HomeMy WebLinkAboutMinutes City Council - 05/16/2006HEREBY (.FRTIFY that the foregoing is a true and correct copy of the minutes of the
Regular Meeting of the Corpus Christi (. itv Council of May 16. 2006, which were approved by
the Cite Council on May 2 2006.
WI LNFISSETH MY HAND AND SEAL_ on this the 23rd day of May, 2006.
Armando Chapa
City Secretary
sEA1
PRESENT
Mayor Henry Garrett
Mayor Pro Tem John Marez
Council Members:
Brent Chesney
Melody Cooper
Jerry Garcia
Bill Kelly
Rex Kinnison
Jesse Noyola
Mark Scott
MINUTES
CITY OF CORPUS CHRISTI, TEXAS
Regular Meeting
May 16. 2006 — 10:00 a.m.
City Staff:
City Manager George K. Noe
City Attorney Mary Kay Fischer
City Secretary Armando Chapa
Mayor Garrett called the meeting to order in the Council Chambers of City Hall.
The invocation was delivered by Pastor Don Tuttle of First Christian Church and the
Pledge of Allegiance to the United States flag was led by Council Member Noyola.
Mayor Garrett called for approval of the minutes of the Council Retreat of May 2, 2006,
the regular Council meeting of May 9, 2006, and the Council Landfill Bus Tour of May 9, 2006.
A motion was made, seconded. and passed to approve the minutes as presented.
*LL***********
Mayor Garrett called for consideration of the consent agenda (Items 2 - 10). City
Secretary Chapa announced that Mr. Kelly was abstaining from the vote and discussion on Item
10. There were no comments from the public. Mr. Kinnison requested that Item 10 be pulled
for individual consideration
A motion was made, seconded, and passed to approve Items 2 through 10, constituting
the consent agenda, except for Item 10, which was pulled for individual consideration. City
Secretary Chapa polled the Council for their votes as follows:
2 RESOLUTION NO 026774
Resolution authorizing and approving the City of Corpus Christi to serve as the lead
agency and fiscal agent for the "HOME 2008 Continuum of Care" grant application to the
U.S Department of Housing and Urban Development; and authorizing the City Manager
or his designee to execute all necessary documents related to submission of a grant
application to the U.S. Department of Housing and Urban Development in the amount of
$1 147.926 for Continuum of Care Homeless Assistance.
The foregoing resolution was passed and approved with the following vote: Garrett,
Chesney Cooper, Garcia, Kelly Kinnison. Marez, Noyola, and Scott, voting "Aye".
Minutes — Regular Council Meeting
May 16. 2006 — Page 2
3 MOTION NO. 2006-142
Motion authorizing the City Manager or his designee to grant three permits to Sabco
Operating Company, of Houston. Texas, to drill oil or gas wells, approximately five (5)
and six (6) miles easterly of the marina area in Corpus Christi Bay being State Tract 55
Well No. 5, State Tract 52 Well Nos. 8 and 9.
The foregoing motion was passed and approved with the following vote: Garrett,
Chesney. Cooper, Garcia, Kelly. Kinnison, Marez, Noyola, and Scott, voting "Aye".
4 ORDINANCE NO. 026775
Ordinance appropriating additional revenue in the amount of $160,468 from the Vital
Statistics Program in the No. 1020 General Fund for Corpus Christi - Nueces County
Public Health District Infrastructure needs including staff parking, security and record
storage.
An emergency was declared, and the foregoing ordinance was passed and approved
with the following vote: Garrett. Chesney, Cooper, Garcia, Kelly, Kinnison, Marez,
Noyola, and Scott, voting "Aye"
5 ORDINANCE NO. 026776
Ordinance authorizing the City Manager or his designee to execute a five-year lease and
use agreement with International Westside Baseball League for baseball programs at
Greenwood/Horne Youth Sports Complex.
An emergency was declared, and the foregoing ordinance was passed and approved
with the following vote Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez,
Noyola, and Scott. voting "Aye"
ORDINANCE NO. 026777
Ordinance authorizing the City Manager or his designee to execute a five-year lease and
use agreement with Westside Pony Baseball League for baseball programs at
Greenwood/Horne Youth Sports Complex.
An emergency was declared, and the foregoing ordinance was passed and approved
with the following vote: Garrett. Chesney, Cooper, Garcia, Kelly, Kinnison, Marez,
Noyola. and Scott. voting "Aye"
ORDINANCE NO. 026778
Ordinance authorizing the City Manager or his designee to execute a five-year lease and
use agreement with Sparkling City Girls Fastpitch for baseball programs at the
Greenwood/Horne Youth Sports Complex.
