HomeMy WebLinkAboutMinutes City Council - 05/12/2009I 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 May 12, 2009, which were approved by the City
Council on May 19, 2009.
WITNESSETH MY HAND AND SEAL, on this the 19th day of May, 2009.
0))%'‘C9ald--
Armando Chapa
City Secretary
SEAL
MINUTES
CITY OF CORPUS CHRISTI, TEXAS
Regular Council Meeting
May 12, 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 10:12 a.m.
Mayor Garrett called the meeting to order in the Council Chambers of City Hall.
The invocation was delivered by Reverend Richard Barrera with Lord is Peace Worship
Center 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 April 21,
2009 and April 28, 2009. A motion was made and passed to approve the minutes as presented.
************
Mayor Garrett called for consideration of the consent agenda (Items 2 - 24). City Secretary
Chapa announced that Item 24.1. was added to the consent on a Supplemental Agenda. There
were no comments from the public. Council members requested that Items 2, 3, 4, 13, 17, 18, 19,
and 24 be pulled for individual consideration. City Secretary Chapa polled the Council for their votes
as follows:
5.— ORDINANCE NO. 028145
Ordinance appropriating $24,114.18 in Fund No. 1020 General Fund from the sale of lost,
stolen, or recovered property sold on Property Room.com that was declared as abandoned
property and can be disposed of in accordance with Texas Code of Criminal Procedure and
City Code, to pay for unbudgeted improvements to the Police Property Room, the Police
building, and lease of space for a supplemental Police Property Room; amending the FY
2008-2009 Operating Budget adopted by Ordinance No. 027776 to increase revenues and
appropriations by $24,114.18 each.
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Garrett, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez,
voting "Aye"; Cooper was absent.
Minutes — Regular Council Meeting
May 12, 2009 — Page 2
6.a. RESOLUTION NO. 028146
Resolution authorizing the City Manager or his designee to accept a grant of $80,000 from
the Texas Department of State Health Services to provide diabetes prevention and
management 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.
6.b. ORDINANCE NO. 028147
Ordinance appropriating a grant of $80,000 from the Texas Department of State Health
Services in the No. 1066 Health Grants Fund to provide diabetes prevention and
management 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"; Cooperwas absent.
7.a. RESOLUTION NO. 028148
Resolution authorizing the City Manager or his designee to accept a grant amendment
totaling $8,424 from the Texas Department of State Health Services for the Women, Infants,
and Children (WIC) Program with the change as follows: an increase in the reimbursement
rate to $11.81 per participant served, resulting in an additional $8,424 in program income;
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. 028149
Ordinance appropriating a grant amendment totaling $8,424 from the Texas Department of
State Health Services in the No. 1066 Health Grants Fund for the Women, Infants, and
Children (WIC) Program as follows: $8,424 in program income due to a change in the
reimbursement rate per participant served.
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.
8. ORDINANCE NO. 028150
Ordinance appropriating a $2,834 grant from the Texas Commission on the Arts in the No.
1067 Arts and Cultural Commission grant fund for the 2009 Festival of the Arts.
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Garrett, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez,
voting "Aye"; Cooper was absent.
Minutes — Regular Council Meeting
May 12, 2009 — Page 3
ORDINANCE NO. 028151
Ordinance authorizing the City Manager or his designee to execute an amendment to the
Marina Slip Rental Contract with Yachting Center of Corpus Christi, LLC, to allow sale of on -
premises alcoholic beverages.
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. ORDINANCE NO. 028152
Ordinance authorizing the City Manager or his designee to execute an agreement with the
Art Museum of South Texas for placement of Kent Ullberg sculpture at Watergarden area for
a term of five (5) years.
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.
11. RESOLUTION NO. 028153
Resolution authorizing the City Manager or his designee to execute a gift agreement with the
Gulf Coast Indian Confederation of Corpus Christi regarding the donation of a bronze
sculpture commemorating the Native Americans in Corpus Christi to be located in Hans
Suter Park.
The foregoing resolution was passed and approved with the following vote: Garrett,
Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye'; Cooperwas
absent.
12. RESOLUTION NO. 028154
Resolution supporting passage of State Legislation requiring producers of televisions,
computers, and other electronic products to participate in takeback recycling programs and
requiring vendors who provide electronic products to state and local governments to take
back discarded electronic products.
The foregoing resolution was passed and approved with the following vote: Garrett,
Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye'; Cooperwas
absent.
14. MOTION NO. 2009-123
Motion authorizing the City Manager or his designee to execute Change Order No. 1 for
excavation of storm water intercept ditches on west side of Channel "6" and construction of
four (4) rip rap spillways on west side of Channel "6", outfall repairs, 850 linear feet of tall
trash containment fence and driveway improvements to protect the City's assets, and assure
TCEQ Permit compliance in an amount not to exceed $232,146 for a restated not to exceed
fee of $2,051,951.50 with Longhorn Excavators, Inc., of Richmond, Texas for the Cefe F.
Valenzuela Landfill Section 46 Liner & Leachate Collection System.
Minutes — Regular Council Meeting
May 12, 2009 — Page 4
The foregoing motion was passed and approved with the following vote: Garrett, Elizondo,
Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye"; Cooperwas absent.
