HomeMy WebLinkAboutMinutes City Council - 06/17/2008I 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 June 17, 2008, which were approved by the City
Council on July 8, 2008.
WITNESSETH MY HAND AND SEAL, on this the 8th day of July, 2008.
Armando Chapa
City Secretary
SEAL
PRESENT
Mayor Henry Garrett
Mayor Pro Tem John Marez*
Council Members:
Melody Cooper
Larry Elizondo, Sr.
Mike Hummel!
Bill Kelly
Priscilla Leal
Michael McCutchon
Nelda Martinez
*Arrived at 10:09 a.m.
MINUTES
CITY OF CORPUS CHRISTI, TEXAS
Regular Council Meeting
June 17, 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 Pastor Buddy Murphrey and the Pledge of Allegiance to the
United States flag was led by Council Member Priscilla Leal.
City Secretary Chapa called the roll and verified that the necessary quorum of the Council
and the required charter officers were present to conduct the meeting.
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Mayor Garrett referred to Item 1 and the following board appointments were made:
Community Youth Development (78415)
Program Steering Committee
Mary Ann Rojas
Food Service Advisory Committee
Dr. Nina Sisley (Reappointed)
Cheri Sperling (Reappointed)
Park and Recreation Advisory Committee
Lisa Ann Torres (Appointed)
Ron Woods (Appointed)
Water Resources Advisory Committee
Frank C. Brogan (Reappointed)
Mary K. Fant (Reappointed)
Leland R. Johnson (Reappointed)
Ruth Blake (Reappointed)
Tonya Hayden (Appointed)
C.C. Regional Transportation Authority
Judy Telge (Reappointed)
John F. Longoria (Reappointed)
John Valls (Reappointed)
Vangie Chapa (Appointed)
Mary Saenz (Appointed)
Landmark Commission
Sister Anne Brigid Schlegel (Appointed)
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Minutes — Regular Council Meeting
June 17, 2008 — Page 2
Mayor Garrett referred to Item 2 regarding the completion of the overview of the proposed
FY2008-2009 budgets for the General Fund. Assistant City Manager Oscar Martinez referred to a
powerpoint presentation including the expenditures by function for the Engineering, Streets, and
Solid Waste Departments; Solid Waste Services fee increases; three (3) options to deliver and offer
Solid Waste Services; the consideration of the Solid Waste Department as a Special Revenue
Fund; the pro's and con's of the Solid Waste Department as an Enterprise Fund; and the
consideration of the Solid Waste Department as an Enterprise Fund.
Council members asked questions regarding the net increase in full time equivalents; the
number of positions vacant or froze; the elimination of the Director of Streets & Solid Waste;
whether the Public Information Office was ever a separate department; whether personnel costs
included the minimum wage increase; street striping; the current timeframe for resurfacing Ocean
Drive; the contractor for Ocean Drive and any performance guarantees; whether the contractor has
provided a dollar figure for extending the overlaying work on Ocean Drive; the overlay cost for
Buford to Elizabeth Street; whether the proposed 41 eliminated positions in Solid Waste are current
staff or temporary employees; whether there are 41 positions in other departments for placement of
the eliminated Solid Waste positions; how Solid Waste will handle once a week garbage on
holidays; whether the Solid Waste budget takes into consideration personnel overtime for working
on holidays; whether there will be a rate increase for Solid Waste if Option 1 is considered; issuing
larger recycling bins; the total number of eliminated positions in the budget; the percentage of the
routes collected by the automated system versus manual pickup; the size of the carts; the cost of
carts to the City; whether twice a week garbage pickup on one side of the street has been
considered; the pilot program in Flour Bluff for once a week pickup; whether there will be additional
trips to the landfill with once a week pickup because of load capacity; whether Solid Waste is
currently filling trucks completely before going to the landfill; the fuel savings from 2009-2011 for
Solid Waste; whether staff has done a study of the effect that trucks have on streets; the cost
savings for Option 2; additional costs for out of town processing; calculations for extending the life of
the landfill because of increased recycling; the major factors for increasing budget costs; the
difference between six days of services versus five days of service for Solid Waste; the reason that
Option 3 pushes more recycling; and the time frame for brush pickup.
