HomeMy WebLinkAboutMinutes City Council - 07/08/2008I 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 July 8, 2008, which were approved by the City
Council on July 22, 2008.
WITNESSETH MY HAND AND SEAL, on this the 22nd 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.
Bill Kelly
Priscilla Leal
Michael McCutchon
Nelda Martinez
ABSENT
Mike Hummell
MINUTES
CITY OF CORPUS CHRISTI, TEXAS
Regular Council Meeting
July 8, 2008 - 10:00 a.m.
City Staff:
City Manager George K. Noe
City Attorney Mary Kay Fischer
City Secretary Armando Chapa
*Arrived at 10:31 a.m.
Mayor Garrett called the meeting to order in the Council Chambers of City Hall.
The invocation was delivered by Pastor Tracy Watson with Padre Island Baptist Church and
the Pledge of Allegiance to the United States flag was led by Council Member Larry Elizondo.
City Secretary Chapa called the roll and verified that the necessary quorum of the Council
and the required charter officers were present to conduct the meeting.
Mayor Garrett called for approval of the minutes of the regular Council meeting of June 17,
2008 and June 24, 2008. A motion was made and passed to approve the minutes as presented.
* * * * * * * * * * * *
Mayor Garrett referred to Item 2 and the following board appointments were made:
Clean Cities Advisory Committee
Paul Anthony Castorena (Appointed)
Brian Cornelius (Appointed)
Daiquiri Richard (Appointed)
Paige Dinn (Appointed)
John Elford (Appointed)
Patricia Garcia (Appointed)
Mikell Smith (Appointed)
Joan Veith (Appointed)
Planning Commission
Johnny R. Martinez (Reappointed)
James Skrobarczyk, Sr. (Reappointed)
Mark Adame (Appointed)
C.C. Business and Job Development Corporation
Foster Edwards (Reappointed)
Eloy H. Salazar (Reappointed)
Robert Tamez (Appointed)
Crosstown Commons Development Corp.
Nelda Martinez (Reappointed)
John Marez (Reappointed)
Melody Cooper, Reappointed)
Larry Elizondo, Sr. (Reappointed)
Henry Garrett (Reappointed)
Mike Hummell (Reappointed)
Bill Kelly (Reappointed)
Priscilla Leal (Reappointed)
Michael McCutchon (Reappointed)
* * * * * * * * * * * *
Minutes — Regular Council Meeting
July 8, 2008 — Page 2
Mayor Garrett called for consideration of the consent agenda (Items 3 -17). There were no
comments from the public. Council members requested that Items 4, 7, 12, 14, and 17 be pulled for
individual consideration. City Secretary Chapa polled the Council for their votes as follows:
3. MOTION NO. 2008-155
Motion approving supply agreements with the following companies for the following amounts
in accordance with the Coastal Bend Council of Governments Bid Invitation No. CBCOG-08-
04 for food items which include canned and frozen fruit and vegetables, meats and
condiments for an estimated six-month expenditure of $101,340.18, of which $16,890.03 is
required in FY2007-2008. The terms of the contracts shall be for six months with an option
to extend for up to three additional months, subject to the approval of the Coastal Bend
Council of Governments, the suppliers, and the City Manager or his designee. Funds have
been budgeted by Senior Community Services in FY2007-2008 and requested for FY2008-
2009.
LaBatt Food Service
Corpus Christi, TX
136 Items
$67, 586.37
Grand Total - $101,340.18
PFG
Victoria, TX
93 Items
$33,753.81
The foregoing motion was passed and approved with the following vote: Garrett, Elizondo,
Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye"; Cooper and Hummel) were
absent.
5. MOTION NO. 2008-157
Motion approving the purchase of one (1) asphalt relay tank trailer and two (2) side loaders
refuse trucks from the following companies for the following amounts, based on the
cooperative purchasing agreement with the Texas Local Government Purchasing
Cooperative (TLGPC). The asphalt relay tank trailer and the side loaders refuse trucks will
be used by the Street Department and Solid Waste Services. Funds are available in the
Street 2008 Tax Notes Capital Improvement Project (CIP) Fund and the Public Health &
Safety 2008 Tax Notes Capital Improvement Project (CIP) Fund.