15. MOTION NO. 2009-124
Motion authorizing the City Manager or his designee to execute a Contract for Professional
Services with Russell Corrosion Consultants Inc. of Simpsonville, Maryland, in the amount of
$126,550.10 for the Mary Rhodes Pipeline Cathodic Protection 2009 project.
The foregoing motion was passed and approved with the following vote: Garrett, Elizondo,
Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye"; Cooperwas absent.
16. MOTION NO. 2009-125
Motion authorizing the City Manager or his designee to execute Amendment No. 4 to the
Contract for Professional Services with Goldston Engineering, a CH2M Hill Company, of
Corpus Christi, Texas, in the amount of $126,850 for a restated fee of $871,855 for
Doddridge Street Improvements - Ocean Drive to Staples Street for continued construction
observation of the project. (Bond 2004)
The foregoing motion was passed and approved with the following vote: Garrett, Elizondo,
Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye"; Cooperwas absent.
20. RESOLUTION NO. 028159
Resolution approving a Business IncentiveAgreement between the Corpus Christi Business
and Job Development Corporation and Texas A&M University— Corpus Christi for an intern
program to support small businesses and authorizing the City Manager or his designee to
execute a Project Support Agreement with the Corpus Christi Business and Job
Development Corporation regarding implementation and administration of the Texas A&M
University — Corpus Christi Business Incentive Agreement.
The foregoing resolution was passed and approved with the following vote: Garrett,
Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye"; Cooperwas
absent.
21. RESOLUTION NO. 028160
Resolution approving a Small Business Incentive Agreement between the Corpus Christi
Business and Job Development Corporation and Del Mar College for the FastTrac® Growth
VentureTM Program, which will provide up to $120,000 in grants to program participants who
create and retain new jobs for their businesses, and authorizing the City Manager or his
designee to execute a Small Business Incentive Project SupportAgreement with the Corpus
Christi Business and Job Development Corporation regarding implementation and
administration of the Del Mar College Small Business Incentive Agreement.
The foregoing resolution was passed and approved with the following vote: Garrett,
Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye"; Cooperwas
absent.
Minutes — Regular Council Meeting
May 12, 2009 — Page 5
22. RESOLUTION NO. 028161
Resolution approving a Business Incentive Agreement between the Corpus Christi Business
and Job Development Corporation and Del Mar College for an intern program to support
small businesses and authorizing the City Manager, or his designee, to execute a Project
Support Agreement with the Corpus Christi Business and Job Development Corporation
regarding implementation and administration of the Del Mar College Business Incentive
Agreement.
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.
23. RESOLUTION NO. 028162
Resolution approving an Agreement to grant business incentives between the Corpus Christi
Business and Job Development Corporation and SCORE Chapter 221 (SCORE), which
grants $50,000 in business incentives for the operation of a program to assist small and
start-up businesses in Corpus Christi and authorizing the City Manager or his designee to
execute a Business Incentives Project Agreement with the Corpus Christi Business and Job
Development Corporation regarding implementation and administration of the agreement to
grant business incentives.
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.
24.1. ORDINANCE NO. 028163
Ordinance amending Code of Ordinances, Chapter 39, Personnel, Article III Employee
Compensation and Classification System, to add Health District Pay Plan HTH, providing
retroactive effective date of May 11, 2009; repealing all other ordinances in conflict with this
ordinance.
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 Items 2, 3, and 4 regarding purchasing items. Council
Member McCutchon asked questions regarding the reason that Item 2 only has two (2) bids and
only a 5% decrease from the previous bid. Assistant Director of Financial Services Michael Barrera
stated that only two bids were issued because there are a limited number of suppliers. Mr. Barrera
explained that prices had decreased due to the petroleum market and prices are consistent with
those from 2006. Council Member McCutchon asked if budgeting a portion in FY2008-2009 and the
rest in FY2009-2010 will have an effect on next year's budget. Mr. Barrera explained that contracts
expire throughout the year and sometimes cross over into the next fiscal year. Interim Assistant City
Manager Cindy O'Brien stated that these items are supply agreements that set contractual amounts
with vendors and if the materials are not needed, the materials are not purchased. In response to
Council Member Leal, Mr. Barrera stated that Type D hot mix asphalt has been used for some time
and works well with the conditions in the City. Council Member Martinez requested that staff
research prices in other areas to compare costs. City Secretary Chapa polled the Council for their
votes as follows:
Minutes — Regular Council Meeting
May 12, 2009 — Page 6
2. MOTION NO. 2009-119
Motion approving supply agreements with the following companies for the following amounts
for hot mix asphalt, based on low bid, awarding primary and secondary agreements, in
accordance with Bid Invitation No. BI -0124-09 for an estimated semi-annual expenditure of
$719,387.50 of which $239,795.83 is budgeted for the remainder of FY 2008-2009. The
term of the agreements shall be for six months with options to extend for up to five additional
six month periods, subject to the approval of the suppliers and the City Manager or his
designee. Funds have been budgeted by Street Services in FY 2008-2009 and requested in
FY 2009-2010.