Dr. McCutchon requested that staff provide a proposal for quarterly brush pickup and the
associated savings. Mayor Garrett directed staff to provide information regarding the City of Plano's
recycling initiatives program with the school district.
Mayor Garrett called for a brief recess to present proclamations and listen to public
comment.
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Mayor Garrett called for petitions from the audience. Heidi Hovda, member of the Arts and
Cultural Commission, requested that the Council consider maintaining the current funding for the
Arts and Cultural Commission. Carlos Torres, Corpus Christi Firefighters Association, asked the
Council to meet with the City Manager and give direction to settle the contract with the Firefighters
Association. Mr. Torres also spoke regarding the increase in insurance premiums. A brief
discussion ensued regarding the contract negotiations and insurance. Council Member Kelly
requested a comparison of the firefighters insurance plan to the other employee plans. Mike Staff,
Corpus Christi Police Officers Association, expressed concern regarding the increase in health care
premiums for the police officers. Kim Slusarz, 153 Martha Drive, spoke regarding the importance of
Cole Park and the attendant positions at the Skate Park. Ms. Slusarz asked the Council not to
consider running the Skate Park without attendants. Patty Nuss, 225 Bayridge, thanked the Council
for their support of the Art Center and requested that the Council consider increasing the Art Center
budget by 10% for a total amount of $33,000. J.E. O'Brien, 4130 Pompano, spoke regarding
Minutes -- Regular Council Meeting
June 17, 2008 — Page 3
increased rates in the proposed budget; garbage pickup; and the fund balance for the general fund.
Rolando Garza asked the Council to consider delaying the action on Item 8 regarding public access.
Joan Veith, 5701 Cain Drive, spoke in support of increasing the firefighter's salaries. Jesse Noyola,
4421 Bluefield, asked the Council to provide the firefighters with a pay raise.
* * * * * * * * * * * * *
Mayor Garrett announced the executive sessions, which were listed on the agenda as
follows:
16. Executive Session under Texas Government Code Section 551.071 regarding Cause No.
07-478, Anna Robledo et al vs. City of Corpus Christi et al; with possible discussion and
action in open session.
17. 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 returned from executive session and
the following motion was passed with the following vote:
16. MOTION NO. 2008-151
Motion authorizing the City Manager to employ the law firm of Hermansen, McKibben,
Woosley & Villarreal, L.L.P. to provide legal representation to the City of Corpus Christi, and
the law firm of Canales & Simonson to provide legal representation to the City employee
defendants, in Case No. 07-478, Anna Robledo et al vs. City of Corpus Christi et al, 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, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye"; Hummell was absent.
*************
Mayor Garrett returned to Item 2 regarding the completion of the overview of the proposed
FY2008-2009 budgets for the General Fund. Assistant City Manager Oscar Martinez completed the
budget presentation with the pro's and con's of Solid Waste Services as an Enterprise Fund.
Dr. McCutchon made a motion to direct staff to bring backa recommendation for maintaining
the current number of code enforcement officers and to find funding for two additional officers. The
motion was seconded by Mr. Marez and passed.
Council members asked questions regarding the decrease in telecommunication and electric
franchise fees; the decrease in administrative support and grant indirect cost recovery; the decrease
in investments; the person that handles the City's investments; the increase in emergency call
revenues; whether the City has in-house collections for emergency fees; the company that handles
the collection of emergency fees; the projected increase in property taxes and other taxes; the
customer convenience fee; the Director of Intergovernmental Relations position; how the Director of
Intergovernmental Relations was reflected in the budget; the responsibilities of the Chief of Staff; the
incumbent of the Chief of Staff position; the fire department expenditures; and whether insurance
costs are included in the Fire Department budget.
