City Secretary Chapa polled the Council for their votes as follows:
2. MOTION NO. 2008-244
Motion approving a software maintenance and licensing service agreement with SHI-
Government Solutions, Austin, Texas for Novell Open Enterprise Server, Novell Open
Workgroup Suite, GroupWise 7 and Novell Cluster Services Maintenance in accordance
with the State of Texas Cooperative Purchasing Program for an estimated annual
expenditure of $98,153. The term of the contract will be for twelve months 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.
The foregoing motion was passed and approved with the following vote: Garrett, Hummell,
Kelly, Leal, McCutchon, and Martinez, voting "Aye'; Cooper, Elizondo, and Marez were
absent.
Minutes — Regular Council Meeting
September 16, 2008 — Page 2
6.a. MOTION NO. 2008-248
Motion authorizing the City Manager or his designee to accept grant funding in the amount of
$145,069.25 from the Texas Department of Transportation (TXDOT) for a Comprehensive
Selective Traffic Enforcement Project (STEP) in the Police Department for overtime DWI
and Speed enforcement with a City match of $39,131.31 and to execute all related
documents.
The foregoing motion was passed and approved with the following vote: Garrett, Hummell,
Kelly, Leal, McCutchon, and Martinez, voting "Aye"; Cooper, Elizondo, and Marez were
absent.
6.b. ORDINANCE NO. 027852
Ordinance appropriating $145,069.25 from the Texas Department of Transportation
(TXDOT) for funding for a Comprehensive Selective Traffic Enforcement Project (STEP) in
the No. 1061 Police Grants Fund.
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Garrett, Hummell, Kelly, Leal, McCutchon, and Martinez, voting "Aye";
Cooper, Elizondo, and Marez were absent.
MOTION NO. 2008-249
Motion authorizing the City Manager or his designee to execute Amendment No. 1 to the
Contract for Professional Services with Govind Development, L.L.0 in the amount of
$126,000 for a revised fee of $150,900 for the New Broadway Wastewater Treatment
Plant for project oversight and assistance.
The foregoing motion was passed and approved with the following vote: Garrett, Hummell,
Kelly, Leal, McCutchon, and Martinez, voting "Aye"; Cooper, Elizondo, and Marez were
absent.
9. ORDINANCE NO. 027857
Ordinance abandoning and vacating a 4,950 -square foot portion of a 10 -foot wide utility
easement out of the Midtown Industrial District, Block 1, Lots 62-63, adjacent to and south of
Bear Lane and west of the South Navigation Boulevard and Bear Lane intersection;
requiring the owner, A-1 Construction Co., Inc., to comply with the specified conditions.
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Garrett, Hummell, Kelly, Leal, McCutchon, and Martinez, voting "Aye";
Cooper, Elizondo, and Marez were absent.
10. ORDINANCE NO. 027854
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. (First Reading 09/09/08)
Minutes — Regular Council Meeting
September 16, 2008 — Page 3
The foregoing ordinance was passed and approved on its second reading with the following
vote: Garrett, Hummell, Kelly, Leal, McCutchon, and Martinez, voting "Aye"; Cooper,
Elizondo, and Marez were absent.
Mayor Garrett opened discussion on Item 1 regarding a supply agreement for gas service
regulators. Council Member Leal asked questions regarding the year the regulators were
implemented; the number of gas customers; the number of regulators purchased and the number
required; and whether the price includes shipping costs. Assistant Director of Financial Services
Michael Barrera stated that the regulators are used as replacements, for all new services, and for
the Automated Meter Reading (AMR) project that began three years ago. Mr. Barrera added that
there are approximately 40,000 to 50,000 gas customers. Mr. Barrera stated that he was unaware of
the number purchased and that the regulators are going to be used for the regular operations for
maintenance and new subdivisions. Mr. Barrera provided an explanation of the purpose for the
regulators and said that the price included shipping costs. City Secretary Chapa polled the Council
for their votes as follows:
1. MOTION NO. 2008-243
Motion approving a supply agreement with Global Metering Systems, of Lancaster, Ohio, for
approximately 8,000 gas service regulators in accordance with Bid Invitation No. 61-0165-08,
based on low bid, for an estimated annual expenditure of $118,800, of which $99,000 is
budgeted in FY08-09. The term of the agreement shall be for twelve months 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. Funds have been budgeted by the Gas
Department in FY08-09.
