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HomeMy WebLinkAboutMinutes City Council - 07/24/2007I HEREBY CERTIFY that the foregoing is a true and correct copy of the minutes of the Regular Meeting tin of the Corpus Christi City Council of July 24, 2007, which were approved by the City Council on August 21, 2007. WITNESSETH MY HAND AND SEAL, on this the 2ist day of August, 2007. _e)..4=,. - Armando Chapa City Secretary SEAL MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting July 24, 2007 - 10:00 a.m. PRESENT Mayor Henry Garrett Mayor Pro Tem Nelda Martinez Council Members: Melody Cooper Larry Elizondo, Sr. Mike Hummel) Bill Kelly Priscilla Leal Michael McCutchon John Marez 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 Deacon Michael Mantz with Corpus Christi Cathedral and the Pledge of Allegiance to the United States flag was led by Council Member John Marez. Mayor Garrett called for approval of the minutes of the regular Council meeting of July 17, 2007. A motion was made and passed to approve the minutes as presented. ************ City Manager Noe provided a brief update on the water system issues. Council members asked questions regarding if the situation had occurred before in the City; if other communities have dealt with chlorine issues; the causes and identification of the problem; the negative testing of bacteria levels; staff awareness; the sampling of water; and the use of Texas Department of Transportation signs to provide awareness to citizens. ************ Mayor Garrett referred to Item 2 and the following board appointments were made: Corpus Christi Business and Job Development Corporation Butch Escobedo (Appointed) Brad Lomax (Appointed) Human Relations Commission Leah Patterson (Appointed) Richard Pulido (Appointed) Margie Myers (Appointed) Jared Cummings (Appointed) Lauren McAdams (Appointed) Johnny Dean Richter Meisner (Appointed) ************ Minutes — Regular Council Meeting July 24, 2007 — Page 2 Mayor Garrett called for consideration of the consent agenda (Items 3 - 18). Mr. J.E. O'Brien, Mr. Bill Kopecky and Mr. Jack Gordy asked that Items 16 and 17 be pulled for individual consideration. Council members requested that Items 10, 12, 13, 16 and 17 be pulled for individual consideration. City Secretary Chapa polled the Council for their votes as follows: 3. MOTION NO. 2007-186 Motion approving the purchase of four (4) compact sport utility vehicles (SUVs) and four (4) pickup trucks from Philpott Motors, of Port Neches, Texas for a total amount of $158,607. The award is based on the cooperative purchasing agreement with the Houston Galveston Area Council (H -GAC). The vehicles will be used by the Fire Department. All units are replacements to the Fleet. Funding is available in the Fire Department Operations Budget. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye". 4 MOTION NO. 2007-187 Motion approving the purchase of one (1) backhoe from Doggett Heavy Machinery Services, Ltd., of Corpus Christi, Texas for a total amount of $54,513.71. The award is made in accordance with the cooperative purchasing agreement with the Texas Local Government Cooperative. The equipment will be used by Park Operations. Funds for the purchase of this equipment are available in the Parks and Recreation Department's FY 2006-2007 Budget. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye". 5. MOTION NO. 2007-188 Motion approving a service agreement with McNeilus Truck and Manufacturing Company of Hutchins, Texas for the refurbishment of thirteen (13) auto -reach side loader packer bodies for an estimated amount of $543,998. Funding is available in the Operations Budget of the Solid Waste Department. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye". 6. MOTION NO. 2007-189 Motion approving the purchase of a tow tractor from Toyota Lift of South Texas in accordance with Bid Invitation No. BI -0187-07, based on only bid, for a total amount of $33,601. Funds are available in the Capital Outlay Budget of the Maintenance Services Fund. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye". 7 MOTION NO. 2007-190 Motion approving Change Order No. 1 to the purchase contract with Advanced Containment Minutes — Regular Council Meeting July 24, 2007 — Page 3 Systems, of Houston, Texas in the amount of $29,355 for a revised contract value of $363,011 for a camera system package to be installed and integrated into the Bomb Rescue Vehicle. Funding is made available through the Homeland Security 06-08 Law Enforcement Terrorism Prevention Program (LETPP) Grant. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye". 8.a. ORDINANCE NO. 027339 Ordinance appropriating a grant in the amount of $216,000 from the Texas Health and Human Services Commission in the No. 1067 Parks and Recreation Grants Fund to operate the Child and Adult Care Food Program to provide after school snacks to youth enrolled in after school programs for FY 2007-2008. 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". 8.b. RESOLUTION NO. 027340 Resolution authorizing the City Manager or his designee to execute all documents necessary to accept the $216,000 grant from the Texas Health and Human Services Commission Child and Adult Care Food Program to provide after school snacks to youth enrolled in after school programs for FY 2007-2008. The foregoing resolution was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye". 