HomeMy WebLinkAboutMinutes City Council - 02/19/20081 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 February 19, 2008, which were approved by the City
Council on March 11, 2008.
WITNESSETH MY HAND AND SEAL, on this the 1 lth day of March, 2008.
Armando Chapa
City Secretary
SEAL
PRESENT
Mayor Henry Garrett
Mayor Pro Tem Bill Kelly
Council Members:
Melody Cooper*
Mike Hummel)**
Priscilla Leal
Michael McCutchon
John Marez
Nelda Martinez
ABSENT
Larry Elizondo, Sr.
*Arrived at 11:44 a.m.
**Arrived at 12:20 p.m.
MINUTES
CITY OF CORPUS CHRISTI, TEXAS
Regular Council Meeting
February 19, 2008 - 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 Father Peter Martinez with St. Cyril Methodius Catholic
Church and the Pledge of Allegiance to the United States flag was led by Council Member Nelda
Martinez.
* * * * * * * * * * * *
Mayor Garrett referred to Item 1 and the following board appointments were made:
Committee for Persons with Disabilities
Abel Alonzo (Reappointed)
Rosa M. Valdez (Reappointed)
Thomas Dreyer (Appointed)
Irene Martinez (Appointed)
Landmark Commission
David Brown (Reappointed)
Michelle Braselton (Reappointed)
Leo Rios (Appointed)
Susan Rucker (Appointed)
Reagan Sahadi (Appointed)
Randi Evans (Appointed)
Scott Harris (Appointed)
Community Youth Development (78415)
Program Steering Committee
Anna Cortez (Reappointed)
Rosa "Linda" Rincon (Reappointed)
Diana Mesa (Reappointed)
Fr. Peter Martinez (Appointed)
Janette C. Flowers (Appointed)
Linda Moyer (Appointed)
Erica Mora (Appointed)
Jim Boller, III (Appointed)
Library Board
Barbara Silverman (Reappointed)
Lucy McCracken (Reappointed)
Andrea Naismith (Reappointed)
Dr. Roel G. Carmona (Appointed)
James Martin (Appointed)
* * * * * * * * * * * *
Minutes — Regular Council Meeting
February 19, 2008 — Page 2
Mayor Garrett called for the City Manager's report. City Manager Noe announced that the
Council would take a brief recess at 1:00 p.m. for the raising of the United States Flag of Honor that
will be flown in tribute to Officer Matthew Thebeau.
* * * * * * * * * * * * *
Mayor Garrett called for consideration of the consent agenda (Items 2 - 8). Mr. John Adams
requested that Item 6 be pulled for individual consideration. Mr. Bill Kopecky requested that Item 8
be pulled for individual consideration. City Secretary Chapa polled the Council for their votes as
follows:
2.a. RESOLUTION NO. 027581
Resolution authorizing the City Manager or his designee to accept a grant from the Coastal
Bend Regional Advisory Council in the amount of $3,290.84 to be used for the purchase of
equipment, supplies, and services to support the delivery of emergency medical services for
the Corpus Christi Fire Department.
The foregoing resolution was passed and approved with the following vote: Garrett, Kelly,
Leal, McCutchon, Marez, and Martinez, voting "Aye"; Cooper, Elizondo, and Hummel) were
absent.
2.b. ORDINANCE NO. 027582
Ordinance appropriating $3,290.84 from the Coastal Bend Regional Advisory Council into
the No. 1056 Ambulance Fund to purchase equipment, supplies, and services to support the
delivery of emergency medical services from the Corpus Christi Fire Department.
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Garrett, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye";
Cooper, Elizondo, and Hummell were absent.
3. RESOLUTION NO. 027583
Resolution authorizing the City Manager or his designee to submit a Juvenile Accountability
Block Grant application to the State of Texas, Office of Govemor, Criminal Justice Division in
the amount of $10,874.14 for anti -shoplifting program for the Municipal Juvenile Court, with
a City match of $1,208.24 in the No. 1020 General Fund, and total project cost of
$12,082.38.
The foregoing resolution was passed and approved with the following vote: Garrett, Kelly,
Leal, McCutchon, Marez, and Martinez, voting "Aye"; Cooper, Elizondo, and Hummel) were
absent.