An emergency was declared, and the foregoing ordinance was passed and approved
with the following vote: Garrett. Chesney. Cooper, Garcia, Kelly, Kinnison, Marez,
Noyola, and Scott, voting "Aye"
Minutes — Regular Council Meeting
May 16 2006 — Page 3
8.a. MOTION NO. 2006-143
Motion authorizing the City Manager or his designee to execute Change Order No. 6 for
the excavation and transport of overfill from J. C. Elliott Landfill Sector 9 to Sector 11 in
the amount of $547,500 with Longhorn Excavation, Inc.. of Richmond, Texas for the
Cefe F Valenzuela Landfill Site Development Project.
The foregoing motion was passed and approved with the following vote: Garrett,
Chesney. Cooper, Garcia, Kelly Kinnison, Marez, Noyola, and Scott, voting "Aye".
8.b. MOTION NO. 2006-144
Motion authorizing the City Manager or his designee to execute a work order with BFI
Waste Services of North America, Inc., of Scottsdale, Arizona in the amount of $848,400
for the spread, compaction and cover of overfill from Sector 9 delivered to Sector 11 of J.
C Elliott Landfill in accordance with the terms of the Landfill Services Agreement.
The foregoing motion was passed and approved with the following vote: Garrett,
Chesney Cooper, Garcia, Kelly Kinnison, Marez. Noyola. and Scott, voting "Aye".
9.a. ORDINANCE NO. 026779
Ordinance appropriating $309,038 from the Reserve for Choke Canyon Maintenance in
the No. 4050 Choke Canyon Fund, transferring to and appropriating into the No. 4080
Water Capital Improvement Fund for maintenance of the Choke Canyon Dam, as
required by the Bureau of Reclamation; amending the FY 2005-06 Operating Budget
adopted by Ordinance No. 026385 by increasing appropriating by $309,038; and
amending Ordinance No. 026188, as previously amended, which approved the FY2004-
05 Capital Budget, by increasing the amount approved by $309,038.
An emergency was declared, and the foregoing ordinance was passed and approved
with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez,
Noyola. and Scott. voting "Aye"
9.b. MOTION NO. 2006-145
Motion authorizing the City Manager or his designee to execute a construction contract
with Holloman Corp., of Converse, Texas in the amount of $309,038 for the Choke
Canyon Dam Spillway and Outlet Works Concrete Repair - Rebid.
The foregoing motion was passed and approved with the following vote: Garrett,
Chesney Cooper, Garcia. Kelly Kinnison. Marez, Noyola, and Scott, voting "Aye".
Mayor Garrett opened discussion on Item 10 regarding the North Padre Island (Packery
Channel) Project. Mr Kinnison asked for more information the cost overruns related to this
project, and if the overruns were due to weather delays. Special Assistant to the City Manager
Tom Utter replied that the Corps of Engineers needed more stone, particularly filler stone, than
was originally estimated, which led to the cost overruns. In addition, he said three hurricane
tides (Hurricanes Emily, Rita, and Katrina) hit the project last year and caused limited damage.
Consequently. he said the Corps of Engineers did some limited redesign to address the
damage. and as such the south side of the project was now relatively impervious to high -tide
damage Mr Utter stated that the cost for the redesign was within the original bond
Minutes — Regular Council Meeting
May 16 2006 — Page 4
authorization amount. Mr Noe added that the city's share of any costs, including the damages,
was 35 percent. He said a $2.9 million bond issuance was now in progress, the last
authorization under the original agreements, and would be more than sufficient to cover the
costs and place funds in a maintenance reserve. In response to Mr. Kinnison's question, Mr.
