HomeMy WebLinkAboutMinutes City Council - 03/10/2009I 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 March 10, 2009, which were approved by the City
Council on March 24, 2009.
WITNESSETH MY HAND AND SEAL, on this the 24th day of March, 2009.
Armando Chapa
City Secretary
SEAL
MINUTES
CITY OF CORPUS CHRISTI, TEXAS
Regular Council Meeting
March 10, 2009 - 10:00 a.m.
PRESENT
Mayor Henry Garrett
Mayor Pro Tem Larry Elizondo, Sr.
Council Members:
Melody Cooper
Mike Hummel)
Bill Kelly
Priscilla Leal
Michael McCutchon
John Marez
Nelda Martinez
City Staff:
City Manager Angel R. Escobar
City Attorney Mary Kay Fischer
City Secretary Armando Chapa
*Arrived at 10:11 a.m.
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 Mayor Henry Garrett.
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 February
10, 2009, February 17, 2009 and February 24, 2009. City Secretary Chapa stated that the minutes
of February 17th and 24th would need to be amended to reflect that Council Member McCutchon was
in attendance. Ms. Martinez made a motion to amend the minutes of February 17th and 24th. The
motion was seconded by Mr. Kelly.
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 welcomed Demitri Sanchez from St. James Episcopal School to the Council
meeting.
Mayor Garrett called for consideration of the consent agenda (Items 2 - 8). City Secretary
Chapa announced that Supplemental Agenda Items 6.1. and 6.2. were added as consent items.
There were no comments from the public. Council members requested that Items 4 and 7 be pulled
for individual consideration. City Secretary Chapa polled the Council for their votes as follows:
2. MOTION NO. 2009-059
Motion approving a supply agreement for polyethylene pipe and fittings from the following
companies for the following amounts in accordance with Bid Invitation No. BI -0084-09 based
on low bid for an estimated annual expenditure of $200,343.50 of which $83,476.45 is
required for the remainder of FY 2008-2009. 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 suppliers and the City Manager or his designee. Funds have been budgeted
by the Gas Department in FY 2008-2009.
Minutes — Regular Council Meeting
March 10, 2009 — Page 2
Secor EGW Utilities, Inc.
Houston, Texas Carrollton, Texas
Group No.: 1 Group No.: 2
$146,670 $53,673.50
Grand Total: $200,343.50
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.
3. RESOLUTION NO. 028088
Resolution authorizing the City Manager or his designee to execute a Memorandum of
Agreement with the U.S. Department of the Interior, National Park Service, to provide for the
monitoring of the Gulf of Mexico beaches from the South Jetty of Packery Channel to the
North boundary of Padre Island National Seashore (PINS) for turtles during sea turtle
nesting season, March 15th to September 30`h.
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.
5. MOTION NO. 2009-060
Motion authorizing the City Manager or his designee to execute an architectural services
contract with Dykema Architects, Inc., of Corpus Christi, Texas in an amount of $134,000 for
Heritage Park Cultural Center Historical Preservation/Restoration Project for design, bid,
construction, and additional phase services. (Bond Issue 2008)
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.
6. MOTION NO. 2009-061
Motion authorizing the City Manager or his designee to execute an Architectural Services
Contract with JEC Architects, Inc. of Corpus Christi, Texas in an amount of $91,218 for the
new Parks Operation Maintenance Facility at West Guth Park for design, bid, construction,
and additional phase services. (Bond Issue 2008)
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.
6.1. MOTION NO. 2009-062
Motion authorizing the City Manager or his designee to execute a Contract for Professional
Services with Urban Engineering in the amount of $1,761,525 for the Downtown Drainage
Improvements Phase III -A Hughes Street Pump Station, Phase III -B Hughes Street Box
Culvert and Pump Station Discharge Culvert, and Phase III -C Mesquite Street Box Culvert
for the design, bid, construction, and additional phase services.
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.
Minutes — Regular Council Meeting
March 10, 2009 — Page 3
6.2. RESOLUTION NO. 028091
Resolution in support of local option transportation afunding legislation for the 81'1
Legislative session.
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.