4.a. ORDINANCE NO. 027584
Ordinance authorizing the City Manager or his designee to execute a five-year lease with Pat
McDonough, Jr. beginning September 1, 2007 for crop farming on approximately 359.45
acres located at the Corpus Christi International Airport in consideration of the payment of
an annual fee of $50 per acres.
Minutes --- Regular Council Meeting
February 19, 2008 — Page 3
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Garrett, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye";
Cooper, Elizondo, and Hummel! were absent.
4.b. ORDINANCE NO. 027585
Ordinance authorizing the City Manager or his designee to execute a five-year lease with
James P. Kelly beginning September 1, 2007 for crop farming on approximately 533.287
acres located at the Corpus Christi International Airport in consideration of the payment of
an annual fee of $50 per acres.
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Garrett, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye";
Cooper, Elizondo, and Hummel! were absent.
4.c. ORDINANCE NO. 027586
Ordinance authorizing the City Manager or his designee to execute a five-year lease with
Tommy M. Bemsen and Dolores H. Bemsen beginning September 1, 2007 for crop farming
on approximately 336.78 acres located at the Corpus Christi International Airport in
consideration of the payment of an annual fee of $50 per acres.
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Garrett, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye";
Cooper, Elizondo, and Hummel! were absent.
4.d. ORDINANCE NO. 027587
Ordinance authorizing the City Manager or his designee to execute a five-year lease with
James Charles Bernsen beginning January 1, 2008 for crop farming on approximately
244.12 acres located at the Corpus Christi International Airport in consideration of the
payment of an annual fee of $80 per acres.
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Garrett, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye";
Cooper, Elizondo, and Hummell were absent.
5. MOTION NO. 2008-039
Motion authorizing the City Manager or his designee to execute a contract with HDR
Engineering, Inc. in the amount of $88,500 for consulting services associated with Pre -
Planning of Emergency Recovery Operations.
The foregoing motion was passed and approved with the following vote: Garrett, Kelly, Leal,
McCutchon, Marez, and Martinez, voting "Aye"; Cooper, Elizondo, and Hummell were
absent.
7. ORDINANCE NO. 027588
Enacting new Article IV of Chapter 13, Code of Ordinances, entitled "Vacant Downtown
Buildings;" establishing property maintenance, security, and monitoring provisions required
for vacant downtown properties; establishing downtown vacant building registration and
Minutes — Regular Council Meeting
February 19, 2008 — Page 4
inspection requirements; establishing fees; establishing enforcement provisions; providing
an effective date; providing for penalties; and providing for publication. (First Reading
02/12/08)
The foregoing ordinance was passed and approved on its second reading with the following
vote: Garrett, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye"; Cooper, Elizondo,
and Hummell were absent.
Mayor Garrett opened discussion on item 6 regarding a Development Agreement with The
Preserve at Mustang Island, LLC. Mr. John Adams, 307 Katherine Drive, spoke regarding the sand
dunes and the temporary use of city water connections. John Kelley, 3621 Austin, spoke regarding
the dune protection laws and the amenity improvements. Carolyn Moon, 4902 Calvin, spoke
regarding placing mulch over the sand.
Council Members asked questions regarding a water meter for the development; the security
cost; neighborhood or stakeholder meetings; the amount of frontage at Tortuga Dunes; the
mitigation process; location of 25 foot dunes within the 350 foot line; the newly planted dune
vegetation; the bond with Nueces County; the use of brackish water to water the vegetation; how
this development fits into the smart growth concept; the consideration of a traffic impact analysis;
improvements to Zahn Road; the purpose of the development agreement; whether the decision of
the Council impacts the mitigation of the dunes; and whether improvements to Zahn Road are
eligible for funding from the Water Resources Development Act (WRDA). Deputy Director of
Development Services Johnny Perales and Craig Thompson with Naismith Engineering responded
to the questions. City Secretary Chapa polled the Council for their votes as follows:
6. MOTION NO. 2008-040
Motion authorizing the City Manager to execute a Development Agreement with The
Preserve at Mustang Island, LLC (Developer), to establish development requirements for a
mixed use residential project located north of Zahn Road, adjacent to the Gulf of Mexico on
Mustang Island.
The foregoing motion was passed and approved with the following vote: Garrett, Kelly, Leal,
McCutchon, Marez, and Martinez, voting "Aye"; Cooper, Elizondo, and Hummell were
absent.