Noe stated that the Council had already adopted a reimbursement resolution to reimburse the
city's costs once they were available.
in response to Mr, Scott's question, Mr. Utter stated that the anticipated project
completion date was at the end of August. He said staff would begin selecting a date for the
grand opening within the next 30 days. coordinating with the office of Senator Hutchison and the
state representatives. Mr Utter added that the south side jetty should be completed within the
next week or two. City Secretary Chapa polled the Council for their votes as follows:
10.a. ORDINANCE NO. 026780
Ordinance appropriating $1,043,867 from the unappropriated interest earnings from
Water 1999 Capital Improvement Program Fund 4083; authorizing the transfer and
appropriation of $1,043.867 from the Water 1999 Capital Improvement Program Fund
4083 into the Packery Channel Capital Improvement Program Fund 3277 for the local
cost share of the North Padre Island Project (Packery Channel); amending FY04-05
Capital Budget adopted by Ordinance No. 026188 by increasing appropriations by
$2 087 734
An emergency was declared, and the foregoing ordinance was passed and approved
with the following vote: Garrett. Chesney. Cooper, Garcia. Kinnison, Marez, Noyola, and
Scott, voting "Aye" Kelly abstained.
10.b. MOTION NO. 2006-146
Motion authorizing the City Manager or his designee to make payment to the U.S. Corps
of Engineers in the amount of $1,043,867 for the North Padre Island Project (Packery
Channel)
The foregoing motion was passed and approved with the following vote: Garrett,
Chesney. Cooper Garcia Kinnison, Marez, Noyola, and Scott, voting "Aye"; Kelly
abstained.
* **********
Mayor Garrett referred to Item 11, and a motion was made, seconded, and passed to
open the public hearing on the following zoning case:
Case No. 0406-02, Wind Vane of Aransas, Inc.: A change of zoning from a "B-4"/"SP"
General Business District with Special Permit to an "1-3" Heavy Industrial District. The
property being Ebony Acres, Lot 17, located along Leopard Street, 100 feet west of
Lantana Street and 525 feet west of North Padre Island Drive.
City Secretary Chapa stated that the Planning Commission and staff recommended the
denial of the "1-3" Heavy Industrial District and approval of a revised "SP" Special Permit to add
a vehicle impound yard. subject to four (4) conditions.
Minutes — Regular Council Meeting
May 16 2006 — Page 5
No one spoke in opposition to the zoning change. Mr. Kelly made a motion to close the
public hearing, seconded by Ms. Cooper. and passed. City Secretary Chapa polled the Council
for their votes as follows:
11. ORDINANCE NO. 026781
Amending the Zoning Ordinance, upon application by Wind Vane of Aransas, Inc., by
changing the zoning map in reference to Ebony Acres, Lot 17, (currently zoned "B-
4"/SP" General Business District with a Special Permit) by amending the existing Special
Permit for a paint and body shop to also include a vehicle impound yard, subject to four
'4) conditions; amending the Comprehensive Plan to account for any deviations from the
existing Comprehensive Plan.
An emergency was declared, and the foregoing ordinance was passed and approved
with the following vote Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez,
Noyola and Scott. voting "Aye"
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. 0406-05, George D. Shaffer A change of zoning from a "R -1B" One -family
Dwelling District to an "A -B" Professional Office District. The property being Martine Lot
1, Block 3. located on Violet Road and 185 feet south of Windsor Street.
City Secretary Chapa stated that the Planning Commission and staff recommended
denial of the "AB" Professional Office District and in lieu thereof, approval of the "R-2" Multiple
Dwelling District.
No one spoke in opposition to the zoning change. Mr. Garcia made a motion to close
the public hearing, seconded by Ms Cooper, and passed. City Secretary Chapa polled the
Council for their votes as follows
12. ORDINANCE NO. 026782
Amending the Zoning Ordinance, upon application by George D. Shaffer, by changing
the zoning map in reference to Martine Lot 1, Block 3, from "R-1 B" One -family Dwelling
District to "R-2" Multiple Dwelling District; amending the Comprehensive Plan to account
for any deviations from the existing Comprehensive Plan.
An emergency was declared, and the foregoing ordinance was passed and approved
with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez,
Noyola. and Scott, voting "Aye"
Mayor Garrett referred to Item 13, the Chili Pepper Properties Inc. zoning case (Case
No. 0206-02). Mr. Chapa announced that the developer had withdrawn the item.
Minutes - Regular Councr Meeting
May 16 2006 - Page 6
WITHDRAWN
Tract A, Lots 1 5, Tract B, Lots 1 and 4 8, Tract C, Lots 1 6 and 8 11, Tract 15 (Replat),
r * * * * * * * * * *
Mayor Garrett opened discussion on Item 14, a motion approving service agreements for
temporary staffing services. Procurement and General Services Manager Mike Barrera
explained that the city used temporary employees on an as needed basis depending on
workload and workforce conditions. He said in FY 2004-05, city departments reported
approximately 276,951 man-hours across 65 different job classifications to the Purchasing
department. totaling $3,480,946.17. He stated that temporary services were currently procured
at the department level through 15 separate agencies
Mr Barrera explained that as part of a strategic sourcing initiative, staff identified
temporary staffing services as an opportunity for consolidation and savings. He said the goals
were to reduce the number of service providers to a manageable level, minimize the city's risk
associated with the service. and to reduce costs by ten percent.