8. ORDINANCE NO. 028092
Amending Section 18-20, Code of Ordinances, City of Corpus Christi, relating to the fees
charged for ambulance and emergency medical services; providing for publication. (First
Reading 02/24/09)
The foregoing ordinance was passed and approved on its second 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 4 regarding a lease agreement with TRT Hotel
Company, LLC for the use of City property. Director of Parks and Recreation Sally Gavlik,
Superintendent of Special Services Michelle Thomas and Paulette Good and Nils Stolzlechnerwith
the Omni Hotel were available to respond to questions. The following topics pertaining to this item
were discussed: public access; the location; the distance of seawall from the concession building to
the Holiday Inn; the anticipated number of private events; how the lease agreement will effect the
possible pier that may be built with the renovation of the Memorial Coliseum or the Bayfront Master
Plan; the termination clause in the agreement; timeframe for email notification of scheduled events
the signage for the concession stand; additional volleyball areas; and including a representative
from the Water Department on the email notification list. City Secretary Chapa polled the Council for
their votes as follows:
4.a. ORDINANCE NO. 028089
Ordinance authorizing the City Manager or his designee to execute a three-year lease
agreement with TRT Hotel Company, LLC, with option to extend for up to two additional
years, for the use of McGee Beach Concession building and 150 yards toward water area in
consideration of maintaining the premises and improvements and monthly rental payment of
$900, with annual increase of 5%.
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".
4.b. ORDINANCE NO. 028090
Ordinance appropriating $2,500 in the General Fund No. 1020 from monthly rental fees from
TRT Hotel Company, LLC; changing FY 2008-2009 Operating Budget adopted by Ordinance
No. 027776 to increase estimated revenues and appropriations by $2,500 each.
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".
Minutes — Regular Council Meeting
March 10, 2009 — Page 4
Mayor Garrett opened discussion on Item 7 regarding an amendment to the City Code of
Ordinance. Council Member Martinez spoke regarding the need for signage on the perimeters
stating that no hunting is allowed within 1,000 feet and directed staff to provide a report on the
feasibility of putting signage on the Laguna Shores shoreline. Assistant City Attorney Jay Reining
said staff will have to determine which areas would need signage. Council Member Hummel)
addressed reasons that signage may be problematic and less effective. City Secretary Chapa polled
the Council for their votes as follows:
7. FIRST READING ORDINANCE
Revising Section 33-75(c), Code of Ordinances, City of Corpus Christi, to prohibit waterfowl
hunting within 1,000 feet of Laguna Shores Shoreline; providing for penalties; and providing
for publication.
The foregoing ordinance was passed and approved on its first reading with the following
vote: Garrett, Cooper, Elizondo, Hummel), Kelly, Leal, McCutchon, Marez, and Martinez,
voting "Aye".
Mayor Garrett referred to Item 9, and a motion was made, seconded and passed to open the
public hearing on the following zoning case:
Case No. 0109-03, Andrew Salman: A change of zoning from a "B-1" Neighborhood
Business District to an "1-2" Light Industrial District resulting in a change of land use from
commercial to light industrial on property described as Carroll Place, Unit 7, Block 1, Lot 3,
located on the north side of Holly Road approximately 900 feet west of the Holly Road and
Carroll Lane intersection.
City Secretary Chapa stated that staff recommended denial of the "1-2" Light Industrial
District. City Secretary Chapa stated that Planning Commission recommended denial of the "1-2"
Light Industrial District and in lieu thereof, approval of a "B-4" General Business District and a
Special Permit subject to a site plan and four (4) conditions.
Assistant Director of Development Services Faryce Goode -Macon stated that this case has
been notified as a code violation since 2007 and several court proceedings have occurred. Ms.
Macon added that the applicant is requesting a zoning change to see if he can rectify his violation
issues. Assistant City Attorney Deborah Brown responded to questions regarding the legal
proceedings
Andrew Salman, applicant, stated that he was unaware when he bought the property that his
business would be in violation of the zoning ordinance. Mr. Salman added that the property is used
as a showroom and not as storage.
The following topics pertaining to this item were discussed: the difference between the staff
and planning commission recommendations; whether the re -zoning will interfere with the business;
the number of years the business has been at this location; if the business is still in violation;
whether there are other properties industrially zoned to accommodate this type of business; the
reason this business was issued a permit if the business was in violation; allowable uses for "B-4"
and "B-1"; the type of vehicles used for delivering materials; the amount of time the applicant had
been placing granite outside before the violations were identified; the location and name of the
Minutes — Regular Council Meeting
March 10, 2009 — Page 5
applicant's other shop; the work performed at the other shop and how long the shop has been open;
whether the applicant purchased the property on Holly Road to use as a showroom; if the applicant
was aware of the allowable uses of the property; the legal proceedings; the site plan; and screening.