Bay LTD
Corpus Christi, Texas
$678,632.50
Primary Supplier
HAC Materials, LTD
Corpus Christi, Texas
$40,755.00
Secondary Supplier
Grand Total: $719,387.50
The foregoing motion was passed and approved with the following vote: Garrett, Cooper,
Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye".
MOTION NO. 2009-120
Motion approving a supply agreement with Casco Industries Inc., of Pasadena, Texas for
firefighting clothing consisting of ninety sets of pants and coats, based on only bid, for an
estimated annual expenditure of $124,920 of which $20,820 is required for the remainder of
FY 2008-2009. The term of the agreement 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. Funds have been budgeted by the Fire Department in FY
2008-2009.
The foregoing motion was passed and approved with the following vote: Garrett, Cooper,
Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye".
MOTION NO. 2009-121
Motion approving an agreement with McGriff, Seibels & Williams, Inc. of San Antonio, Texas
for the purchase of Excess Liability Insurance, in accordance with Request for Proposal
Number BI -0126-09, for a period of three years with an option to extend for up to two
additional one-year periods, for a total three- year expenditure of approximately $1,125,600,
of which approximately $62,533 is required for the remainder of FY 2008-2009. The term of
the agreement will be for three years with an option to extend for up to two additional one-
year periods, subject to the approval of the provider and the City Manager or his designee.
Funds are budgeted in the Liability/Employee Benefit -Liability and Liability/Employee
Benefits -Workers' Compensation Funds.
The foregoing motion was passed and approved with the following vote: Garrett, Cooper,
Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye".
Mayor Garrett opened discussion on Item 13 regarding a request for waiver of Chapter 35,
Code of Ordinances, Section 35-111(2). Director of Gas Services Debbie Marroquin, Petroleum
Superintendent Ricardo Guzman and Eric Leuenbergerwith Cinco Natural Resources Corporation
were available to respond to questions. The following topics pertaining to this item were discussed:
Minutes — Regular Council Meeting
May 12, 2009 — Page 7
the process for changing the dimensions of a well structure; the reason the change in dimensions
for Well No. 2 did not come through the City; the process for reviewing applications for well permits;
indicating dimensions on the permit; whether Cinco normally divulges the size of the well they plan
to build; the reason for needing a longer platform on these wells; concern with the narrow, natural
channel in the area; the depth and location of existing Well No. 2 and proposed Well No. 3; whether
staff had a National Oceanic & Atmospheric Administration (NOAA) chart of the area; if the platform
will be blocking the channel; and making a condition in the permit that staff establish the location of
the channel and that the well is not blocking the natural passage. Council Member McCutchon
asked staff to bring a NOAA chart with the proposed location by the end of the day. There was a
consensus of the Council to table this item until the chart is provided by staff.
Mayor Garrett opened discussion on Item 17 regarding a marina debris management plan
and pilot project. Council Member Martinez thanked the Coastal Bend Bays & Estuaries Program for
this pilot program. In response to Ms. Martinez, Marina Superintendent Peter Davidson explained
that an estimated 13 tons of litter enters the Marina via the storm water outfalls after every rain
occurrence. Mr. Davidson stated that this pilot project is designed to collect and contain only the
floating debris and does not include the non -floating trash that goes to the bottom of the bay. Ray
Allen, Coastal Bend Bays & Estuaries Program, spoke regarding the impact of the floating debris in
the marina and stated that he hopes this pilot program will improve the marina. Council Member
Martinez asked who would be monitoring the program. Mr. Davidson stated that he would be
monitoring the program. A brief discussion ensued regarding the pilot project location at the Blucher
Outfall. Council Member Hummell asked whether there is a program that provides trash receptacles
in the marina. Mr. Davidson said that there are presently dumpsters and trash cans in the area.
Director of Parks and Recreation Sally Gavlik reported that new trash cans are going to be placed in
that area with bins that do not blow open. Council Member McCutchon thanked John Adams for
bring this item forward. In response to Ms. Leal, Mr. Davidson provided an explanation of the pilot
program and stated that the project will be evaluated after the next rainfall. City Secretary Chapa
polled the Council for their votes as follows:
17.a. RESOLUTION NO. 028155
Resolution authorizing the City Manager or his designee to accept a grant from the Coastal
Bend Bays & Estuaries Program, Inc., in the amount of $50,000 for a Marina Debris
Management Plan and Pilot Project.
The foregoing resolution was passed and approved with the following vote: Garrett, Cooper,
Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye".
17.b. ORDINANCE NO. 028156
Ordinance appropriating $50,000 from Coastal Bend Bays & Estuaries Program, Inc., in the
No. 1058, Marina Grants Fund for a Marina Debris Management Plan and Pilot Project;
amending FY 2008-2009 Operating Budget.