Mr Barrera reported that the city issued a Request for Proposal that grouped the 65
different job classifications into three categories: (1) administrative support & clerical; (2)
general services & support occupations: and (3) technical & professional services. He said the
city issued proposals to 29 local temporary service agencies, and received and evaluated eight
responsive proposals. The proposals were evaluated across cost, technical solution, company
profile, and exceptions; proposals were also analyzed in a bundled and unbundled approach.
Upon review, Mr Barrera stated that the evaluation team determined that unbundled awards to
two primary service providers per group and a single backup provider per group presented the
optimal solution
Mr Barrera reviewed the proposed centralized contracts for temporary staffing services
as follows
(1) Administrative support & clerical ($310,739.07 - 16 positions): Unique Employment
Services - PRIMARY. Advance'd Temporaries - PRIMARY. Absolute Staffing, L.P. -
SECONDARY
(2) General services & support occupations ($2,420,679.41 - 34 positions): Unique
Employment Services - PRIMARY. Absolute Staffing, L.P. - PRIMARY; and Advance'd
Temporaries - SECONDARY
(3) Technical & Professional Occupations ($115,017.93 - 15 positions): Unique
Employment Services - PRIMARY: Absolute Staffing, L.P. - PRIMARY; and Advance'd
Temporaries - SECONDARY
Mr Barrera discussed the benefits of the centralized contracts as follows: "one rate" for
each temporary position; across-the-board drug testing; insurance coverage; indemnification;
workers compensation coverage; and an 18 percent reduction in costs. He explained that in FY
2004-05, the city spent $3,480,946.17 on temporary staffing services, while the total pricing
secured through the RFP was $2 846 436.41. Thus. the consolidation allowed for the annual
Minutes — Regular Counci Meeting
May 16. 2006 — Page 7
savings of $634,509 76, or 18 percent In conclusion, Mr. Barrera said staff recommended that
the Council approve the awards as presented.
Mr Noyola asked for more information on the type of insurance benefits. Mr. Barrera
replied that the city was asking the companies to carry general liability, auto liability, and
workers compensation on its employees at their expense. The companies would need to
submit certificates of insurance before they could provide services. Mr. Noyola asked if the
temporary jobs adversely affected any permanent positions. Mr Noe replied negatively, saying
the city used temporary employees routinely to maintain minimum staffing levels.
Mr Garcia asked if the city would verify that the temporary staffing companies were
selecting viable insurance companies Mr. Barrera replied that the RFP stipulated that the
temporary staffing companies had to choose insurance companies authorized to do business
with the State of Texas and rated °A" or better.
in response to Mr. Noyola's question, Mr. Barrera replied that the companies would have
approximately 30 days to obtain insurance coverage and submit their certificates to the city.
Meanwhile he said staff would train departments regarding the service providers.
Mr Marez asked if temporary employees had an advantage when applying for
permanent openings since they were already performing the job duties. Mr. Barrera replied that
temporary employees often applied for job openings, and it could be advantageous to them if
they had experience performing the jobs. However, he said the Human Resources department
was still required to advertise for the positions. He said departments could benefit from training
temporary employees as a way to gauge their potential as permanent employees. City
Secretary Chapa polled the Council for their votes as follows:
14. MOTION NO. 2006-147
Motion approving service agreements with the following companies for the following
amounts for temporary staffing services in accordance with Request for Proposal
Number BI -0010-06 for an estimated annual expenditure of $2,846,436.41 of which
$593,007.59 is budgeted for the remainder of FY 2005-2006. The term of the service
agreements 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 This service will be used by all City departments. Funds are available in
the using department's operational budges in FY 2005-2006 and will be requested for
FY 2006-2007
Unique Employment Services
Corpus Christi, TX
$1 316.243 71
Absolute Staffing, LP
Corpus Christi, TX
$1,009..122.03
Grand Total: $2,846,436.41
Advance'd Temporaries, Inc.