8.c. RESOLUTION NO. 027341 Resolution authorizing the City Manager or his designee to execute an Interlocal Cooperation Agreement with the Corpus Christi Independent School District for the After School Snack - Child and Adult Care Food Program. The foregoing resolution was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye". 9.a. RESOLUTION NO. 027342 Resolution authorizing the City Manager or his designee to execute all documents necessary to accept a $200,000 grant from the United States Department of Justice, Office of Justice Programs, for continued support of the Weed and Seed Program, Site II West, for FY 2007-2008. The foregoing resolution was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye". 9.b. ORDINANCE NO. 027343 Ordinance appropriating $200,000 from the United States Department of Justice, Office of Justice Programs in the No. 1067 Federal/State Grants Fund for continued support of the Minutes — Regular Council Meeting July 24, 2007 — Page 4 Weed and Seed Program, Site 11 West, for FY 2007-2008. 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". 11. RESOLUTION NO. 027345 Resolution authorizing the City Manager or his designee to execute a first amendment to the Interlocal Cooperation Agreement for disaster operations with the City of Port Aransas. The foregoing resolution was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye". 14. MOTION NO. 2007-192 Motion authorizing the City Manager or his designee to execute a Job Order Construction Contract with Alpha Building Company, of Corpus Christi, Texas in the amount of $199,448.01 for the Greenwood Senior Center (CDBG), Lindale Senior Center (CDBG), and Joe Garza Recreation Center, HVAC Replacement Projects. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye". 15. ORDINANCE NO. 027348 Ordinance amending the Code of Ordinances Chapter 57 Vehicles for Hire, to allow for a two-year driver's permit and corresponding fee and to amend the sliding scale for rates of fare based on fuel price; 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". 18.a. MOTION NO. 2007-195 Motion to amend prior to second reading the ordinance amending Chapter 17 Finance and Taxation, Article 1 In General, Section 17-20 Lease Agreement Fees to restrict the fee related to leases to those processed through Development Services. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye". 18.b. ORDINANCE NO. 027349 Amending Chapter 14, Development Services, Article XIII, Development Service Fees, Division 4, Platting Ordinance Fees, Section 14-1341, Platting Ordinance Fees, and Chapter 17, Finance and Taxation, Article!, In General, Section 17-20, Lease Agreement Fees, and Chapter 49, Streets and Sidewalks, Article 1, In General, Division 1, Generally, Section 49-12, Petition to Council to Establish or Close Streets, etc., and Section 49-13, Request for Closing or Abandonment of Easement, and Division 2, Temporary Closure of Minutes — Regular Council Meeting July 24, 2007 — Page 5 Streets, Section 49-16, Issuance of Permits; Classification of Events of the Code of Ordinances, City of Corpus Christi, to increase or establish fees related to neighborhood block parties, plat variances, street and alley closures, easement abandonment or closure, lease agreements, participation agreements, and reimbursement agreements. (First Reading 7/17/07) The foregoing ordinance was passed and approved on its second reading with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye". Mayor Garrett opened discussion on Item 10 regarding a grant from the Texas Automobile Theft Prevention Authority (ATPA). In response to Council Member Elizondo, Police Chief Bryan Smith said the automobile theft situation has improved greatly since the auto task force has been in existence and has decreased auto thefts by 40 percent. City Secretary Chapa polled the Council for their votes as follows: 10.a. MOTION NO. 2007-191 Motion authorizing the City Manager or his designee to accept a grant in the amount of $445,182 from the Texas Automobile Theft Prevention Authority (ATPA) to continue the motor vehicle theft enforcement grant within the Police Department for Year 7 with a City cash match of $263,377, in-kind match of $12,488, for a total project cost of $721,047 and authorizing the City Manager or his designee to apply for, accept, reject, alter or terminate the grant. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye". 10.b ORDINANCE NO. 027344 Ordinance appropriating $445,182 from the Texas Automobile Theft Prevention Authority (ATPA) in the No. 1061 Police Grants Fund. 