The foregoing motion was passed and approved with the following vote: Garrett, Hummell,
Kelly, Leal, McCutchon, and Martinez, voting "Aye"; Cooper, Elizondo, and Marez were
absent.
Mayor Garrett opened discussion on Item 3 regarding the lease/purchase of two (2) side
loader refuse trucks. Council Member Leal asked questions regarding the reason the Solid Waste
Department needed two additional refuse side loader trucks and the timeline that the City can
continue operations without the purchase of the trucks. Assistant Director of Solid Waste Services
Lawrence Mikolajczyk stated that the two trucks were additions to the fleet to help service the
current and future growth of the City and to maintain the current fleet. Director of General Services
Jim Davis explained that the trucks are essential for the department to replace five (5) trucks that will
be placed in the refurbishment program. Mr. Davis added that the five (5) trucks have met their life
service and that the refurbishment program will allow the trucks to be used an additional two to four
years. City Secretary Chapa polled the Council for their votes as follows:
3. MOTION NO. 2008-245
Motion approving the lease/purchase of two (2) side loader refuse trucks from Rush Truck
Center, of Houston, Texas in the amount of $487,498. The award is based on the
cooperative purchasing agreement with the Texas Local Government Purchasing
Cooperative (TLGPC). These units are additions to the fleet and will be used by the Solid
Waste Department. Financing for the refuse truck will be provided through the City's lease -
purchase financing program.
The foregoing motion was passed and approved with the following vote: Garrett, Hummell,
Kelly, McCutchon, and Martinez, voting "Aye"; Leal voting "No"; Cooper, Elizondo, and Marez
were absent.
Minutes — Regular Council Meeting
September 16, 2008 — Page 4
Mayor Garrett opened discussion on Item 4 regarding the lease/purchase of two (2) rear
loading refuse trucks. Council Member Leal stated that she inadvertently pulled Item 4 for
discussion. City Secretary Chapa polled the Council for their votes as follows:
4. MOTION NO. 2008-246
Motion approving the lease/purchase of two (2) rear loading refuse trucks from Grande
Truck Center, San Antonio, Texas in the amount of $384,060. The award is based on the
cooperative purchasing agreement with the Texas Local Government Purchasing
Cooperative (TLGPC). These units are replacements to the fleet and will be used by the
Solid Waste Department. Financing for the refuse truck will be provided through the City's
lease -purchase financing program.
The foregoing motion was passed and approved with the following vote: Garrett, Hummell,
Kelly, Leal, McCutchon, and Martinez, voting "Aye"; Cooper, Elizondo, and Marez were
absent.
Mayor Garrett opened discussion on Item 5 regarding consultant services agreements for the
Development Services Department. Assistant City Manager Robert Nix explained that this item was
for approval of consultant services agreements to assist the Development Services Department with
plan review services, inspection services, adjunct staffing and program audit services.
The following topics pertaining to this item were discussed: the reason for outsourcing the
services; the number of certified/non-certified inspectors; whether the services are budgeted; fee
increases; builders and developers expressing interest for outside vendors for inspections or plan
reviews; supplementing costs; whether contracting with outside agencies would allow less scrutiny;
monitoring procedures; the number of trained individuals that could be hired by the department for
$250,000 versus the services provided by the consultants; long term solutions to resolve the
problems at Development Services; whether permanent positions will be deleted; the number of
Request for Qualification (RFQ) issued and received; the fourth bid received that was not
recommended for approval; excluding local businesses; conflict of interests; the line item in the
budget; whether developers has the option of choosing a specific consultant; and whether the
consultants would be considered on a rotating basis. City Secretary Chapa polled the Council for
their votes as follows:
5. MOTION NO. 2008-247
Motion approving consultant service agreements with the following companies for the
following amounts for Plan Review Services, Inspection Services, Adjunct Staffing Services
and Program Audit Services in accordance with Request for Qualification No. BI -0066-08B,
based on most qualified proposals for an estimated annual expenditure of $250,000. The
term of the agreements will be for twelve months with an option to extend the agreements for
up to two additional twelve month periods subject to the approval of the consultants and the
City Manager or his designee.