Corpus Christi, TX
$521,070.67
The foregoing motion was passed and approved with the following vote: Garrett,
Chesney Cooper, Garcia. Kelly. Kinnison. Marez, and Noyola, voting "Aye"; Scott was
absent.
* * * * * * * * *
Minutes — Regular Council Meeting
May 16. 2006 — Page 8
Mayor Garrett referred to Item 15, a presentation regarding the Tennis Success, Inc.
program. Mr. Matthew Stevens, a Tennis Success Inc. board member, stated that Mr. Ronald
Elizondo, an award-winning professional tennis player, founded the program in 2000 to provide
free tennis lessons to underprivileged youth. The program enrollment has grown from 24
children to 1,100 area youth trained year-round. In addition to tennis instruction, Mr. Stevens
said the program provided homework assistance to the children. He said the program had been
a success Mr Elizondo stated that like most non-profit agencies, Tennis Success Inc. was
underfunded and overworked. Therefore. he said they were requesting that the city consider
waiving Tennis Success' court fees for the H -E -B and Al Kruse Tennis Centers. In response to
Mayor Garrett's question, he said the agency worked around the children's school schedule, so
they were requesting free usage between 4:00 p m. and 8:00 p.m during the week.
Mayor Garrett asked if staff felt Tennis Success' request was feasible. Parks and
Recreation Superintendent Ronnie Sepulveda stated that staff felt this was a good organization,
and he said they were not requesting use of the tennis courts during peak times. Currently, he
said the agency paid $500 a month in tennis court usage fees. He said staff could work with the
organization and then return with an agreement for the Council's consideration.
Mayor Garrett. Mr Noyola, and Mr. Marez spoke in support of assisting the Tennis
Success Inc program They complimented Mr. Ron Elizondo and his agency for helping
underprivileged children ,n the community. Mr. Marez thanked Mr. Elizondo for exposing
underprivileged kids to a sport that they would not have had the opportunity to learn otherwise.
***********
Mayor Garrett read the following statement regarding the Notice of Intent to Issue
Certificates of Obligation for the city's landfills:
'Notice of Intent tc issue Certificates of Obligation for improvements to the city's landfill
facilities was duly published in the Corpus Christi Caller -Times as required by law. Due to a
clerical error, the sale of these Certificates of Obligation was not posted on the agenda of the
City Council meeting scheduled for May 16, 2006, the date shown in the notice.
The Certificate of Obligation sale will be held at a Special Meeting of the City Council on
May 18. 2006 at 2:00 p.m in the City Council Chambers."
Mayor Garrett called for the City Manager's Report. City Manager Noe reported asked
Special Assistant to the City Manager Tom Utter to report on the results of the third special
legislative session. Mr Utter reported that the Governor called the session primarily to deal with
school financing, but bills were also filed related to revenue caps and appraisal caps that
ultimately failed,
Mr Utter reported on the bills that were passed in the special session. He said a school
reform bill was passed that would use $2.4 billion of the budget surplus. The bill benefited
schools by reducing their property taxes, and teachers would receive a $2,000 raise across the
board. In addition each school district would receive approximately $275 for every additional
high school student
Regarding new taxes, Mr. Utter reported that a new business tax and a new retail tax
would be levied The business tax was comprised of one percent of gross revenues, while
Minutes — Regular Council Meeting
May 16 2006 — Page 9
retailers would pay 0.5 percent of retail sales, generating $3.4 billion in total revenues. In
addition, he said a used vehicle tax would be levied requiring that the seller set the vehicle's
sale price at 80 percent of the Blue Book value. Finally, he said the cigarette tax would increase
by $1.
Mr Utter reported that the State legislature authorized a change in management for the
Texas A&M University- Kingsville School of Pharmacy to the Texas A&M system. Additionally,
he said $1.8 billion in tuition revenue bonds were approved, $45 million of which were allocated
to Texas A&M University -Corpus Christi for a new nursing and kinesiology building. He
recognized Senator Hinojosa and Representative Luna for their efforts to make this happen.
Mr Utter stated that the Governor's Office staff proposed an initiative authorizing the
Governor to call for mandatory evacuations and to override any local decisions, whether made
by the Commissioners Court or the City Council. He said Mayor Garrett sent a letter to the
Governor and the city's legislative delegation opposing the override power, joined by many
other local and county governments. Consequently, the bill died in the legislature so cities and
counties retained local control.
in summary. Mr. Utter said the city did well in this legislative session, thanks to the
efforts of the area's legislative delegation. He acknowledged that cities and counties, through
TML, the Texas Association of Counties, and the Urban County Coalition, also worked well
together this session He noted that the upcoming legislative session beginning in January
would be difficult this year because negative bills would probably resurface. To this end, he
said staff would be informing the Council about TML's positions on the issues as they were
formulated in late summer. In September, he said the city also planned to invite legislative
delegation staff to a briefing by local groups. Mayor Garrett thanked Representative Vilma Luna
for advocating for the city's interests.