Cooper Equipment Company
San Antonio, TX
1 Unit
Bid Items: 1
$103,681.00
Rush Truck Center, Houston
Houston, TX
2 Units
Bid Items: 2
$466,258.00
Grand Total: $569,939.00
The foregoing motion was passed and approved with the following vote: Garrett, Elizondo,
Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye"; Cooper and Hummell were
absent.
Minutes — Regular Council Meeting
July 8, 2008 -- Page 3
6. MOTION NO. 2008-158
Motion approving the purchase of one (1) asphalt distributor from Grande Truck Center, of
San Antonio, Texas for the total amount of $150,258. The award is made in accordance
with the cooperative purchasing agreement with the Texas Local Government Cooperative
(TLGC). This unit is purchased for the Street Services Division and is a replacement to the
fleet. Funding is available in the Street 2008 Tax Notes Capital Improvement Project (CIP)
Fund.
The foregoing motion was passed and approved with the following vote: Garrett, Elizondo,
Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye"; Cooper and Hummell were
absent.
8. MOTION NO. 2008-160
Motion approving the purchase of one (1) steel wheeled vibratory roller from Anderson
Machinery Co., of Corpus Christi, Texas for the total amount of $110,469.42. The award is
based on the cooperative purchasing agreement with the Houston Galveston Area Council
(H -GAC). This unit is purchased for the Street Services Division and is a replacement to the
fleet. Funding is available in the Street 2008 Tax Notes Capital Improvement Project (CIP)
Fund.
The foregoing motion was passed and approved with the following vote: Garrett, Elizondo,
Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye"; Cooper and Hummell were
absent.
9. MOTION NO. 2008-161
Motion approving a supply agreement with HD Supply Waterworks, of Corpus Christi, Texas
for fire hydrants in accordance with Bid Invitation No. BI -0170-08 based on low bid for an
estimated annual expenditure of $87,610 of which $14,601.66 is budgeted in FY2007-2008.
The term of the contract will be for twelve months with an option to extend for up to two
additional twelve-month periods subject to the approval of the supplier and the City Manager
or his designee. Funds are available from Warehouse Inventory for FY2007-2008 and
requested for FY2008-2009.
The foregoing motion was passed and approved with the following vote: Garrett, Elizondo,
Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye"; Cooper and Hummell were
absent.
10.a. MOTION NO. 2008-162
Motion authorizing the City Manager or his designee to accept a grant in the amount of
$1,798,271 from the State of Texas, Governor's Division of Emergency Management, for
funding eligible under the FY2007 Public Safety Interoperable Communications (PSIC)
Grant project to be used for the enhancement of voice interoperability on the 800 MHz radio
system, with a city cash match of $449,567.75 for a total project amount of $2,247,838.75,
and to execute all related documents.
The foregoing motion was passed and approved with the following vote: Garrett, Elizondo,
Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye"; Cooper and Hummell were
absent.
Minutes — Regular Council Meeting
July 8, 2008 — Page 4
10.b. ORDINANCE NO. 027744
Ordinance appropriating $1,798,271 from the State of Texas, Governor's Division of
Emergency Management, for funding eligible under the FY2007 Public Safety Interoperable
Communications (PSIC) Grant project to be used for the enhancement of voice
interoperability on the 800 MHz radio system with a City match of $449,567.75 in the No.
1061 State and Federal Grant Fund.
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Garrett, Elizondo, Kelly, Leal, McCutchon, Marez, and Martinez, voting
"Aye"; Cooper and Hummell were absent.
10.c. RESOLUTION NO. 027745
Resolution authorizing the City Manager or his designee to execute an Interlocal Agreement
between the cities of Corpus Christi, Portland, Port Aransas, Rockport, and Aransas County
to establish the terms for the sharing of the FY2007 Public Safety Interoperable
Communications (PSIC).
The foregoing resolution was passed and approved with the following vote: Garrett,
Elizondo, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye"; Cooper and Hummell
absent.