Sunrise Engineering Inc. - Bureau Veritas Building Code Cnslt. Svcs.
Mesa. AZ Plano. TX Dallas. TX
Plan Review, Plan Review, Inspection Services,
Program Audit Program Audit, Plan Review,
$75,000 Inspection Svcs., Adjunct Staffing
Adjunct Staffing $75,000
$100,000
Grand Total: $250,000
Minutes — Regular Council Meeting
September 16, 2008 — Page 5
The foregoing motion was passed and approved with the following vote: Garrett, Cooper,
Hummell, Kelly, McCutchon, and Martinez, voting "Aye"; Elizondo, Leal, and Marez were
absent.
Mayor Garrett opened discussion on Item 7 regarding a Secondary Emergency Operations
Center. In response to Council Member McCutchon, Fire Chief Richard Hooks said that the AT&T
Texas Facility would be used as a secondary emergency operation center in the event that
something happened to the current Emergency Operations Center (EOC). Chief Hooks added that
AT&T has agreed to provide access at no costs to the City. Chief Hooks introduced Sandra Alvarez
with AT&T and thanked AT&T for their assistance. City Secretary Chapa polled the Council for their
votes as follows:
7. RESOLUTION NO. 027853
Resolution authorizing the City Manager or his designee to execute a Use Agreement with
AT&T Texas for use of AT&T Texas Facility as a Secondary Emergency Operations Center.
The foregoing resolution was passed and approved with the following vote: Garrett, Cooper,
Hummell, Kelly, McCutchon, and Martinez, voting "Aye"; Elizondo, Leal, and Marez were
absent.
*****,,*******
Mayor Garrett opened discussion on Item 17 regarding Las Brisas Energy Center. Director of
Economic Development Irma Caballero stated that this item is requesting support for Las Brisas
Energy Center's Application for an air permit filed with the Texas Commission on Environmental
Quality (TCEQ). Ms. Caballero introduced the present team as follows: John UpChurch, Roland
Mower, Kathleen Smith, Buddy Stanley, and John Riley. Ms. Caballero provided a brief overview of
the environmental and economic benefits to the community.
Roland Mower, CEO of the Corpus Christi Regional Economic Development Corporation
(EDC) referred to a powerpoint presentation including an overview of the presentation; the project
summary; site map; photo of the project site; partnering opportunities; supporting agreements; and
benefits.
There were no comments from the audience. City Secretary Chapa polled the Council for
their votes as follows:
17. RESOLUTION NO. 027859
Resolution supporting Las Brisas Energy Center's application for an air permit filed with the
Texas Commission on Environmental Quality.
The foregoing resolution was passed and approved with the following vote: Garrett, Cooper,
Hummell, Kelly, Leal, McCutchon, and Martinez, voting "Aye"; Elizondo and Marez were
absent.
* * * * *********
Mayor Garrett referred to Item 11, and a motion was made, seconded and passed to open
the public hearing on the following zoning case:
Minutes — Regular Council Meeting
September 16, 2008 — Page 6
Case No. 0708-01, Daniel L. Henderson: A change in zoning from "1-2" Light Industrial
District to an "1-3" Heavy Industrial District resulting in a change of land use from light
industrial to heavy industrial for an above ground fuel storage tank on property described as
being a 900 -square foot tract of land, being out of the 4.769 acre tract of land as described
in deed recorded in Document No. 1998047073, Official Records of Nueces County, Texas,
said 900 -square foot tract is out of Section 8, Range "V", H. L. Kinney Sectionalized lands,
Villarreal Grant, Nueces County, Texas, located at 7331 Leopard Street, generally located
on the interior of the property at the northwest corner of Leopard Street and Southern
Minerals Road.