City Manager Noe reported that the NIP Site #15 (bounded by Baldwin, Crosstown
Expressway, Morgan, South Staples, and Ayers Streets) Kick-off meeting would be held tonight
at 6:00 p.m , T G. Allen Elementary School.
Mr Noe announced that National Hurricane Preparedness Week would be held next
week. The city would be kicking off its hurricane preparedness initiatives, including a bilingual,
one-page utility bill insert to be mailed in June. In addition, staff planned making speaking
engagements to community groups and at senior centers, presenting material on special needs
evacuations. The city had also produced a number of public service announcements and
Channel 20 public programming. A kick-off news conference would be held next Monday, May
22 at 1 30 p.m in the Council Chambers hosted by staff, TDPS, and TxDOT.
Mr Noe announced that on Sunday, May 21 at 7.00 p.m., the city and Flour Bluff
Independent School District were celebrating the fifth anniversary of their successful
collaboration to build the Janet Harte Library.
Mayor Garrett stated that during the last hurricane season, the city tested its hurricane
response plan and found several areas for improvement. He asked if the city had addressed
these areas, especially related to evacuations for persons with special needs. Mr. Noe replied
affirmatively, saying during the last exercise held in May, the evaluation team was pleased with
the city's plan for assisted evacuation of transit -dependent and special needs populations.
Mayor Garrett said the city should inform the citizens that they had addressed the areas of
weakness He also said that he felt confident that the city had one of the best hurricane
~esponse plans in the State. Mr. Noe added that the city had posted information on emergency
Minutes — Regular Council Meeting
May 16 2006 — Page 10
services on their website Mayor Garrett stated that the city had taped a program in which
Acting Fire Chief Richard Hooks was explaining the city's hurricane evacuation plan, and would
air it soon
* * * * * * * * *
Mayor Garrett called for public comment. Mr. Daniel B. Allen, 823 S. Water Street #5F,
asked for the status of a public meeting regarding bayfront development issues. Ms. Cooper
replied that she had discussed the matter with the city manager, and the public meeting would
not be held until their final proposal was brought forward. City Manager Noe answered
affirmatively, saying that staff was considering a date in early June. He emphasized that the
public meeting would be held before the Council voted on the proposal at a Council meeting.
Mr. Allen then spoke against the Boardwalk on the Bay project.
Mr Joe Hansler, 1515 Caribbean, asked for the Council's help in expediting a police
investigation into a criminal trespass report on his property, a wooded lot near the intersection of
IH -37 and Sessions Road. Mayor Garrett asked Acting Police Chief K. A. Bung to speak with
Mr. Hansler about the matter
Mr Gabe Lozano Jr., 4602 Mokry Drive. spoke in favor of transferring city employee
Scotty Davison back to the Oso Golf Course. Mayor Garrett stated that this was the third time
that Mr Lozano had come before the Council regarding this issue, despite being informed that
only the City Manager could make personnel decisions. City Manager Noe said he had spoken
with Mr Lozano regarding the matter. but Mr. Lozano did not agree with his position. Mayor
Garrett informed Mr Lozano that he was free to speak regarding the issue during the public
comment period but it would not change the outcome.
Mayor Garrett called for Council reports. Mr. Noyola asked about the city's return to
work policy He asked if an employee who had taken an extended leave from work and was
released by his doctor was also required to see a city doctor for an additional release. Assistant
City Manager Martinez and City Manager Noe stated that they check into it and report to him
later.
Mr Noyola asked if city policy required that if an employee parked a city vehicle and
then returned to find that the vehicle was hit by another car, was the employee still subject to a
mandatory drug test. Mr. Martinez replied that he would check into and report to him later. Mr.
Noe replied that he understood that any accident triggered a mandatory drug test, whether the
driver was in the vehicle or not. He said staff would report to Mr. Noyola later.