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 the creation of an Independent
Defense Base Development Authority. Council Member McCutchon requested clarification on this
item. Council Member Hummell explained that an interlocal agreement was approved by the entities
in the Local Redevelopment Authority (LRA) planning group. Mr. Hummell stated that the planning
group has to form a new entity that is capable of taking title to the property to move forward in
Minutes — Regular Council Meeting
May 12, 2009 — Page 8
implementing the LRA's plan. Mr. Hummel) added that after Nueces County expressed concerns
regarding liability after reviewing the plan, an addendum to the agreement was created stating that
there is no financial liability for Nueces County. In response to Dr. McCutchon, City Attorney Fischer
explained that Section 2 of the resolution allows the Mayor to make non -substantive modifications to
the interlocal agreement and substantial changes will still be brought forth to the City Council.
Council Member McCutchon asked whether this item gives the LRA the right for eminent domain.
Assistant City Attorney Jay Reining stated that this does not allow for eminent domain and Section 2
only allows for minor changes that do not change the substance of the agreement. City Secretary
Chapa polled the Council for their votes as follows:
18. RESOLUTION NO. 028157
Resolution authorizing the Mayor to execute an addendum to the Interlocal Cooperation
Contract with Nueces County, San Patricio County, and the City of Ingleside for the creation
of an Independent Defense Base Development Authority as the successor for the Ingleside
Local Redevelopment Authority (LRA).
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.
Mayor Garrett opened discussion on Item 19 regarding an agreement between the Corpus
Christi Business and Job Development Corporation and ACCI6N Texas, Inc. Director of Economic
Development Irma Caballero introduced Patrick Wilshire with the Economic Development Office and
Janie Barrera with ACCI6N Texas. Ms. Caballero explained that the Council awarded a total
$886,421 for small business projects by approving all of the 4A board projects for FY2009-2010 in
today's agenda. Ms. Caballero added that there is currently only $400,000 budgeted for these
programs. Ms. Caballero stated that upon approval of the 4A budget, the additional $486,421 will be
added into the budget as a one year, one-time request. Council Member Martinez asked if there was
any wording placed in this item that states the funding. Ms. Caballero stated that the contingency is
included in the certification of funds. Ms. Martinez asked where the additional funding is coming
from. Ms. Caballero said the funding will come from the 4A sales tax dollars for large business
incentives.
Council Member Martinez expressed concern regarding the interest buy down amount for the
ACCI6N program and requested that staff do a comparable with other areas. Council Member Leal
requested a list of the small businesses that have received a roan through ACCION.
Ms. Martinez made a motion directing that approval of the small business projects is
contingent upon final budget approval of the additional $486,421. The motion was seconded by Mr.
Kelly.
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.
Janie Barrera, ACCION Texas, announced that Corpus Christi is the only city in Texas that
has this buy -down program and this program has provided $2.2 million in loans.
City Secretary Chapa polled the Council for their votes as follows:
Minutes — Regular Council Meeting
May 12, 2009 — Page 9
19. RESOLUTION NO. 028158
Resolution approving a Small Business Incentive Agreement between the Corpus Christi
Business and Job Development Corporation and ACCION Texas, Inc. (ACCION Texas) for
an interest buy -down program for small businesses and authorizing the City Manager or his
designee to execute a Small Business Incentive Project Support Agreement with the Corpus
Christi Business and Job Development Corporation regarding implementation and
administration of the ACCION Texas Small Business Incentive Agreement.
The foregoing resolution was passed and approved as amended with the following vote:
Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting
"Aye". (Note: Mr. Elizondo originally was absent for the vote and asked for the Council's
concurrence to include his vote. Council concurred with his request)
Mayor Garrett opened discussion on Item 24 regarding the City Council's Youth Advisory
Committee. In response to Council Member Kelly, Parks and Recreation Superintendent Stacie
Talbert stated that all of the high schools will have representation. Council Member Leal asked
questions regarding why the ordinance was being amended to allow only 11th and 12th graders. Ms.
Talbert explained that when Vincent Muscarello with the Corpus Christi Independent School District
presented the proposal to change the structure of the committee, he indicated that 11th and 12'h
graders attended government classes and those classes required students to do research that
would be conducive to this committee. Ms. Talbert added that 11th and 12th graders would also be
eligible to provide their own transportation to attend meetings. City Secretary Chapa polled the
Council for their votes as follows:
24. FIRST READING ORDINANCE
Amending the Code of Ordinances, City of Corpus Christi, Chapter 2, regarding City
Council's Youth Advisory Committee; and providing for publication.
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 31.2. regarding an amendment to the City's Code
of Ordinances on conflicts of interest. City Attorney Fischer stated that staff has prepared an
ordinance to reflect the suggestions that Council Member Hummell has brought forward. Jim
Cramer, Chairman of the Ethics Commission, stated that he felt the Council was rushing to move
this vote forward without allowing the Ethics Commission to review the changes. Mr. Cramer asked
the Council to allow the Ethics Commission to review the changes and submit recommendations for
the City Council. Mr. Cramer added that this item has been placed on the Ethics Commission
agenda for Thursday, May 14th.