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:
9. FAILED
from "B 1" Neighborhood Businese District to "B 4/SP" General Bucinc&s Dictrict with a
An emergency was declared, and the foregoing ordinance failed with the following vote:
Garrett, Cooper, Elizondo, Hummel!, Kelly, Leal, McCutchon, Marez, and Martinez, voting
"No"
Mayor Garrett referred to Item 10, and a motion was made, seconded and passed to open
the public hearing on the following zoning case:
Case No. 0109-07, B. L. Real Estate Holdings: A change of zoning from a "R -1C" One -
Family Dwelling District to an "A-2" Apartment House District resulting in a change of land
use from single family residential to multi -family residential for a bed and breakfast inn
describes as Tyler Subdivision, Block 1, Lot 11, located on the east side of Claudia Drive
approximately 400 feet north of the Laguna Shores Road.
City Secretary Chapa stated that the Planning Commission and staff recommended approval
of an "A-2" Apartment House District.
Assistant Director of Development Services Faryce Goode -Macon stated that the 20% rule is
in effect. Ms. Macon provided a brief overview of the area location and subject case area.
Council Member McCutchon asked whether this property was the same property discussed
at a previous council meeting and what the objections were to the zoning change. Ms. Macon stated
that it was not the same property. Roger Viar, representative of B.L. Real Estate, stated that the
previous bed and breakfast that Dr. McCutchon referred to was located on Thelma Drive and that
the objection for this zoning case was regarding the parking of vehicles along the street.
No one appeared in opposition to the zoning change. Ms. Martinez made a motion to close
the public hearing, seconded by Ms. Cooper, and passed. Mr. Chapa polled the Council for their
votes as follows:
10. ORDINANCE NO. 028093
Amending the Zoning Ordinance, upon application by B. L. Real Estate Holding Company,
LP, by changing the Zoning Map in reference to Tyler Subdivision, Block 1, Lot 11, from "R-
Minutes — Regular Council Meeting
March 10, 2009 — Page 6
1C" One -Family Dwelling District to "A-2" Apartment House District; amending the
Comprehensive Plan to account for any deviations from the existing Comprehensive Plan;
providing a repealer clause, providing a penalty; and providing for publication.
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Garrett, Cooper, Elizondo, Hummel!, Kelly, Leal, McCutchon, Marez, and
Martinez, voting "Aye".
.............
Mayor Garrett opened discussion on the Legislative Report. Director of Intergovernmental
Relations Rudy Garza provided a brief update including the filing of bills; HB271 regarding the
increase of enterprise zone slots; the federal stimulus plan; a workshop being coordinated to bring
state and federal agencies to the City; the House Economic Stabilization Funding Select Committee;
and key committee assignments.
The following topics pertaining to this item were discussed: whether slower bills and
committee assignments will have an impact on the City's legislative issues; revenue caps; legislation
on the redevelopment of older neighborhoods; foreclosure of homestead property; municipal court
issues; support for the Texas Municipal Retirement System (TMRS); casino gambling; and water
issues.
Council Member Leal requested that a resolution supporting HB 360 be placed on the
agenda.
Mayor Garrett called for a brief recess to present proclamations and listen to public
comment.
Mayor Garrett called for petitions from the audience. Dr. Gerald A. Sansing, 5426 Chevy
Chase Drive, requested that the Council reconsider their support of the Las Brisas power plant. Pat
Suter, 1002 Chamberlain, announced that the American Birding Association Convention will be held
on April 27t. John Kelley, 413 Waco, asked the Council to reconsider their support of a resolution
for the Las Brisas plant. Ron Hamilton, 3636 S. Alameda, asked the Council to revisit their decision
for support of Las Brisas and spoke regarding an environmental impact study. Richard Kronke,
10209 N. Harrington, asked Council Member Cooper to remove his name for the town hall meeting
mailing list. Wilson Wakefield, 6026 Killarmet, spoke in opposition to the Las Brisas plant. Priscilla
Soliz, Director of Governmental Affairs for the Builders Association, invited the Council to attend the
Home Exp and & Green Conference on March 21-22, 2009. Foster Edwards, Chamber of
Commerce, stated the Chamber support the Council on waiting for results from the Texas
Commission on Environmental Quality regarding the Las Brisas Plant. Mr. Edwards thanked Mayor
Garrett, City Manager Escobar, Director of Economic Development Irma Caballero and staff to
attending Coastal Bend day in Austin. Mr. Edwards added that the Chamber members have
expressed concern regarding wind storm insurance. Carolyn Moon, 4902 Calvin, spoke regarding
sand dunes. Susie Luna Saldana, 4701 Hake!, thanked the Council for selecting City Manager
Escobar and stated that Mr. Escobar was doing a great job. Ray Medina, 5413 Cain, spoke
regarding code violations at a business located on Holly Road. Rebecca Klingensmith, 5325
Yorktown, spoke regarding the concerns from students at Texas A & M University— Corpus Christi
regarding the Las Brisas plant and address the effect of the plant on local venues and bird watching.