Mr. Garcia stated that the issue of jointly buying fuel in bulk with the RTA was raised at
the last RTA Fare Review Board meeting. Mr. Garcia asked how the city would keep track of
how much fuel each entity was using. Mr. Noe replied that the city had not entered into an
agreement with the RTA to jointly purchase fuel yet; staff was looking into it but had not
implemented it yet.
Mr Garcia asked Mr. Utter for more information on the new business tax on gross
receipts that he had mentioned in his legislative report. Mr. Utter stated that the new tax was
one percent of a company's gross receipts, with reductions for either the cost of goods or
employee benefits. Mr Garcia asked if the tax would be taken on the adjusted gross. Mr. Utter
answered affirmatively
Minutes — Regular Council Meeting
May 16 2006 — Page 1 1
In response to Mr. Garcia's question, Mr. Utter replied that the State legislature
authorized a maximum of $45 million to Texas A&M University- Corpus Christi. Mr. Utter said
that President Killebrew stated that students should not see an increase in tuition rates because
of the bond issues.
Mr Kinnison also asked about the new business tax. He asked if the legislature had
exempted small businesses, defined as under $300,000 in gross receipts, from the tax. Mr.
Utter replied that he was unsure about small businesses, and he would provide most of the
information
Mr Scott asked about the reduction in the tax rate bill. Mr. Utter replied that the
reduction would go into effect in January 2007 The reduction would occur over a two-year
period.
Mr Chesney asked about the trunk line sewer system reimbursement fund, which staff
had recommended suspending until the city developed a new program. He asked if a new
program had been developed yet City Manager Noe replied that staff was still working on a
new program He said rumor had it that the city was planning to submit a single project to
include in the reimbursement program. Mr. Noe said he was unaware of any such project, and
he said any developers who were currently on the reimbursement list would remain on the list
until further notice.
Mr Chesney asked when the new program would be introduced. Mr. Noe replied that
the storm drainage program would probably be introduced as part of the Storm Drainage Master
Plan. He said the wastewater trunk system would probably be introduced by the end of the
summer Mr. Garcia said it would be a good idea to include other interests in developing the
plan besides city staff. Mr Chesney stated that it was important to introduce a program quickly
because he felt it was hampering development.
Mr Chesney asked for an update on the development services issues, including
personnel changes. Mr. Noe stated staff could provide monthly, written updates. He said staffs
goal was to maintain the schedule they had presented earlier because it was critical to the
success of the department. Mr. Chesney stated that he did not want to see the search for a
new Development Services director hold the city back on the goal implementation. He preferred
to see the director search and the goal implementation take place simultaneously.
Ms. Cooper announced that the next town hall meeting would take place on June 12 at
the Northwest Senior Center, hosted by Councilman Bill Kelly. She also announced that a
public meeting on bayfront development issues that had been planned for June 5 would be
postponed until the city had received an actual development plan. She said the public meeting
would be announced and held in the Council Chambers before the Council took a vote on the
issue. Thus, she said anyone who had attended the Cliff House condominium meeting should
take note of the postponed meeting. She thanked Assistant City Manager Martinez and Director
of Economic Development Irma Caballero for making the Cliff House presentation.
Ms Cooper announced that she would be absent from next week's Council meeting
because she was traveling to China for the U.S. China Exchange Association. She said the
association was assuming the cost of her travel. She would be joining 10 other public officials
to discuss trade between the countries in four Chinese cities.
Minutes — Regular Council Meeting
May 16 2006 — Page 12
Mr Marez spoke regarding a letter from Ms. Herrera on Seventh Street, who was
concerned about the code enforcement regulations on neglected property (e.g. cars and trash
on the front yard). Mr. Noe replied he had referred the matter to code enforcement to determine
the extent of the violations
Mr Marez spoke regarding two parks in his district, Sam Houston and Lindale Parks.
He said bollards had been removed at Sam Houston Park, and the concrete along the
sidewalks was in poor condition. He asked for a status report, saying he had brought it to Mr.
Noe's attention six or nine months ago He noted that the area was not marked off, so the holes
from the bollards were deep and could cause injury. Regarding Lindale Park, he said the park
equipment needed to be updated. and asked staff to look into it future improvements.
Mayor Garrett thanked City Manager Noe and Solid Waste Director Jeff Kaplan for
arranging the Council's landfill tour last week.
Mayor Garrett stated that he would make proclamations and presentations at 11:45 a.m.,
as stated on the agenda.
There being no further business to come before the Council, Mayor Garrett adjourned
the Council meeting at 11 15 a.m on May 16, 2006
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