The following topics pertaining to this item were discussed: the duties of the Ethics
Commission; whether the City Council is required to send changes to the Ethics Commission prior to
Council consideration; the historical practice of the Ethics Commission to review changes to the
Ethics ordinance prior to Council consideration; the reason the Council has not received any
recommendations from the Ethics Commission over the last two years; the issue of council
members and family members receiving City contracts; the last ethics ordinance amendment;
concerns with the current council making changes to the Code of Ethics that will effect the next
Minutes — Regular Council Meeting
May 12, 2009 — Page 10
council; the board appointments to the Port Commission; the group that originated the last ethics
ordinance change; worked performed by the Ethics Commission in the last two years; the Charter
Revision Committee; and expanding the definition on direct family members and services.
Mayor Garrett called for a brief recess to present proclamations and listen to public
comment.
Mayor Garrett called for petitions from the audience. Jerry Garcia, Southside Youth Sports,
spoke regarding the difference between city run facilities and volunteer facilities; funding for
Whataburger Field; and the reason there is not a council goal for helping children. Wilson
Wakefield, 6026 Killarmet, spoke in opposition to the Las Brisas plant. Carolyn Moon, 4902 Calvin,
spoke regarding alternative fuel sources and making the City a more environmentally attractive
place. Phil Rosenstein spoke regarding the drainage at the Lindale Senior Center parking lot.
Council Member Leal asked for information on whether the Lindale Senior Center is part of the
current CIP budget.
Mayor Garrett announced the executive session, which was listed on the agenda as follows:
32. Executive session under Section 551.072 and Section 551.087 of the Texas Government
Code for deliberations regarding the lease of real property and for deliberations regarding
the offer of a financial or other incentive to a business prospect relating to Memorial
Coliseum with possible discussion and action related in open session.
The Council went into executive session. The Council returned from executive session and
the following motion was passed with the following vote:
32. MOTION NO. 2009-128
Motion directing staff to cease all negotiations with Leisure Horizons.
The foregoing motion was passed and approved with the following vote: Garrett, Cooper,
Elizondo, Hummell, Kelly, McCutchon, and Martinez, voting "Aye"; Leal and Marez were
absent.
Mayor Garrett returned to Item 31.2. regarding an amendment to the City's Code of
Ordinances on conflicts of interest. The following topics pertaining to this item were discussed:
supporting the Ethics Commission reviewing the ordinance; whether the Ethics Commission would
support the Council making the proposed changes subject to the review of the Ethics Commission;
approving the item on first reading and bringing the item back for second reading after the Ethics
Commission review; when the Ethics Commission became aware of the ethics problem; how the
Ethics Commission decides when to discuss topics; whether this ordinance requires two readings;
how the ordinance is set up for passage; and approval of the ordinance without input from the Ethics
Commission.
Mayor Garrett called for comments from the audience. J.E. O'Brien, 4130 Pompano, stated
that ethics is an important issue and recommend that this council go on record supporting the
proposed changes. Mr. O'Brien added that if the changes are approved, there is nothing that states
Minutes — Regular Council Meeting
May 12, 2009 — Page 11
that the Ethics Commission still can't review the ordinance. David Loeb said the Council should send
a clear message regarding ethics and recommended that the Council pass this ordinance. Butch
Escobedo, 3 Great Lakes, spoke regarding the premature appointments to the Port Commission
and asked the Council to deal with the issue on hand.
Mr. Kelly made a motion that the second reading regarding this ordinance not take place until
after the Ethics Commission has had an opportunity to review and make a recommendation to the
City Council. The motion was seconded by Ms. Martinez.
City Secretary Chapa polled the Council for their votes as follows:
The foregoing motion failed with the following vote: Kelly and Martinez, voting "Aye"; Garrett,
Cooper, Elizondo, Hummell, Leal, McCutchon, and Marez, voting "No".
Mayor Garrett made a motion to call for the vote on the posted agenda item. The motion was
seconded by Mr. Hummell. City Secretary Chapa polled the Council for their votes as follows:
The foregoing motion was passed and approved with the following vote: Garrett, Cooper,
Elizondo, Hummell, Leal, and McCutchon, voting "Aye"; Kelly, Marez, and Martinez, voting
"No".
City Secretary Chapa polled the Council for their votes as follows:
31.2. ORDINANCE NO. 028170
Ordinance amending the Code of Ordinances, City of Corpus Christi, Chapter 2, regarding
conflicts of interest; and 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 returned to Item 13 regarding a request for waiver of Chapter 35, Code of
Ordinances, Section 35-111(2). Petroleum Superintendent Ricardo Guzman provided the chart
requested by Council. Council Member McCutchon asked whether the platform would block the
channel. Eric Leuenberger, Cinco Natural Resources Corporation, stated that the platform would not
block the channel. City Secretary Chapa polled the Council for their votes as follows:
13. MOTION NO. 2009-122
Motion granting a waiver to Cinco Natural Resources Corporation ("Cinco") to exceed the
maximum dimensions of a well structure as stated by the Code of Ordinances, Chapter 35,
Section 35-111(2) upon showing by Cinco that the environment, public health, safety, and
welfare are adequately protected and to allow the placement in a marine area of two well
structures each measuring approximately eight feet by sixty feet (8' x 60').