Mayor Garret opened discussion on Item 8 regarding abandoning and vacating a portion of
the Whataburger Way public right-of-way. Bill Kopecky, 3609 Topeka, spoke regarding the frontage
at the apartments on Gollihar Road. Lee E. Flemmings, 4602 Mildred Drive, spoke regarding the
flooding for the area and provided a petition on the street closure. A brief discussion ensued
regarding storm water drainage for the neighborhood. Doris Yaklin, 4605 Mildred, provided
additional signatures to the petition and spoke regarding traffic and drainage problems. Abel Alonzo,
1701 Thames, thanked the Council for addressing the needs of the residents and spoke in support
of the project.
Council Member Marez stated that the City will make improvements to address the drainage
issues. Council Member McCutchon asked whether it was feasible to extend the right turn lane
southbound on Staples Street. James Turcotte, representative for Whataburger Restaurants L.P.,
said the traffic impact study did not require the extension of the turning lane, however, Whataburger
is willing to analyze the potential impacts. Interim Assistant City Manager Angel Escobar stated that
a dedicated right turn lane would improve traffic conditions. Mr. Escobar added that the traffic
analysis showed there was not enough traffic to justify the lane.
Minutes — Regular Council Meeting
February 19, 2008 — Page 5
City Secretary Chapa polled the Council for their votes as follows:
8. ORDINANCE NO. 027589
Abandoning and vacating a 24,638.46 -square foot portion of the Whataburger Way public
street right-of-way, located between the Gollihar Road and Mildred Drive street rights-of-way;
subject to compliance with the specified conditions. (First Reading 02/12/08)
The foregoing ordinance was passed and approved on its second reading with the following
vote: Garrett, Cooper, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye"; Elizondo,
and Hummell were absent.
Mayor Garrett called for a brief recess to present proclamations and listen to public
comment.
* * * * * * * * * * * * *
Mayor Garrett called for petitions from the audience. J.E. O'Brien, 4130 Pompano, spoke
regarding the publication deadlines for the City's Annual Financial Report (CAFR). Rick Price, 925
Carmel Parkway, recommended that the Memorial Coliseum be used as a police/fire training facility.
Tony Hartwell, 657 Don Patricio, spoke regarding the City's response to his issues raised about the
Animal Care Services Department.
* * * * * * * * * * * * *
Mayor Garrett announced the executive session, which was listed on the agenda as follows:
12. Executive session under Texas Government Code Section 551.071 regarding fire collective
bargaining negotiations, with possible discussion and action related thereto in open session.
The Council went into executive session. The Council retumed from executive session.
*************
Mayor Garrett referred to Item 9, and a motion was made, seconded and passed to open the
public hearing on the following zoning case:
Case No. 0108-02, Ronald A. Voss: A change of zoning from a "F -R" Farm -Rural District to
an "1-2" Light Industrial District resulting in a change of land use designation from agricultural
to light industrial on 14.899 acres (Tract 1) and 2.000 acres (Tract 2) both out of Bohemian
Colony Lands, Lot 7, Section 14, located on Greenwood Drive approximately 1275 feet
south of Saratoga Boulevard.
City Secretary Chapa stated that the Planning Commission and staff recommended approval
of the "1-2" Light Industrial District on Tracts 1 and 2.
No one appeared in opposition to the zoning change. Mr. Marez made a motion to close the
public hearing, seconded by Ms. Cooper, and passed. Mr. Chapa polled the Council fortheirvotes
as follows:
Minutes — Regular Council Meeting
February 19, 2008 — Page 6
9. ORDINANCE NO. 027590
Amending the Zoning Ordinance, upon application by Ronald A. Voss, by changing the
zoning map in reference to 14.899 acres (Tract 1) and 2.000 acres (Tract 2) out of Lot 7,
Section 14, Bohemian Colony Lands, from "F -R" Farm -Rural 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, Hummell, Kelly, McCutchon, Marez, and Martinez, voting
"Aye"; Elizondo and Leal were absent.
Mayor Garrett referred to Item 10, and a motion was made, seconded and passed to open
the public hearing on the following zoning case:
Case No. 1207-01, Scott Electric Co., Inc.: A change of zoning from a "R -1B" One -Family
Dwelling District to an "1-2" Light Industrial District resulting in a change of land use from
residential to light industrial on property described as Shoreline Park Addition, Lots 9 through
11, Block 8, located on Dempsey Street, approximately 100 feet west of North Port Avenue.