Mr. Kelly made a motion directing staff to provide recommendations on how to restore the
Sister City Budget by $18,000. The motion was seconded by Ms. Cooper and passed.
Minutes — Regular Council Meeting
June 17, 2008 — Page 4
Mayor Garrett referred to Item 3 regarding the Bond Issue 2008 Project Recommendations.
City Manager Noe referred to a powerpoint presentation including a background; the Bond 2008
process; financial parameters; project priorities; initial projects proposal; overview of the Bond
propositions; breakdown of streets; list of recommended street reconstruction/expansion; Texas
Department of Transportation (TXDOT) matches; paving assessments; list of overlay projects;
downtown streets; public health and safety projects; public facilities projects; park and recreation
projects; the Bayfront Master Plan; other projects being considered; and the process going forward.
Council members asked questions regarding whether the repairs to Bear Lane are only for
street repairs or street and infrastructure; the use of utility funds for additional funding; the
incorporation of short term notes; the feasibility for paying long term costs for utilities; the justification
for including Phase 3 of the Bayfront Plan when Phase 1 has not began; the status of the Bayfront
Plan — Phase 1; when construction will begin on Bayfront Plan — Phase 1; whether repairs were
done in the Mansheim/Sunnybrook area; whether Aquarius Street is connecting two developed area;
whether Aquarius Street is the type of road that the City would request a developer to put in; whether
the money that is proposed for Aquarius Street is for cost sharing with the developer or the City
doing the full construction; public safety responses for the development around Aquarius Street; the
expansion of Williams Street from Staples to Airline; whether there is a need for development on
Gollihar off Staples Street; other streets and projects that didn't make the list; the cost summary for
Aquarius Street; plans for the bridge going to Laguna Shores; TXDOT matches for the bridge;
Ocean Drive as a TXDOT project; whether utility lines will be included with the downtown street
work; underground infrastructure for downtown street; whether the air conditioning system is
included in the renovations for the Health Department; whether the City can ask the County for
assistance with the Health Department building; the usage at the Greenwood Softball field; whether
activities at the Greenwood Complex could generate revenue; whether the other projects being
considered would take funding from other projects or increase the Bond package; improvements at
Bill Witt Park; market demands and an impact analysis for the North Beach plan; drainage projects;
how the City will address Palmira Street; a list showing how the projects were prioritized; options for
widening Hato Road from Bear Lane to past Bates Street; and Robert Street between Ocean Drive
and Gains Street.
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Mayor Garrett opened discussion on Item 11 regarding the approval of the FY2008-2209
budget for the Crime Control and Prevention District. Police Administration Manager Pat Eldridge
explained that this item is for the approval of the Crime Control Budget as it was presented at the
public hearing on Tuesday, June 10th.
There were no comments from the audience. City Secretary Chapa polled the Council for
their votes as follows:
11. RESOLUTION NO. 027725
Resolution approving the FY 2008-2009 Budget for the Corpus Christi Crime Control and
Prevention District.
The foregoing resolution was passed and approved with the following vote: Garrett, Cooper,
Elizondo, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye"; Hummell was absent.
Minutes — Regular Council Meeting
June 17, 2008 — Page 5
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Mayor Garrett called for consideration of the consent agenda (Items 4 - 8). City Secretary
Chapa announced that Council Member Leal would abstain from the discussion and vote on Item 5.
There were no comments from the public. Council members requested that Items 5, 6, and 8 be
pulled for individual consideration. City Secretary Chapa polled the Council for their votes as
follows:
4.a. ORDINANCE NO. 027721
Ordinance authorizing the City Manager or his designee to execute a lease agreement with
Bayfest, Inc. for Bayfest 2008 and related activities to allow use of the Memorial Coliseum
parking lots and McCaughan Park from September 16 — October 1, 2008; provide for
Bayfest Inc. paying 50% of police costs and 100% of all other city costs.
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Garrett, Cooper, Elizondo, Kelly, Leal, McCutchon, Marez, and Martinez,
voting "Aye"; Hummell was absent.