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
May 12, 2009 — Page 12
Mayor Garrett referred to Item 31.3. regarding discussion and consideration of all potential
options that may be considered for the Memorial Coliseum. Council Member Hummell informed the
Council that Fred Yeo with the National Swimming Center was available to answer any questions
and stated that he was not aware if a representative from the IceRays was present. Director of
Economic Development Irma Caballero stated that staff needed direction from the Council on their
interest and desires to move forward on a project for the Memorial Coliseum; get a clear timeline;
and how to determine the best legal approach. Council Member Hummell stated that he felt that the
Council should give staff the authority to open discussions with the interested parties but was not
convinced that the Request for Proposal (RFP) process was necessary for evaluating the
possibilities for the property. City Attorney Fischer suggested that a general RFP be issued to
address the competitive bidding law. Ms. Fischer added that the law does not authorize the City to
enter into a contract greater than $50,000 without going through a competitive process. A brief
discussion ensued regarding the NRP project.
Dr. McCutchon made a motion directing staff to review all of the options for the Memorial
Coliseum and initiate the process today. The motion was seconded by Mr. Hummell. City Secretary
Chapa polled the Council for their votes as follows:
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.
Fred Yeo, Chair of the National Swimming Center, U.S.A. Swimming, stated that the
Memorial Coliseum is a tremendous opportunity for developing swimming and bring other
organizations together. Mr. Yeo provided a brief presentation including the problems with the
Coliseum; pictures of the existing structure, examples of pools, swim lanes, and a diving tower; and
a rendering of a pedestrian promenade for retail.
The following topics pertaining to this item were discussed: the RFP process; the NRP
project; the size of other swimming projects; whether the pool will be open to the public; investment
in the project; the City's responsibility; and timeline.
Mayor Garrett called for petitions from the audience. The following individuals spoke in
support of the National Swim Center: Bill Harrison, 4887 Ocean Drive; Bill Barton, 14214 Avede San
Nico; Adam Scott, 1027 Cupertino, Portland, TX; Marilyn Gafford, 3719 Perry Lane, Portland, TX;
Kalyn Davidson, 327 Gulfton, Portland, TX; Karren Marshall, 327 Gulfton, Portland, TX; Patricia
Prewit, 5701 King Acres; Joyce Green, 4525 Ammer Lake Drive; Pat O'Connell, 8018 Mt. Zion;
Annette Duval, 7101 Trappers Lake; and David O'Connell, 4106 Castle Valley Drive.
Mayor Garrett opened discussion on Item 31.1. regarding Parkdale Shopping Center. Emily
Martinez with Economic Development introduced Steve Spillette with Spillette Consulting; Richard
Rundy, Capital Area Retail Development; and Attorney John Bell. Ms. Martinez provided an
overview of the project including a background; description of the property; criteria for the large retail
policy; timeline; the request for incentive; tax revenue projects; terms of the financing agreement;
waiver of development fees; and the fair share agreement. Mr. Spillette provided a brief overview of
the economic impact and tax revenues.
The following topics pertaining to this item were discussed: the base capital investment
required for large retail; the fair share agreement; the cap for relocations; the projected incremental
tax revenues; annual inflation; the projected percentage of completion and lease space for 2011; the
estimated completion date; the minimum requirement of square feet for a 380 agreement; the
distinction between built and occupied space; the economic impact; net new retail sales; and traffic.
City Secretary Chapa polled the Council for their votes as follows:
Minutes — Regular Council Meeting
May 12, 2009 — Page 13
31.1. MOTION NO. 2009-127
Motion authorizing the City Manager to execute a Chapter 380 Financing Agreement with
Parkdale Shopping Center (Developer) to authorize the reimbursement of a 70% of
increased sale and ad valorem tax revenues to offset the costs of some of the required
infrastructure improvements for the redevelopment of portions of the Parkdale Shopping
Center Staples, with at least 50,000 square feet of retail center improvements.
The foregoing motion was passed and approved with the following vote: Garrett, Elizondo,
Hummell, Leal, and McCutchon, voting "Aye'; Martinez abstained; Cooper, Kelly, and Marez
were absent.
Mayor Garrett referred to Item 25, and a motion was made, seconded and passed to open
the public hearing on the following zoning case:
Case No. 0309-03, Melvin Littleton: A change of zoning from a "F -R" Farm and Rural District
to a "1-3" Heavy Industrial District resulting in a change of land use from farm and rural uses
to heavy industrial uses described as 82.403 acres out of J.W. Waterbury Survey 596, Land
Scrip 167, Mustang Island, Nueces County, Texas located approximately 1.0 miles north of
Mustang Island State Park on the northwest side of State Highway 361 and across from the
La Concha Subdivision.
City Secretary Chapa stated that the Planning Commission recommended denial of the "1-3"
Heavy Industrial District and in lieu thereof, approval of a Special Permit subject to a site plan and
eight (8) conditions. City Secretary Chapa stated that the staff's recommendation of the special
permit conditions are identical to the Planning Commission recommendation except that condition 4
has been revised and a new condition number 9 has been added.
Bob Payne, City Planner, referred to a powerpoint presentation including the difference
between the staff and Planning Commission recommendations on the special permit conditions; the
screening fence; and pictures of the subject property. Mr. Payne explained that staff and the
applicant worked out an agreement on what staff would recommend. Jim Urban, Urban Engineering,
and Bill McClain, Attorney, were present to respond to questions.