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 12 regarding the HVAC system replacements at Ben Garza Gymnasium and Joe Garza Recreation Center. Council Member McCutchon asked questions regarding the amount appropriated and the lack of cost estimates in comparison to Item 14. Assistant Director of Engineering Kevin Stowers stated that there were no cost estimates for Item 12 due to the extensive issues and code deficiencies at Ben Garza Gym and that the other centers listed on Item 14 are ready for replacement. Council Member McCutchon expressed his concern that money is being moved around in the budget. Director of Parks and Recreation Sally Gavlik explained that the budget was submitted prior to the summer time and revenues were higher than anticipated. City Secretary Chapa polled the Council for their votes as follows: 12. ORDINANCE NO. 027346 Ordinance appropriating $212,745 from estimated excess revenues in Fund No. 1020 General Fund, Parks and Recreation Programs for the repairs and replacement of HVAC systems at Ben Garza Gymnasium, 1815 Howard Street and at Joe Garza Recreation Minutes — Regular Council Meeting July 24, 2007 — Page 6 Center, 3204 Highland Avenue; changing the FY 2006-2007 Operating Budget adopted by Ordinance No. 026908 by increasing revenues and appropriations by $212,745 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". Mayor Garrett opened discussion on Item 13 regarding the Collection Line Trust Fund. In response to Council Member Hummell, Director of Financial Services Cindy O'Brien explained that the monies were not posted correctly and should be transferred to the appropriate fund. Council Members asked questions regarding the collection line trust fund; the services provided by developers; and the types of trust funds. Interim Deputy Director of Development Services Johnny Perales provided a background of the collection line trust fund and the different types of trust funds. 13. ORDINANCE NO. 027347 Ordinance appropriating and transferring $144,631.52 of unappropriated interest earnings from Wastewater Capital Improvement Program (CIP) Fund 3430 to the Collection Line Trust Fund 4220; to reimburse for pro -rata fees collected from developer; changing the FY2007 Capital Budget adopted by Ordinance No. 026997 to increase appropriations by $144,631.52. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, Marez, and Martinez, voting "Aye"; McCutchon was absent. Mayor Garrett opened discussion on Item 16 regarding an agreement with Meyers & Associates for governmental relations services. Council members asked questions regarding previous results from Meyers & Associates; the sources of funding; out-of-pocket expenses; the amount of time Meyers & Associates have represented the City; and reporting issues. J.E. O'Brien, 4130 Pompano, spoke regarding the use of taxpayer dollars for lobbying. Bill Kopecky, 3609 Topeka, spoke in opposition to the City spending money for lobbyists. Jack Gordy, 4118 Bray, spoke regarding the scope of work for the contract and requiring that the agreement include providing quarterly reports. Abel Alonzo, 1701 Thames, spoke in support of lobbyists and added that information should be provided to show accountability to justify the contract. Mr. Hummell made a motion to amend Section 2 of the agreement to add Subsection E. requiring Meyers and Associates to provide quarterly reports on issues they are assisting the City on and assistance they are providing other cities that might benefit our City. The motion was seconded by Ms. Leal and passed unanimously. City Secretary Chapa polled the Council for their votes as follows: 16. MOTION NO. 2007-193 Motion authorizing the City Manager to execute an agreement between the City of Corpus Christi and Meyers & Associates, of Washington D.C. for governmental relations services. The foregoing motion was passed and approved as amended with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting Minutes — Regular Council Meeting July 24, 2007 — Page 7 "Aye". Mayor Garrett opened discussion on Item 17 regarding an agreement with HiIICo Partners for the governmental relations services of Dan Pearson and Snapper Carr. J.E. O'Brien, 4130 Pompano spoke against spending city dollars on lobbyists. Bill Kopecky, 3609 Topeka, spoke regarding the hiring of Snapper Carr. Jack Gordy, 4118 Bray, asked that guidelines be included in the contract to report on the issues lobbyists are working on for the City. Council members asked questions regarding a possible conflict of interest due to their representation of the City on water issues and other clients HillCo may have; HillCo's relationship with the state representatives; the distinction between lobbyist and representing the city's interest; the hiring of an employee to manage the legislative program; whether the contract is continual; the total rate of pay per month; the start of the 81st Legislative Session; and the monitoring of services. Council Member Hummel) made a statement asking the City Manager to include that HillCo provide quarterly reports. City Secretary Chapa polled the Council for their votes as follows: 17. MOTION NO. 2007-194 Motion authorizing the City Manager to execute an agreement between the City of Corpus Christi and HillCo Partners for governmental relations services of Mr. Dan Pearson and Mr. Snapper Carr relating to implementation of provisions gained during the legislative session including but not limited to environmental flow, funding options for water projects, economic development laws, working with Comptroller's Office to implement provisions of HB 1009, assisting the City in formulating the City's Legislative Agenda for the 81st Legislative Session and other matters directed by the City Manager. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummel), Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye". ************* City Secretary Chapa announced that Items 19 and 20 were withdrawn by the applicant. Mayor Garrett referred to Item 21, and a motion was made, seconded and passed to open the public hearing on the following zoning case: Case No. 0607-04, Donald W. Kirchberg: A change of zoning from a "T-1 B" Manufactured Home Park District to an "1-2" Light Industrial District, 26.456 acres out of 55.57 acres of the Anthony C. Page Survey 591, Abstract 1010, and out of the A. M. French Survey 312, Abstract 1018, Nueces County, Texas, located approximately 400 feet south of the intersection of Leopard Street and Rhew Road. City Secretary Chapa stated that the Planning Commission and staff recommended approval of the "1-2" Light Industrial District. No one appeared in opposition to the zoning change. Ms. Cooper made a motion to close the public hearing, seconded by Mr. Marez, and passed. Mr. Chapa polled the Council for their votes as follows: Minutes — Regular Council Meeting July 24, 2007 — Page 8 21. ORDINANCE NO. 027350 Amending the Zoning Ordinance, upon application by Donald W. Kirchberg, by changing the zoning map in reference to 26.456 acres out of 55.57 acres of the Anthony C. Page Survey 591, Abstract 1010, and out of the A. M. French Survey 312, Abstract 1018, Nueces County, Texas, from "T -1B" Manufactured Home Park District to "1-2" Light Industrial 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, Cooper, Elizondo, Hummel!, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye". Mayor Garrett referred to Item 22, and a motion was made, seconded and passed to open the public hearing on the following zoning case: Case No. 0507-11, The Lakes at King Estates, Inc.: A change of zoning from a "RE" Residential Estate District to a "R -1A" One -family Dwelling District on property described as 84.836 acres out of the north %/2 of Section 32, Laureles Farm Tracts recorded in Volume 3, Page 15, Map Records of Nueces County, Texas, located south of King Trail off of South Staples Street (RECONSIDERATION ITEM) Faryce Goode -Macon, Interim Assistant Director of Development Services, referred to a powerpoint presentation including an existing land use map; pictorial views of the subject property; definition of the "R -1A" One -family Dwelling District; definition of "RE" Residential Estate District; future land use map; view of the notification area; planning commission and staff recommendation; and the twenty-one conditions of the special permit. Jerry Allen, A & R Septic Tank Service, provided an explanation of how the septic tanks installed for this area would work; the difference between the aerobic system and a lateral line system; the disinfection with chlorine tablets; and maintaining and monitoring the system. Michael Bridges, 4534 Oso Parkway, stated that the deed restrictions for the Coves at Lago Vista require an on-going maintenance agreement that is enforced by the homeowner's association. Calvin Lockhart, Ecological Tanks Incorporated and manufacture of the aerobic tanks, spoke regarding the maintenance; disinfections; manual treatment; and the control and alarm auto dialing to monitor the system. Juan Marines, Corpus Christi/Nueces County Public Health District, stated that the only system being allowed for the subject property is aerobic treatment units because of soil conditions. Council members asked questions regarding the adjustment of the %/2 acre tract; lateral line systems; contamination of Oso Creek; the modification of the special permit at the last public hearing; a troubled water list pertaining to Oso Creek; future wastewater capabilities and installation; if there are requirements for developers to install wastewater lines in a subdivision; the maintenance requirements in the special permit; the enforcement of maintenance in the deed restrictions should the homeowners association go bankrupt; the onsite wastewater treatment system as potential source for high bacteria levels in Oso Creek; permitting of traditional septic systems; soil saturation; and the surrounding subdivision's septic uses and issues. Minutes — Regular Council Meeting July 24, 2007 — Page 9 Mayor Garrett called for a brief recess to present proclamations and receive comments from the public on items not listed on the agenda. ************* Mayor Garrett called for petitions from the audience. J.E. O'Brien, 4130 Pompano, spoke regarding an internal auditor position and the removal of council members from office. Daiquiri Richard, Executive Director of Beautify Corpus Christi, spoke regarding the recent accomplishments of Beautify Corpus Christi and the upcoming Clean Air Fair. Joan Veith, 5701 Cain Drive, spoke in opposition of increasing utility rates. Jack Gordy, 4118 Bray Drive, spoke regarding the issue of illegal signs. Charles Roberts, 2142 Alazan, spoke regarding the water quality issue. Mary Ann Kelly, 4302 Schanen, asked the council to reconsider the Crosstown Commons project and consider placing a statue of Christ in Corpus Christi. Council Member Kelly asked for a legal opinion as to whether public money or public land could be used for the purpose of erecting a statue. Susan Thiem, 96 Lakeshore Drive, spoke regarding the establishment of the local spay and neuter clinic. John Torrey, 7253 Yaupon and on behalf of the Caravels de Colon Historical Foundation, requested a letter of support from the City