City Secretary Chapa stated that the Planning Commission and staff recommended denial of
an "1-3" Heavy Industrial District, and in lieu thereof, approval of an "1-2" Light -Industrial District with
a Special Permit for one (1)1,000 gallon UL2085 above ground fuel storage tank subject to a site
plan with four conditions.
No one appeared in opposition to the zoning change. Ms. Cooper made a motion to close
the public hearing, seconded by Mr. Kelly, and passed.
The following topics pertaining to this item were discussed: ways for creating a circumstance
in "1-2" zoning to allow for an above ground storage tank; whether there is currently a tank on the
property; how long the tank has been on the property; the chronological order for allowing an above
ground storage tank; the repercussions to property owners for disregarding the zoning ordinance
requirements; whether action can be taken against the business that installed or constructs the tank;
whether a building permit was issued; and the fire marshal inspection.
Mr. Chapa polled the Council for their votes as follows:
11. ORDINANCE NO. 027855
Amending the Zoning Ordinance, upon application by Daniel L. Henderson, member and
registered agent, 7404 Leopard Street Property, LLC, by changing the zoning map in
reference to a 900 -square foot tract of land, being out of the 4.769 acre tract out of H.L.
Kinney sectionalized lands, Villarreal Grant, Section 8, Range "V", from "1-2" Light Industrial
District to "I-2/SP" Light Industrial District with a Special Permit to allow one (1)1,000 gallon
UL2085 above ground fuel storage tank, 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 for publication.
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Garrett, Cooper, Hummell, Kelly, Leal, and McCutchon, voting "Aye";
Elizondo, Marez, and Martinez.
Mayor Garrett referred to Item 12, and a motion was made, seconded and passed to open
the public hearing on the following zoning case:
Case No. 0808-01, David and Kacv Alexander: A change in zoning from an "A-1" Apartment
House District to "F -R" Farm -Rural District resulting in a change of land use from vacant to
agricultural on property described as a 7.93 acre tract of land, being out of the South one-
half of Lot 32, Section 49, Flour Bluff and Encinal Farm and Garden Tracts.
City Secretary Chapa stated that the Planning Commission and staff recommended approval
of the "F -R" Farm -Rural District.
Minutes — Regular Council Meeting
September 16, 2008 — Page 7
No one appeared in opposition to the zoning change. Ms. Cooper made a motion to close
the public hearing, seconded by Dr. McCutchon, and passed.
The following topics pertaining to this item were discussed: whether the applicant is the
current owner of the entire property; whether the applicant is requesting that a section of the
property be used for residential; whether the existing land use and zoning prevents the applicant
from allowing livestock on the property; the current zoning of the property; "F -R" zoned land in the
area that has residential; the reason the area was platted with a residential lot; whether the land was
zoned for apartments before the applicant carved out the residential portion of land; whether there is
"F -R" zoning in the city limits; agricultural exemptions; the reason the total property is not being
requested as an "F -R"; the requirement for livestock on property; the zoning history on this property;
the comprehensive rezoning of Flour Bluff; what is on Lots 13, 14, and 15; zoning notices sent to the
Naval Air Station (NAS); lack of infrastructure; surrounding properties zoned "F -R"; the infrastructure
that would have to be in place for "A-1" future development; the number of animals allowed if the
property was low-density residential; and whether there are presently homes on Lots 11, 12, and 13.
Mr. Chapa polled the Council for their votes as follows:
12. FAILED
Amending the Zoning Ordinance, upon application by David and Kacy Alexander, by
changing the Zoning Map in reference to 7.93 acres out of Flour Bluff and Encinal Farm and
District to "F R" Farm Rural District; amending the Comprehensive Plan to account for any
publication.