The following topics pertaining to this item were discussed: staffs recommendation: whether
land zoned "F -R" can have a large building on the property; the current land uses for the property;
the reason the property has to be rezoned if it is grandfathered; expansion on the property; the
special permit conditions; the buffer and setback; how far back the applicant is currently utilizing the
property for industrial use; how long the conditions remain in effect; if the applicant can continue to
operate if the Council does not approve the rezoning; when concrete crushing on the property
began; other uses on the property; the language in condition 1 referring to "other use that existed at
the time of annexation per state statute"; the Mustang Island/Padre Island Development Plan for this
area; the initial recommendation for the height of the concrete piles; screen fencing; the existing
roadway and future transportation plan; the reason for only dedicating 60 -feet of right-of-way;
whether the applicant would considera 9 -foot screening fence; the 1999 aerial photo; the applicant's
business practices for the height of material stacks; the difference between maintaining a 6 -foot and
9 -foot fencing; the issue of non -conforming use; and the grandfathered uses.
Mayor Garrett called for comments from the audience. John Bell, representative for the
Admiral's Row property owners, addressed the two major concerns of the proposed development
including traffic and the non -conforming uses on the site.
Minutes — Regular Council Meeting
May 12, 2009 — Page 14
Mayor Garrett announced that the Council would go into executive session under Section
551.071of the Texas Government Code for consultation with attorney regarding this item.
The Council went into executive session. The Council returned from executive session. Ms.
Martinez made a motion to amend the ordinance to conform to staffs recommendation. The motion
was seconded by Mr. Marez. City Secretary Chapa polled the Council for their votes as follows:
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.
Mr. Elizondo made a motion to close the public hearing, seconded by Mr. Kelly, and passed.
Mr. Chapa polled the Council for their votes as follows:
25. ORDINANCE NO. 028164
Ordinance amending the Zoning Ordinance upon application by Melvin Littleton, General
Partner, LFP Unimproved Investments, Ltd., by changing the Zoning Map in reference to
82.403 acres out of J. W. Waterbury Survey 596, Land Scrip 167, Mustang Island, Nueces
County, Texas, from "F -R" Farm and Rural District to "F-R/SP" Farm and Rural District with a
Special Permit to allow for construction of an equipment storage building, subject to a Site
Plan and nine (9) 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 as
amended with the following vote: Garrett, Elizondo, Hummell, Kelly, Leal, McCutchon,
Marez, and Martinez, voting "Aye"; Cooper was absent.
Mayor Garrett opened discussion on Item 31 regarding an agreement between the Corpus
Christi Business and Job Development Corporation and S&G Marina, LLC. Emily Martinez,
Economic Development, introduced Steve Smith, S&G Marina; J.J. Johnston, Corpus Christi
Regional Economic Development Corporation; and Don Boyd, Marshall Company, who were
available to respond to questions. Ms. Martinez provided a brief overview of the project including the
project description; economic data; the capital investment; job creation; the projected gross payroll;
and terms of the agreement.
In response to Dr. McCutchon, Mr. Smith explained the services that will be provided by the
company. City Secretary Chapa polled the Council for their votes as follows:
31. RESOLUTION NO. 028169
Resolution approving a Business Incentive Agreement between the Corpus Christi Business
and Job Development Corporation and S & G Marina, L.L.C., for construction and operation
of a dry rack boat storage facility and authorizing the City Manager or his designee to
execute a Business Incentive Project Support Agreement with the Corpus Christi Business
and Job Development Corporation regarding implementation and administration of the S & G
Marina, L.L.C., Business Incentive Agreement.
The foregoing resolution was passed and approved with the following vote: Garrett,
Elizondo, Hummell, Leal, McCutchon, and Martinez, voting "Aye"; Cooper, Kelly, and Marez
were absent.
Minutes — Regular Council Meeting
May 12, 2009 — Page 15
Mayor Garrett referred to Item 26, and a motion was made, seconded and passed to open
the public hearing on the following zoning case:
Case No. 0409-01, TNT Crane & Rigging, Inc.: A change of zoning from a "1-2" Light
Industrial District to a "1-3" Heavy Industrial District resulting in a change of land use from
Tight industrial to heavy industrial for an above ground fuel storage tank described as a 375
square foot tract out of Interstate Industrial Complex Block 4, Lot 4A, located on the south
side of IH -37, 0.16 miles west of Corn Products 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) 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. Kelly made a motion to close the
public hearing, seconded by Ms. Martinez, and passed. Mr. Chapa polled the Council for their votes
as follows:
26. ORDINANCE NO. 028165
Ordinance amending the Zoning Ordinance upon application by TNT Crane & Rigging, Inc.,
by changing the Zoning Map in reference to a 375 -square foot tract out of Interstate
Industrial Complex, Block 4, Lot 4A, 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 a penalty; providing for
publication.
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Garrett, Elizondo, Hummell, Kelly, Leal, McCutchon, and Martinez, voting
"Aye"; Cooper and Marez were absent.