to assist the Nina ship. Angie Ramos, 6910 Aswan Drive, thanked the Council for their consideration for funding the Instituto de Cultura Hispanica. ************* Mayor Garrett returned to Item 22 regarding the reconsideration of Zoning Case No., 0507- 11, The Lakes at King Estates, Inc. Council members asked questions regarding the use of chlorine tablets; the changes that brought forth reconsideration of this item; if the citizens in this area pay for wastewater services; if developers pay into the wastewater funds; infrastructure for future sanitary service use; the wastewater master plan; sewer lines and septic systems in Flour Bluff; if the deed restriction is part of the ordinance; the aerobic treatment units; if the city has a policy regarding other septic systems in proximity to bodies of water; the types of bacteria in Oso Creek; why the developer is requesting the minimum lot size of %/2 acre; the common space per lot; the square footage of the lots; and the average lot size in Phases 1 and 2. Dr. McCutchon made a motion to amend the conditions to change the minimum lot size from %/2 acre to 3/ acre. The motion was seconded by Mr. Hummell. A brief discussion ensued. Dr. McCutchon amended his original motion to amend Item 2 of the conditions to change the wording to a minimum average lot size of 3/ of an acre. The motion was seconded by Mr. Hummell and passed unanimously. Ronny Voss, Principal for the project, spoke regarding the concerns of contamination and the efforts made to make the property a safe environment. 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: 22. ORDINANCE NO. 027357 Amending the Zoning Ordinance, upon application by The Lakes at King Estates, Inc., by Minutes — Regular Council Meeting July 24, 2007 — Page 10 changing the zoning map in reference to 84.836 acres out of the North %/2 of Section 32, Laureles Farm Tracts, from "RE" Residential Estate District to "RE/SP" Residential Estate District with a Special Permit subject to twenty-one (21) 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, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye". ************* Mayor Garrett opened discussion on Item 24 regarding the establishment of a municipal court of record. Presiding Judge of Municipal Court Rodolfo Tamez provided a background on the Municipal Court Technology Fund to properly equip courtrooms with technologies requirements and the development of the bill for the Court of Record. Council members asked questions regarding if the Court of Record applies to other cities; the process of recording; the timeframe for preservation of recordings; when the Court of Record will be operational; acquisition of a transcript; and the funding. Abel Alonzo, 1701 Thames, thanked Judge Tamez and the municipal court staff for their work on this item and also thanked the Municipal Court Committee for the reappointment of Judge Tamez. City Secretary Chapa polled the Council for their votes as follows: 24. ORDINANCE NO. 027351 Ordinance establishing the Municipal Court in Corpus Christi, Texas as a Municipal Court of Record, providing for the term and appointment of a presiding judge and associate judges of the Municipal Court of Record; authorizing the City Manager or his designee to appoint the Municipal Court Director to serve as clerk of Municipal Court of Record; providing for a savings clause; providing for a severability clause; providing for a repealer clause; and providing for an effective date. 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 25 regarding the Oso Water Reclamation Plant Clarifier Structural Improvements. Director of Engineering Angel Escobar explained that the work for this project included replacing Bridge Nos. 5, 6, 7, and 8 and digester work and blower house work on No. 2. Council members asked questions regarding the work and cost for Additive Alternate Nos. 2 and 3; the phase of the project; future spending for the Oso Water Plant; and capital improvement projects that still need to be completed for the Oso Water Plant. City Secretary Chapa polled the Council for their votes as follows: 25. MOTION NO. 2007-196 Motion authorizing the City Manager or his designee to execute a construction contract with R. S. Black Civil Contractors, Inc., of Corpus Christi, Texas in the amount of $4,546,750 for Minutes — Regular Council Meeting July 24, 2007 — Page 11 the Oso Water Reclamation Plant Clarifier Nos. 5, 6, 7, 8/Aerobic Digester No. 2/Blower House No. 2 Improvements for the Total Base Bid and Additive Alternate No. 1. 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 announced the executive sessions, which were listed on the agenda as follows: 34o Executive session under Texas Government Code Section 551.074, Personnel Matters, for deliberations regarding the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of Municipal Court Judges with possible discussion and action related thereto in open session. 35. Executive session under Texas Government Code Section 551.071 regarding Cause No. 06-62055-3, Cox, et al vs. City of Corpus Christi, in County court at Law No. 3, Nueces County, Texas, with possible discussion and action related thereto in open session. 