4.b. MOTION NO. 2008-148
Motion approving an admission fee for Bayfest 2008 of $7.00 per day for adults and $3.00
per day for military, seniors, children between the ages of seven to twelve, and persons with
mobility -assistance devices. Children ages six and under are admitted free.
The foregoing motion was passed and approved with the following vote: Garrett, Cooper,
Elizondo, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye"; Hummell was absent.
7 ORDINANCE NO. 027723
Ordinance amending the Code of Ordinances, Chapter 57, Vehicles for Hire, Section 57-
105, Neat and Clean Appearance of Drivers, to allow drivers to wear shorts during the month
of September and to amend the sliding scale for rates of fare based on fuel price found in
Section 57-135.
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Garrett, Cooper, Elizondo, Kelly, Leal, McCutchon, Marez, and Martinez,
voting "Aye"; Hummell was absent.
Mayor Garrett opened discussion on Item 5 regarding the resale of twenty-seven properties.
Council Member Kelly asked whether this item was for the acquisition of lots for infill development.
Director of Financial Services Cindy O'Brien stated that two of the properties are being purchased by
the Nueces County Community Action Agency and 11 are in discussions with Neighborhood
Services to place affordable housing on these properties. In response to Mr. Kelly, Ms. O'Brien said
that 11 of the properties are being purchased by a private developer. City Secretary Chapa polled
the Council for their votes as follow:
5. ORDINANCE NO. 027722
Ordinance authorizing the resale of twenty-seven (27) properties for $86,200 which were
foreclosed upon for failure to pay ad valorem taxes, of which the City shall receive
$9,499.81, plus $13,029.90 for partial payment of City paving and demolition liens.
Minutes — Regular Council Meeting
June 17, 2008 — Page 6
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Garrett, Cooper, Elizondo, Kelly, McCutchon, Marez, and Martinez, voting
"Aye"; Leal abstained; Hummel) was absent.
Mayor Garrett opened discussion on Item 6 regarding the Laguna Madre Service Area
Collection System Rehabilitation, Phase 2 --Caribbean Drive/Waldron Road Improvements. Council
Member Martinez acknowledged the efforts of staff for handling the minor bid irregularity on this
project. City Secretary Chapa polled the Council for their votes as follows:
6. MOTION NO. 2008-149
Motion authorizing the City Manager or his designee to execute a construction contract with
H & G Contractors, Inc. of Corpus Christi, Texas in the amount of $953,748.40 for the
Laguna Madre Service Area Collection System Rehabilitation, Phase 2 — Caribbean
DrivelWaldron Road Improvements.
The foregoing motion was passed and approved with the following vote: Garrett, Cooper,
Elizondo, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye"; Hummell was absent.
Mayor Garrett opened discussion on Item 8 regarding an amendment to the Rules and
Procedures for Public Access. In response to Council Member Marez, Interim Director of E -
Government Services Annie Leal explained that Time Warner is requesting a change in the delivery
of tapes and did not indicate a reason for the change. Ms. Leal added that the Cable Commission
received the request from Time Warner and voted unanimously. Mr. Marez asked questions
regarding whether Grande Communications airs the same material on public access as Time
Warner and how that process works. Assistant City Attorney Lisa Aguilar explained that Grande
Communications has an agreement with Time Warner to link and receive the signal for public
access. City Secretary Chapa polled the Council for their votes as follows
8. FIRST READING ORDINANCE
Amending the Code of Ordinances, City of Corpus Christi, Chapter 55 regarding rules and
procedures for public access cablecasting; providing for publication; and providing for an
effective date of July 1, 2008.
The foregoing ordinance was passed and approved on its first reading with the following
vote: Garrett, Cooper, Elizondo, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye";
Hummell was absent.