Mayor Garrett referred to Item 27, and a motion was made, seconded and passed to open
the public hearing on the following zoning case:
Case No. 0409-03, Corpus Christi Athletic Club: A change of zoning from a "B-3" Business
District to a "B-4" General Business District resulting in a change of land use from commercial to
commercial and residential on property described as 0.673 acres out of Wooldridge Creek Unit 8,
Block 1, Lot 1 located to the southwest of Corpus Christi Athletic Club and fronting on Nodding
Pines Drive.
City Secretary Chapa stated that the Planning Commission and staff recommended Approval
of the "B-4" General Business District.
No one appeared in opposition to the zoning change. Mr. Elizondo made a motion to close
the public hearing, seconded by Ms. Martinez, and passed. Mr. Chapa polled the Council for their
votes as follows:
27. ORDINANCE NO. 028166
Ordinance amending the Zoning Ordinance upon application by Corpus Christi Athletic Club,
Inc., by changing the Zoning Map in reference to 0.673 acres out of Wooldridge Creek Unit
Minutes — Regular Council Meeting
May 12, 2009 — Page 16
8, Block 1, Lot 1, from "B-3" Business District to "B-4" General Business District; amending
the Comprehensive Plan to account for any deviations from the existing Comprehensive
Plan; providing a repealer clause; providing a penalty; providing for publication.
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Garrett, Elizondo, Hummell, Kelly, Leal, McCutchon, and Martinez, voting
"Aye"; Cooper and Marez were absent.
Mayor Garrett referred to Item 28, and a motion was made, seconded and passed to open
the public hearing on the following zoning case:
Case No. 0409-02, Morris L. Lichtenstein, Jr. Medical Research Foundation: A change of
zoning from "B-3" Business District to a "B-4" General Business District resulting in a change
of land use from commercial to commercial and residential on property described as 3.198
acres out of Flour Bluff and Encinal Farm and Garden Tract, Section 12, Lots 6 and 7
located to the southwest of Corpus Christi Athletic Club and fronting on Nodding Pines
Drive.
City Secretary Chapa stated that the Planning Commission and staff recommended approval
of the "B-4" General Business District.
No one appeared in opposition to the zoning change. Ms. Martinez made a motion to close
the public hearing, seconded by Mr. Elizondo, and passed. Mr. Chapa polled the Council for their
votes as follows:
28. ORDINANCE NO. 028167
Ordinance amending the Zoning Ordinance upon application by Morris L. Lichtenstein, Jr.
Medical Research Foundation, by changing the Zoning Map in reference to 3.198 acres out
of Flour Bluff and Encinal Farm and Garden Tract, Section 12, Lots 6 and 7, from "B-3"
Business District to "B-4" General Business District; amending the Comprehensive Plan to
account for any deviations from the existing Comprehensive Plan; providing a repealer
clause; providing a penalty; providing for publication.
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Garrett, Elizondo, Hummell, Kelly, Leal, McCutchon, and Martinez, voting
"Aye"; Cooper and Marez were absent.
Mayor Garrett opened discussion on Item 29 regarding the establishment of a storm water
utility rate. Assistant City Manager Oscar Martinez explained that staff is requesting approval to set
the public hearing date to consider establishment of the storm water utility rate. Mr. Martinez added
that the publications are scheduled for May 18th, June 1st, and June 15`h with the public hearing
scheduled for June 16th during the City Council meeting.
There were no comments from the audience. City Secretary Chapa polled the Council for
their votes as follows:
29. MOTION NO. 2009-126
Motion directing staff to publish the required notice, under Chapter 402 of the Texas Local
Government Code, of a Public Hearing to consider adoption of an Ordinance to establish a
Minutes — Regular Council Meeting
May 12, 2009 — Page 17
storm water utility rate, and setting a Public Hearing to be held at the Tuesday, June 16,
2009 Meeting of the Corpus Christi City Council.
The foregoing motion was passed and approved with the following vote: Garrett, Elizondo,
Hummell, Kelly, Leal, McCutchon, and Martinez, voting "Aye"; Cooper and Marez were absent.
Mayor Garrett opened discussion on Item 30 regarding the Holly Road Street Improvements.
Mayor Garrett asked if there was a warranty for this project. City Manager Escobar explained that
there is a warranty on the work for Holly Road. Mr. Escobar said that the seal coating on Holly Road
will remain and the contractor will overlay on top of the seal coating. In response to Ms. Leal, City
Manager Escobar stated that the project for Holly Road extended from Rodd Field to Ayers Street.
There were no comments from the audience. City Secretary Chapa polled the Council for
their votes as follows:
30. RESOLUTION NO. 028168
Resolution relating to establishing the City's intentions to reimburse itself for the prior lawful
expenditure of funds from the proceeds of obligations to be issued by the City for costs
associated with Holly Road Street Improvements; authorizing matters incident and related
thereto; and providing an effective date.
The foregoing resolution was passed and approved with the following vote: Garrett,
Elizondo, Hummell, Kelly, Leal, McCutchon, and Martinez, voting "Aye'; Cooper and Marez
were absent.
There being no further business to come before the Council, Mayor Garrett adjourned the
Council meeting at 4:42 p.m. on May 12, 2009.
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