11. RESOLUTION NO. 027746
Resolution authorizing the City Manager or his designee to submit a grant application in the
amount of $487,760 to the U.S. Department of Justice, Office of Community Oriented
Policing Services (COPS) for funding eligible under the COPS 2008 Child Sexual Predator
Program. Funds will be used to reduce child endangerment, with a City in-kind contribution
of $40,000, and authorizing the City Manager or his designee to apply for, accept, reject,
alter or terminate the grant.
The foregoing resolution was passed and approved with the following vote: Garrett,
Elizondo, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye"; Cooper and Hummell
absent.
13.a. MOTION NO. 2008-163
Motion approving the purchase of continuous coverage product maintenance from Sungard
Public Sector, of Lake Mary, Florida in the amount of $152,701 ending June 30, 2009 for the
Sungard Public Sector suite of application modules.
The foregoing motion was passed and approved with the following vote: Garrett, Elizondo,
Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye"; Cooper and Hummell absent.
13.b. MOTION NO. 2008-164
Motion approving the purchase of continued annual maintenance costs from Sungard Public
Sector of Lake Mary, Florida for the Sungard Public Sector suite of products subject to
annual appropriation of funds based on sole source.
The foregoing motion was passed and approved with the following vote: Garrett, Elizondo,
Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye"; Cooper and Hummell absent.
Minutes — Regular Council Meeting
July 8, 2008 — Page 5
15. RESOLUTION NO. 027752
Resolution authorizing the City Manager or his designee to execute all documents necessary
to request continued financial assistance for beach cleaning and maintenance on North
Padre Island and Mustang Island during FY2008-2009 under the Texas General Land
Office's cleaning and maintenance assistance program.
The foregoing resolution was passed and approved with the following vote: Garrett,
Elizondo, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye"; Cooper and Hummel!_
absent.
16.a. MOTION NO. 2008-165
Motion to reinstate the FY2005 and FY2006 Community Development Block Grant (CDBG)
funding agreements with Corpus Christi Metro Ministries and to authorize the City Manager
or his designee to execute an amendment to extend the term of the agreements through
January 31, 2009.
The foregoing motion was passed and approved with the following vote: Garrett, Elizondo,
Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye"; Cooper and Hummell absent.
16.b. MOTION NO. 2008-166
Motion to reinstate the FY2007 Community Development Block Grant (CDBG) funding
agreement with Greenwood -Molina Nursery School, Inc. and to authorize the City Manager
or his designee to execute an amendment to extend the term of the agreement through
December 31, 2008.
The foregoing motion was passed and approved with the following vote: Garrett, Elizondo,
Kelly, Lea], McCutchon, Marez, and Martinez, voting "Aye"; Cooper and Hummell absent.
Mayor Garrett opened discussion on Item 4 regarding the purchase of a truck trailer for the
Solid Waste Department. Council Member Leal asked for the balance on the lease purchase
program. Assistant Director of Financial Services Michael Barrera said the estimated balance was
$10 million. Ms. Leal asked questions regarding the amount of time that a department has to order
vehicles after the start of the budget year. Mr. Barrera stated that Maintenance Services develops a
schedule every budget year. Director of General Services Jim Davis explained that most items are
ordered at the beginning of the fiscal year and others are ordered when tax notes are available for
funding additional equipment. Council Member McCutchon asked whether there was a line item in
the budget for lease purchases. City Manager Noe said that the City has a contract with the
company to provide lease purchase financing and there is a line item in the various departments'
budgets for lease purchase payments for items purchased under the lease purchase program. In
response to Dr. McCutchon, Director of Finance Cindy O'Brien answered that the banking institution
was Bank of America. City Secretary Chapa polled the Council for their votes as follows:
4. MOTION NO. 2008-156
Motion approving the purchase of one (1) 48 -foot truck trailer from Rush Equipment Center
of Texas, Inc., of Houston, Texas for a total amount of $98,615. The award is based on the
cooperative purchasing agreement with the Houston Galveston Area Council of
Governments (HGAC). The truck trailer will be used by Solid Waste Services. Financing will
be provided through the City's lease -purchase program.