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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. 0408-08, Goldie Teltschick: A change of zoning from an "1-2" Light Industrial
District to an "1-3" Heavy Industrial District on property described as being a 32.5 foot by 28
foot tract of land out of Lot 6, in Block 1, Brown -Lex Tract Subdivision, located along South
Padre Island Drive, approximately 700 feet northwest from the intersection of Old
Brownsville Road and South Padre Island Drive.
City Secretary'Chapa stated that the Planning Commission and staff recommended denial of
an "1-3" Heavy Industrial District, and in lieu thereof, approval of an "1-2" Light Industrial District with a
Special Permit for the installation and operation of one (1) 2,000 gallon above ground fuel storage
Minutes — Regular Council Meeting
June 17, 2008 — Page 7
tank for the on-site fueling of company vehicles and rental equipment subject to a site plan, and final
approval of the Fire Marshal and Zoning Board of Adjustment.
No one appeared in opposition to the zoning change. Mr. Elizondo made a motion to close
the public hearing, seconded by Ms. Cooper, and passed. Mr. Chapa polled the Council for their
votes as follows:
9. ORDINANCE NO. 027724
Amending the Zoning Ordinance, upon application by Goldie Teltschick, as agent of Michael
R. Silberstein, Trustee, by changing the Zoning Map in reference to a 32.5 foot by 28 foot
tract of land out of Brown -Lex Tract Subdivision, Block 1, Lot 6, from "1-2" Light Industrial
District to "1-2/SP" Light Industrial District with a Special Permit to allow for location and
operation of a 2,000 gallon above ground divided unleaded gasoline and diesel fuel storage
tank for the on-site refueling of company vehicles and rental equipment, subject to a site
plan and subject to final approval by the Corpus Christi Fire Marshal and the Zoning Board
of Adjustment; amending the Comprehensive Plan to account for any deviations from the
existing Comprehensive Plan; providing a repealer clause; providing a penalty; and providing
for publication.
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Garrett, Cooper, Elizondo, Kelly, Leal, McCutchon, and Marez, voting
"Aye"; Hummell and Martinez 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. 0508-02, Michael L. Rittgers: A change of zoning from a "R-2" Multiple Dwelling
District (14.52 units per acre) to an "A-2" Apartment House District (36.30 units per acre) on
property described as Fitchue Place, Block 1103, Lots 49 through 58, located on the
northeast side of 14th Street and approximately 150 feet north of Ayers Street.
City Secretary Chapa stated that the Planning Commission and staff recommended approval
of an "A-2" Apartment House District.
Assistant Director of Development Service Faryce Goode -Macon referred to a powerpoint
presentation including an area location map; neighborhood location map; the subject case area; the
existing land use map; 2007 aerial photo; another perspective aerial photo; "R-2" Multiple Dwelling
District requirements; "A-2" Apartment House District allowances; view of subject property; future
land use map; ownership notification and map; and staff and planning commission's
recommendation.
Rix Musslewhite, representative of the neighborhood, spoke in opposition to the zoning case
and raised several concerns including changing the zoning to high density and the loss of property
value. Mr. Musslewhite added that originally there was no site plan for the property. Mr. Musslewhite
also provided pictures delineating the applicant's lack of management at his other properties.
Mike Rittgers, 2829 Quebec, presented a site plan and explained that the planned
development of the property included the new construction of a two-story apartment complex with
one and two bedrooms. Mr. Rittgers added that the neighborhood is in need of additional housing.
Minutes — Regular Council Meeting
June 17, 2008 — Page 8
Council members asked questions regarding whether "A-2" zoning allowed for three story
structures; whether the existing zoning allowed for three story structures; whether only property
owners can object to the zoning change; the applicant's plan to work with the neighborhood;
whether the applicant can change the use of the property once the zoning is approved by Council;
whether staff investigates the applicant's other properties; the number of properties the applicant
owns; how long the applicant has owned the other properties; the location of the applicants other
properties; the false information the applicant said was provided to the neighborhood; and whether a
site restriction could be placed on the development.