An emergency was declared, and the foregoing ordinance failed with the following vote:
Martinez voting "Aye'; Garrett, Cooper, Hummell, Kelly, Leal, McCutchon, and Marez, voting
"No"; Elizondo was absent.
Mayor Garrett referred to Item 13, and a motion was made, seconded and passed to open
the public hearing on the following zoning case:
Case No. 0808-02, Kuhn Equipment Company: A change in zoning from an "1-2" Light
Industrial District to an "1-3" Heavy Industrial District resulting in a change of land use from
light industrial to heavy industrial on property described as a 727.99 square foot tract of land
out of Lot 4A, Block 4, Interstate Industrial Complex, located approximately 900 feet west of
the IH 37 / Corn Products Road intersection.
City Secretary Chapa stated that the Planning Commission and staff recommended denial of
an "1-3" Heavy Industrial District, and in lieu thereof, approval of an "1-2" Light -Industrial District with
a Special Permit for one (1) UL2085 above ground fuel storage tank not to exceed 10,000 gallons
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 Mr. Hummell, and passed. Mr. Chapa polled the Council for their votes
as follows:
Minutes — Regular Council Meeting
September 16, 2008 — Page 8
13. ORDINANCE NO. 027856
Amending the Zoning Ordinance, upon application by Kuhn Equipment Company, by
changing the Zoning Map in reference to a 727.99 -square foot tract of land out of Interstate
Industrial Complex, Lot 4A, Block 4, from "1-2" Light Industrial District to "I-2/SP" Light
Industrial District with a Special Permit to allow for one (1) UL2085 above ground fuel
storage tank not to exceed 10,000 gallons, 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 for publication.
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Garrett, Cooper, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez,
voting "Aye"; Elizondo was absent.
Mayor Garrett read the following statement regarding Item 14:
"As a result of the situation with Hurricane Ike causing unfavorable market conditions at this
time and 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 23, 2008 City Council meeting."
14. POSTPONED UNTIL SEPTEMBER 23, 2008
of City of Corpus Christi, Texas, Combination Tax and Solid Waste Revenue Certificates of
Obligation, Series 2008, in the aggregate principal amount of $12,000,000, and ordaining
other matters relating to the subject.
Mayor Garrett called for a brief recess to present proclamations and listen to public
comment.
Mayor Garrett called for petitions from the audience. J.E. O'Brien, 4130 Pompano, spoke
regarding the ending general fund balance for the last five years; the effective tax rate and the
projected fund balances for the general fund and the debt service fund for 2007 and 2008. Bob
Algeo, 15629 Three Fathoms Bank, spoke regarding the rescue efforts from the Halo helicopter and
Coast Guard and the tragic loss of Michael Moxley on the beach.
*************
Mayor Garrett announced the executive sessions, which were listed on the agenda as
follows: (Item 20 was postponed)
19. Executive session under §551.071 of the Texas Government Code for legal advise
regarding proposed classification of Corpus Christi Bay as an impaired body of water on the
EPA 303(d) list, with possible discussion and action related thereto in open session.
Minutes — Regular Council Meeting
September 16, 2008 — Page 9
open session.
21. Executive session under Texas Government Code Section 551.071 regarding fire collective
bargaining negotiations, with possible discussion and action in open session.
The Council went into executive session. The Council returned from executive session.
Mayor Garrett opened discussion on Item 15 regarding the establishment of a State
Veterans Cemetery. City Attorney Fischer provided a background of the issue including the state
legislation; the establishment of the Texas State Veterans' Committee; the committee's request for
proposal (RFP) for donation of suitable property; the approval of the site submitted by Nueces
County; and the agreement between Nueces County and Flint Hills Resources, L.P. to acquire the
55 acres of land. Ms. Fischer stated that later this month, the closing will take place and Nueces
County will transfer the property to the State for construction and maintenance of a State Veterans'
Cemetery. Ms. Fischer provided a list of items that pertain to the City in the Memorandum of
Understanding including providing a pumping system and pipeline to the proposed cemetery site to
provide Type II reclaimed water for irrigation purposes at no cost to the Veterans Land Board and
that the City will not charge for the reclaimed water, allowing connection to an existing 16 inch water
line adjacent to the proposed cemetery site domestic and fire purposes; agreeing to install fire
hydrants in the right-of-way areas adjacent to the property if required by the Fire Marshal; and that
the City will use its best efforts to annex the site as pursuant to the Texas Government Code.