Minutes — Regular Council Meeting
March 10, 2009 — Page 7
Mayor Garrett announced the executive sessions, which were listed on the agenda as
follows:
11. Executive session under Texas Government Code Section 551.071 regarding Cause No.
08-247, Abel Alonzo and David Ramos vs. the City of Corpus Christi, with possible
discussion and action in open session.
12. Executive session under Sections 551.072 and 551.084 of the Texas Government Code
regarding Landry's Seafood and Steakhouse Corpus Christi Inc. lease of real property and
to discuss or deliberate regarding commercial or financial information received from a
business prospect to locate, stay, or expand in or near the Corpus Christi Marina, with
possible discussion and action in open session.
The Council went into executive session. The Council returned from executive session and
the following motion and ordinance were passed with the following vote:
11. MOTION NO. 2009-063
Motion authorizing the City Manager to settle Cause No. 08-247, Abel Alonzo and David
Ramos vs. the City of Corpus Christi, in accordance with the terms of the proposed
settlement agreement
The foregoing motion was passed and approved with the following vote: Garrett, Cooper,
Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye".
12. ORDINANCE NO. 028094
Authorizing the City Manager or his designee to amend and extend the lease with Landry's
Seafood and Steakhouse -Corpus Christi, Inc. (Landry's) to operate a restaurant barge on
People's Street T -Head to extend the term until September 30, 2009, with payment of
$6,000 per month or 2.75% of monthly gross sales, whichever is greater, with amendments
to provide for sixty days termination notice, and to provide for no operation of shuttle service
on People's Street T -Head by Landry's during period of April 17, 2009 through April 27,
2009.
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Garrett, Cooper, Elizondo, Hummell, Leal, McCutchon, Marez, and
Martinez, voting "Aye"; Kelly was absent.
*************
Mayor Garrett opened discussion on the presentation regarding the Corpus Christi Air
Monitoring Study. Dr. Laurie Haws, ToxStrategies, referred to a powerpoint presentation on a
comprehensive review of the benzene air monitoring data in Corpus Christi including the purpose for
the analysis; results of the assessment performed; important points about benzene; benzene levels
associated with everyday activities; the monitoring network; processing data; assessment of short-
term benzene data; location of short-term AutoGCS and event triggered monitors; comparison of
hourly measurement to short term ESLs; assessment of long-term benzene data; types of monitors
collecting long term data; historical trends; air data conclusions; current issues; USA Today Special
Report; review of the USA Today study and conclusions; the Texas A & M (TAMU) Biomonitoring
Study; review of the TAMU study and conclusions; and the overall conclusions.
Minutes — Regular Council Meeting
March 10, 2009 — Page 8
The following topics pertaining to this item were discussed: the reason the Huisache area
exceeded Texas Commission on Environmental Quality (TCEQ) health -protective guidelines;
timeline for the air quality assessment; the reasons for the air quality analysis; whether the air quality
analysis was a result of the other studies; when the data collection was completed; whether other
schools may have more contaminated air in the schools in Corpus Christi that are being inventoried;
whether the USA Today Report focused on just benzene; review of the other chemicals measured in
the USA Today Report; real data versus modeling; if the USA Today data was fairly consistent; all
EPA models showing levels below long term ESL; TCEQ position on air quality results; information
on who collected the data for the USA study; who requested that Dr. Hays expand her research to
include the collation between the two studies and the air quality analysis; comparison of benzene
levels in blood and air; whether benzene can accumulate; the letter from TAMU regarding the
findings of the study; and the relevance of the study to the Las Brisas plant.
There being no further business to come before the Council, Mayor Garrett adjourned the
Council meeting at 2:17 p.m. on March 10, 2009.