City Secretary Chapa stated that the Planning Commission and staff recommended denial of
an "1-2" Light Industrial District, and in lieu thereof, a Special Permit to allow for the construction and
operation of an outdoor vehicle storage yard subject to a site plan and six (6) conditions.
Council Member Kelly asked questions regarding the negotiations with the Hillcrest
Neighborhood Association. Interim Assistant Director of Development Services Faryce Goode -
Macon said Scott Electric met with representatives of the Hillcrest Neighborhood Interest Group and
staff. Ms. Goode -Macon stated that the result of the meetings included a compromise of the six (6)
conditions and the Special Permit.
No one appeared in opposition to the zoning change. Mr. Marez made a motion to close the
public hearing, seconded by Ms. Cooper, and passed. Mr. Chapa polled the Council for their votes
as follows:
10. ORDINANCE NO. 027591
Amending the Zoning Ordinance, upon application by Scott Electric Co., Inc., by changing
the zoning map in reference to Shoreline Park Addition, Lots 9 through 11, Block 8, from "R-
IB" One -Family Dwelling District to "R-1 B/SP" One -Family Dwelling District with a Special
Permit to allow for construction and operation of an outdoor vehicle storage yard, subject to
a Site Plan and six (6) 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, Cooper, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez,
voting "Aye"; Elizondo was absent.
* * * * * * * * * * * * *
Minutes — Regular Council Meeting
February 19, 2008 — Page 7
Mayor Garrett referred to Item 11 regarding the Health Plan Overview and RFP Process and
Progress. Director of Human Resources Cynthia Garcia stated that the City's contract with Humana
for health care benefits expires in July 2008. Ms. Garcia explained that the City hired the consulting
firm, Hay Group, to assist with the Health Plan process. Richard Easley, Senior Consultant for the
Hay Group, referred to a powerpoint presentation including a background of the company; the City's
health benefits spending overview; key areas driving health care costs; changes in health care over
the last 10 years; power of integration; and the request for proposal (RFP) process.
Council members asked questions regarding the number of groups that did not applyforthe
RFP because of the timeline; the last time the City went through the RFP process; the timeline of the
previous RFP; the period for open enrollment; whether all of the vendors received the same
information; the gathering of data collection; the number of employees and retirees over the age of
55; whether the City has had discussions with the American Association of Retired Persons (AARP)
for the option of providing insurance for people over the age of 55; and the reason that a goal plan
for retirees starts at age 65.
Mayor Garrett called for a brief recess for the Council to attend the flag ceremony honoring
Officer Matthew Thebeau.
* * * * * * * * * * * * *
Mayor Garrett returned to Item 11 regarding the Health Plan Overview and RFP Process and
Progress. Mr. Easley retumed to the powerpoint presentation including the RFP process; the City's
health care strategy; scope of services; the evaluation criteria; and the current status of the process.
Council members asked questions regarding the reasons the current RFP process was
conducted earlier; the number of vendors that did not submit proposals; whether the RFP process is
still ongoing; the reason open enrollment was changed from January to June; the mail-orderfacility;
the benefits of mail-order prescriptions; claims pending and not processed for payment due to the
change in software by Humana based on the October 31, 2007 quarterly report; if the claims were
current as of December 2007; how the unprocessed payments affected employees or their
dependents; the claims for October, November, December2007; if the data from the second quarter
is important to provide for the RPF process; the number of years of information provided for the RFP
process; whether loss of claims data impacts the RFP process; stop loss activity for 2007-2008;
dependent enrollment; whether there is an employee committee to evaluate the RFP process; the
integrated approach; the administrative and stop loss costs per employee; the number of City
employees; whether Humana has employee clinics; and preventative health.
* * * * * * * * * * * * *
Mayor Garrett called for Council concerns and reports. Council Member Leal announced a
neighborhood meeting for District 3 at West Oso Elementary School. Ms. Leal also spoke regarding
her trip to Chicago to attend her grandson's graduation from naval training.
There being no further business to come before the Council, Mayor Garrett adjourned the
Council meeting at 2:15 p.m. on February 19, 2008.
* * * * * * * * * * * * *