Mr. Kelly asked Mr. Musslewhite if he could organize a neighborhood meeting to allow Mr.
Rittgers to explain the use of the properly to the neighborhood. Mr. Musslewhite responded in the
affirmative. Mr. Kelly made a motion to table Case No. 0508-02 until the July 8th meeting. The motion
was seconded by Ms. Cooper and passed.
Mr. Hummell made a motion to close the public hearing, seconded by Mr. Kelly, and passed.
Mr. Chapa polled the Council for their votes as follows:
10. TABLED TO JULY 8, 2008
.. _
Zoning Map in rcfcrense to Fitchue Place, Block 1103, Lots 49 through 58, from "R 2"
.._. - ■
Plan to account for ahy deviations fFern the existing Comprehensive Plan; providing -a
* * * * * * * * * * * * *
Mayor Garrett opened discussion on Item 12 regarding the process to select a new City
Manager. Director of Human Resources Cynthia Garcia provided a brief presentation on a typical
executive search including the development of a project plan; development of a profile; recruiting;
evaluation of the candidates; and negotiation of a package. Ms. Garcia recommended hiring a
search firm to assist with the process.
Council members asked questions regarding whether Water-Oldani submitted a proposal; if
the City has used Ralph Anderson and Associates or the Waters-Oldani for previous executive
searches; a suggested number of finalists; whether it is unreasonable to have a candidate by the
middle of August; whether the search firm or Human Resources conducts the screening of
applicants for the interview phase; whether discussion by the Council would have to be done in
executive session; public disclosure of information; a rating system or matrix; whether there is new
legislation that allows the City Council to keep resumes confidential during a hiring process;
consideration of other search firms; whether staff is familiar with other communities around the state
that have recently done a city manager search; the firm used by the City of Austin; whether the City
of San Antonio has recently done a city manager search; whether the profile developed by Human
Resources can be provided to an outside firm to speed up the process; the salary range; the amount
of time to receive formal proposals; and the process for receiving informal bids and the timeframe.
Mayor Garrett directed staff to include the current City Manager's salary on the City Manager
profile and state that the salary would be negotiable at the time of hiring.
Mr. Marez made a motion to authorize the Mayor to evaluate proposals, selecta consultant
firm, and enter into a contract to select the new City Manager in an amount not to exceed $35,000.
The motion was seconded by Ms. Cooper.
Minutes — Regular Council Meeting
June 17, 2008 — Page 9
There were no comments from the audience. City Secretary Chapa polled the Council for
their votes as follows:
12. MOTION NO. 2008-150
Motion authorizing the Mayor to evaluate proposals, select a consultant firm, and enter
into a contract to select the new City Manager in an amount not to exceed $35,000.
The foregoing motion was passed and approved with the following vote: Garrett, Cooper,
Elizondo, Hummel!, Kelly, Marez, and Martinez, voting "Aye"; Leal and McCutchon voting
"No"
* * * * * * * * * * * * *
Mayor Garrett referred to Item 14 regarding an update on the Northside Redevelopment
Plan. Jim Hill, Civic Design Associates, referred to a powerpoint presentation including the
assignment; the process; the project area; prior planning efforts; the current zoning map; project
area photos of the Hillcrest neighborhood, the industrial encroachment, and Washington Coles;
project area conditions; ownership status; demographic profile; major projects impacting the area;
FEMA flood insurance rate map; the acceptable separation distance; property owner survey; key
observations; stakeholder interviews; and constraints and opportunities.
Council Members asked questions regarding the percentage of renters in the area; whether
the Hillcrest area is large enough to be a viable neighborhood; whether businesses could survive in
the area if housing improved; raising the demographics; the process for Phase II; whether
developers will be contacted in Phase II; whether Hillcrest and Washington Coles will have two
different plans; and the location of the Broadway Wastewater Treatment Plan.
* * * * * * * * * * * * *
There being no further business to come before the Council, Mayor Garrett adjourned the
Council meeting at 5:58 p.m. on June 17, 2008.
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