Council Member McCutchon asked for the reason that the Veterans Land Board would
request annexation. Ms. Fischer said that the City cannot prohibit drilling unless the site is within the
City limits.
There were no comments from the audience. City Secretary Chapa polled the Council for
their votes as follows:
15. MOTION NO. 2008-250
Motion authorizing the City Manager to execute a Memorandum of Agreement between the
Veterans' Land Board of the State of Texas and Nueces County and the City of Corpus
Christi for the establishment of a State Veterans' Cemetery.
The foregoing motion was passed and approved with the following vote: Garrett, Cooper,
Rummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye"; Elizondo was absent.
Mayor Garrett opened discussion on Item 16 regarding the proposed Zahn Road
Improvement Project. Project Manager Dan McGinn provided an overview of the improvements
including the concept from Forestar Real Estate Group to improve the existing conditions of Zahn
Road; the current and future functions of Zahn Road; current construction of the boat ramp and boat
ramp road; the coordination efforts during the permitting process; the resolution authorizing the City
staff to cooperate with Forestar on appropriate application and negotiate an agreement; the
development agreement; and the work with the Island Action Committee. Mr. McGinn presented
photos of the project area.
Minutes - Regular Council Meeting
September 16, 2008 - Page 10
The following topics pertaining to this item were discussed: concerns with the effect to the
dunes; whether the property is on Texas General Land Office (GLO) property; the wetlands; the
name of the boat ramp road; traffic control; the language in the resolution; whether Zahn Road will
remain a public access road; and how Zahn Road weathered the conditions from Hurricane Ike.
Council Member Hummell made a motion to amend the resolution by changing the last
sentence in Section 2 to read "subject to approval of Council". The motion was seconded by Ms.
Leal. The foregoing motion was passed and approved with the following vote: Garrett, Cooper,
Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye"; Elizondo was absent.
There were no comments from the audience. City Secretary Chapa polled the Council for
their votes as follows:
16. RESOLUTION NO. 027858
Resolution authorizing the City Manager or his designee to cooperate with Forestar Real
Estate Group, Inc. to make applications for required construction permits to support the
proposed Zahn Road Improvement Project under the concept proposed by Forestar Real
Estate Group, Inc., and to negotiate an agreement between Forestar Real Estate Group, Inc.
and the City of Corpus Christi that sets out the mutually agreeable responsibilities and
obligations of each party to the agreement.
The foregoing resolution was passed and approved as amended with the following vote:
Garrett, Cooper, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye";
Elizondo was absent.
** * * ** * ******
Mayor Garrett referred to Item 18 regarding a presentation on the status and proposed
schedule of hearings for adoption of the Unified Development Code (UDC). Assistant City Manager
Robert Nix provided a status on the UDC including a tentative schedule for the completion and
major issues dealing with legality, conflicts between provisions in the codes, identifying and
eliminating inconsistencies, the relationship between the UDC and the Code of Ordinances Chapter
14., Development Services, and conflicts with State law provisions.
The following topics pertaining to this item were discussed: the amount paid to the
consultant; the creation of a one stop shop; the changes involving the Municipal Information System
(MIS) Department; the timeframe for the review of the U.S. Environmental Protection Agency (EPA)
Smart Growth criteria; requirements for windmills; provisions for reducing fall diameter based on
breakaway polls; vertical access wind turbines; and noise violations.
There being no further business to come before the Council, Mayor Garrett adjourned the
Council meeting at 1:27 p.m. on September 16, 2008.