36. Executive session under Texas Government Code Section 551.071 regarding Cause No. 06-6434-F, John Scott Fleming vs. State of Texas and City of Corpus Christi, in the 214th District Court of Nueces County, Texas, with possible discussion and action related thereto in open session. The Council went into executive session. The Council returned from executive session and the following motions were passed with the following vote: 35. MOTION NO. 2007-200 Motion authorizing the City Manager to settle Cause No. 06-62055-3, Cox, et al, vs. City of Corpus Christi, in the County Court at Law #3, Nueces County, Texas, for the total sum of $245,000.00, subject to certification of funds. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye". 36. MOTION NO. 2007-201 Motion authorizing the City Manager to employ the law firm of Hermansen, McKibben, Woosley & Villarreal, L.L.P. to provide legal representation in Cause No. 06-6434-F; John Scott Fleming vs. State of Texas and City of Corpus Christi; In the 214th Judicial District Court, Nueces County, Texas, at an hourly rate not exceeding $200, subject to certification of funds. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye". 34. MOTION NO. 2007-202 Minutes — Regular Council Meeting July 24, 2007 — Page 12 Motion to not reappoint John Rank as Judge of the Environmental Court Division C. The foregoing motion was passed and approved with the following vote: Garrett, Elizondo, Hummell, Leal, and Marez, voting "Aye"; Cooper, Kelly, and McCutchon, voting "No"; Martinez abstained. ************* Mayor Garrett opened discussion on Item 27 regarding the appointment of Council Members as board members to the Corpus Christi Housing Finance Corporation and the Corpus Christi Industrial Development Corporation. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 27. MOTION NO. 2007-199 Motion appointing Council Members as Board Members of the Corpus Christi Housing Finance Corporation and the Corpus Christi Industrial Development Corporation. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye". ************* The Council recessed for the annual meetings of the Corpus Christi Housing Finance Corporation (CCHFC), Corpus Christi Community Improvement Corporation (CCCIC), and the Corpus Christi Industrial Development Corporation (CCIDC). ************* Mayor Garrett reconvened the regular Council meeting. Mayor Garrett opened discussion on Item 26 regarding the ad valorem tax rate. Director of Finance Cindy O'Brien explained that these items set the date to officially adopt the ad valorem tax rate for next fiscal year and set two public hearings for August 21st and August 28th as required by the State Property Tax Code. Council Members asked questions regarding the possibility of a lower rate; if the proposed rate is lower than last fiscal year; the inflation factors; the purpose of the effective tax rate; how long the City has not recognized the increase in tax values and the cost; and revenue from new growth. J.E. O'Brien, 4130 Pompano, spoke regarding reducing the tax rate and setting a time certain for the public hearings. City Secretary Chapa polled the Council for their votes as follows: 26.a. MOTION NO. 2007-197 Motion setting September 11, 2007 as the date of adoption of the ad valorem tax rate of $0.584082 per $100 valuation. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye". 26.b. MOTION NO. 2007-198 Minutes — Regular Council Meeting July 24, 2007 — Page 13 Motion setting a public hearing on the ad valorem tax rate for August 21, 2007 and a second public hearing for August 28, 2007, during the regular City Council meeting beginning at 10:00 a.m. at City Hall, 1201 Leopard Street, Corpus Christi, Texas. The foregoing motion 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 Item 31 regarding the adoption of the City of Corpus Christi Budget. City Manager Noe provided the Council with a list of recommended options for increasing funding for various organizations. Ms. Cooper made a motion to amend the budget to including the following amendments: Amendment #1 *Increase appropriations for Downtown Management District - $19,927 *Increase appropriations for Internal Auditor Department - $99,300 *Increase appropriations for Education Advisor Department - $71,100 Amendment #2 *Increase appropriations for Asian Cultures Museum - $15,000 *Increase appropriations for Art Community Center - $15,000 *Increase appropriations for Jazz Festival - $2,500 *Increase appropriations for Museum of Hispanic Culture - $20,000 *Increase appropriations for Botanical Gardens - $20,000 *Increase appropriations for Conventions Promotion - $171,370 The motion was seconded by Mr. Elizondo and passed unanimously. City Manager Noe provided information regarding a request by Council Member McCutchon for options to increase marketing for the marina. Dr. McCutchon asked if there was a recommended amount of funding for the marketing. Assistant City Manager Oscar Martinez referred to the seven options that could be absorbed within the budget plus an additional $10,000 that could be redirected for the marketing campaign. Dr. McCutchon made a motion to increase the funding for marina marketing by $20,000. The motion was seconded by Ms. Leal and passed unanimously. There was a brief discussion regarding the green area at the marina. Mr. Marez made a motion to increase funding for the Downtown Management District by $10,000. The motion was seconded by Ms. Martinez and passed unanimously. Council Member members asked questions regarding the determination of the utility rate through 2008; the possibility of reducing the utility rates; and a hardship policy for low-income utility ratepayers. Mr. Kelly made a motion to direct staff to develop an approach to address lowest income rate users. The motion was seconded by Ms. Leal and passed unanimously. Minutes — Regular Council Meeting July 24, 2007 — Page 14 Council members asked questions regarding the utility rate increase; future amendments to the budget; the MIS allocation including the call center and support technology for animal control; appropriation of funds for the Reinvestment Zone No. 2; adjusting the start date for the budget; increased funding for the Downtown Management District; a debt policy; and the revenue bonds. Bill Kopecky, 3609 Topeka, spoke regarding the need for an independent internal auditor and the City getting involved in education. J.E. O'Brien, 4130 Pompano, said he did not support the budget and spoke regarding changes to the budget being available to the public, reduction to the budget, and the capital improvement program. Mary Ann Kelly, 4302 Schanen, spoke regarding the capital improvement projects being addressed after the budget and the increase in utility rates. Abel Alonzo, 1701 Thames, spoke regarding the development of a program for the economically disadvantaged. City Secretary Chapa polled the Council for their votes as follows: 31. ORDINANCE NO. 027352 Adopting the City of Corpus Christi Budget for the ensuing Fiscal Year beginning August 1, 2007; to be filed with the County Clerk; appropriating monies as provided in the budget; and providing for severance. (First Reading 7/17/07) The foregoing ordinance was passed and approved as amended on its second reading with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, McCutchon, Marez, and Martinez, voting "Aye"; Leal voting "No". Mayor Garrett opened discussion on Item 32 regarding the Classification and Compensation Plan. Director of Human Resources Cynthia Garcia said that the requested additional information regarding the city council health insurance was included in the City Manager's report. Council Member Hummell asked the City Attorney in light of the charter if it was legal for Council to receive benefits similar to full time city employees. City Attorney Mary Kay Fischer stated that her research indicated that it was. Mr. Hummell made a motion to address the issue of City Council participation in group hospitalization separately from the items set out in Item 32. The motion was seconded by Ms. Leal. City Secretary Chapa polled the Council for their vote as follows: The motion was passed and approved with the following vote: Elizondo, Hummell, Leal, McCutchon, and Marez, voting "Aye"; Garrett, Cooper, Kelly, and Martinez, voting "No". There were no comments for the audience. City Secretary Chapa polled the Council for their votes as follows: 32.a. ORDINANCE NO. 027352 Amending the Code of Ordinances by revising Section 39-303, Standard Classifications, Pay Grades, and Ranges, regarding Fair Labor Standards Act Overtime Eligibility and Pay Plan Ranges; revising Section 39-304, Classified Service Defined to clarify pay plans exempt from classified service; revising Section 39-309, Employee Coverage under the City's Primary Group Hospitalization Program for eligible employees; revising Section 39- Minutes — Regular Council Meeting July 24, 2007 — Page 15 320, Funeral Benefit for employees who die while on duty due to on-the-job injuries to add an exception for police officers covered by collective bargaining agreement; revising Section 39-363, Nepotism to add a provision regarding immediate supervisors; repealing Section 39-364, Employee Appeal process for Classification and Compensation System; repealing all other ordinances, and rules, or parts of ordinances and rules, in conflict with this ordinance; providing for an effective date. (First Reading 7/17/07) The foregoing ordinance was passed and approved as amended on its second reading with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye". Mayor Garrett opened discussion on Item 32.b. regarding City Council participation in group hospitalization. Mayor Garrett called for comments from the audience. Bill Kopecky, 3609 Topeka, spoke regarding the City Attorney's opinion, Council receiving health insurance as part-time employees and conflict of interest. City Attorney Mary Kay Fischer stated that Local Government Code, Chapter 171 has a provision that allows the filing of an affidavit if a majority of the council members have a similar interest on a matter and added that every council member signed an affidavit and filed it with the City Secretary to participate and vote on this matter. J.E. O'Brien, 4130 Pompano, said he disagreed with the City Attorney's opinion and spoke regarding council compensation and conflict of interest. Jack Gordy, 4118 Bray, spoke in opposition to the City Attorney's opinion and the limitation of council compensation. Abel Alonzo, 1701 Thames, spoke regarding a mayor/council form of government and placing Council participation for insurance in the Charter. Joan Veith, 5701 Cain, spoke regarding the Council receiving car allowance. Council members asked questions regarding if Council members are considered part-time employees; jeopardizing the health insurance plan; if the council compensation amount was voted on by the public; the ability to change council compensation; interpretation of the Charter; types of coverage; and the City's cost for insurance. City Secretary Chapa polled the Council for their votes as follows: 32.b. ORDINANCE NO. 027358 Amending the Code of Ordinances by revising Section 39-309 "Coverage under the City's Group Health Plan for eligible employees" to add members of the City Council; repealing all other ordinances, and rules, or parts of ordinances and rules, in conflict with this ordinance; providing for effective date and providing for severance. The foregoing ordinance was passed and approved on its second reading with the following vote: Garrett, Cooper, Elizondo, Kelly, McCutchon, Marez, and Martinez, voting "Aye"; Hummell and Leal voting "No". Mayor Garrett opened discussion on Item 33 regarding the proposed fee/rate increase adjustments associated with the FY2007-2008 Budget. City Manager Noe presented this item. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 33.a. ORDINANCE NO. 027354 Minutes — Regular Council Meeting July 24, 2007 — Page 16 Amending the Code of Ordinances, City of Corpus Christi, Chapter 21, Garbage, Trash and other Refuse, regarding increases to resource recovery fees; providing for penalties; providing for an effective date; and providing for publication. (First Reading 7/17/07) The foregoing ordinance was passed and approved on its second reading with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, McCutchon, Marez, and Martinez, voting "Aye"; Leal voting "No". 33.b. ORDINANCE NO. 027355 Amending the Code of Ordinances, City of Corpus Christi, Chapter 55, Utilities, regarding Water, Gas and Wastewater Rates; providing for an effective date; and providing for publication. (First Reading 7/17/07) The foregoing ordinance was passed and approved on its second reading with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, McCutchon, Marez, and Martinez, voting "Aye"; Leal voting "No". 33.c. ORDINANCE NO. 027356 Amending Chapter 14, Development Services," Article XIII Development Service Fees, Division 1, Technical Construction Code Fees, Section 14-1313, Technical Construction Code Fee Schedules, and Division 4, Platting Ordinance Fees, Section 14-1341, Platting Ordinance Fees, and Division 6, Zoning Ordinance Fees, Section 14-1361, Zoning Ordinance Fees, and Chapter 53, Traffic, Article V, Operation of Vehicles, Division 1, Generally, Section 53-107, Oversized Vehicles of the Code of Ordinances, City of Corpus Christi, to increase or establish fees related to Zoning Verification, Mobile Home Permits, Electrical Re -out Permits, Certificates of Occupancy for Existing Buildings, Residential House Mover Permit, Oversized Vehicle Permit, Sign Permit, Vacating Plat, Utility Easement by Separate Instrument, Plat Time Extension, Zoning Change, Zoning Board of Adjustment, Deferment Agreement, Technology Fee related to Building, Electrical, Mechanical, and Plumbing Permits. (First Reading 7/17/07) The foregoing ordinance was passed and approved on its second reading with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, McCutchon, Marez, and Martinez, voting "Aye"; Leal voting "No". ************* Mayor Garrett called for the City Manager's report. City Manager Noe invited the Council to attend a recognition ceremony for the Human Relation's Department for receiving a public service commendation from the EOC on Thursday, July 26th at 10:00 a.m. in the Council Chambers with a reception to follow on the 6th floor. Mr. Noe announced a public meeting on Thursday, July 26th from 4:30 p.m. to 6:30 p.m. at the Oveal Williams Senior Center regarding the widening and improvements to Port Avenue. Mayor Garrett called for Council concerns and reports. Council Member Marez reminded the public that he will offer his salary as a donation to non-profit organizations and thanked the Caller Times for publishing in Sunday's paper. Council Member McCutchon invited the public to attend the Town Hall Meeting in District 4 regarding the Memorial Coliseum on Wednesday, July 25th at 6:00 p.m. at the Garden Senior Minutes — Regular Council Meeting July 24, 2007 — Page 17 Center. Dr. McCutchon spoke regarding water quality postings to educate the public on elevated bacteria levels; the timeframe of yellow lights in red camera zones; a policy for the no -wake zone in Packery Channel; funding for lifeguards at Magee Beach; surface treatments on Ocean Drive; and natural gas vehicles. Council Member Leal thanked all city employees for their hard work. Ms. Leal thanked the citizens of District 3 for taking interest in the Memorial Coliseum issue. Council Member Leal, on behalf of the Molina residents, thanked the graffiti cleaning crews for removing the graffiti at the Veterans Memorial. Council Member Hummel) reported on pot holes located on Oleander Avenue. Mayor Garrett thanked City Manager Noe, Assistant City Manager Martinez and staff for their work during the budget process. There being no further business to come before the Council, Mayor Garrett adjourned the Council meeting at 5:20 p.m. on July 24, 2007.