Minutes — Regular Council Meeting
July 8, 2008 — Page 6
The foregoing motion was passed and approved with the following vote: Garrett, Elizondo,
Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye"; Cooper and Hummell absent.
Mayor Garrett opened discussion on Item 7 regarding the purchase of nine (9) pickup trucks,
one (1) dump truck and the lease/purchase of one (1) cargo van to be used by various departments.
In response to Council Member McCutchon, Mr. Barrera stated that the lease purchase is only for
one (1) cargo van. Dr. McCutchon asked questions regarding the reason for rewarding to the higher
bidder as listed on the bid tabulation sheet. Dr. McCutchon made a motion to table item 7 until later
in the meeting so that staff can provide the reasons for approving the higher bid costs for these
items. The motion was seconded by Mr. Kelly and passed.
Mayor Garrett opened discussion on Item 12 regarding appropriating funding from Federal
Aviation Administration (FAA) Grants and Airport Capital Improvement funds. In response to Dr.
McCutchon, Director of Aviation Fred Segundo stated that the funding is grant money offered from
the FAA and that projects can be awarded after appropriating the funds. Council Member
McCutchon asked questions regarding the contractorworking on these projects and bid information.
Mr. Segundo explained that Haas Anderson is performing the work on the rehabilitation of the
taxiway system work and the bid information will be provided to the Council for approval once the
appropriation is approved. City Secretary Chapa polled the Council for their votes as follows:
12.a. ORDINANCE NO. 027747
Ordinance appropriating $2,234,346 from the Federal Aviation Administration Grant No. 3-
48-0051-40-2008 in the No. 3020 Airport Capital Improvement Fund to Rehabilitate Taxiway
Systems, Phase II; modify Aircraft Rescue & Fire Fighting (ARFF) Building, Phase 1;
construct Perimeter Service Road, Phase I; and construct Maintenance Equipment Building,
Phase 1 at the Corpus Christi International Airport; amending FY2008 Capital Budget
adopted by Ordinance No. 027546 to increase appropriations by $2,234,346.
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.
12.b ORDINANCE NO. 027748
Ordinance appropriating $2,500,000 from the Federal Aviation Administration Grant No. 3-
48-0051-41-2008 in the No. 3020 Airport Capital Improvement Fund to improve Airport
Drainage Area VI, Phase II at Corpus Christi International Airport; amending FY2008 Capital
Budget adopted by Ordinance No. 027546 to increase appropriations by $2,500,000.
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.
12.c. ORDINANCE NO. 027749
Ordinance appropriating $2,800,000 from the Federal Aviation Administration Grant No. 3-
48-0051-42-2008 in the No. 3020 Airport Capital Improvement Fund to rehabilitate Taxiway
Systems, Phase II at Corpus Christi International Airport; amending FY2008 Capital Budget
adopted by Ordinance No. 027546 to increase appropriations by $2,800,000.
Minutes — Regular Council Meeting
July 8, 2008 — Page 7
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.
12.d. ORDINANCE NO. 027750
Ordinance transferring $600,100 from Airport Capital Reserve Fund No. 4611 and
appropriating $600,100 into the Airport Capital Improvement Program (CIP) Fund — Capital
Reserve Fund 3020A to rehabilitate Taxiway Systems, Phase II; modify Aircraft Rescue &
Fire Fighting (ARFF) Building, Phase I; construct Perimeter Service Road, Phase I; construct
Maintenance Equipment Building, Phase I; and improve Airport Drainage, Area VI, Phase II
at Corpus Christi International Airport; amending the FY2008 Capital Budget adopted by
Ordinance No. 027546 to increase appropriations by $600,100.
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 14 regarding a one-year lease agreement with Del
Mar College to support the Fire Department Training Division. Council members asked questions
regarding whether staff anticipated any additional costs; whether the cost is appropriate for office
space; the costs for downtown office space; whether classes will be taught at the facility; the reason
for wanting the administrators close to the facility; whether there is a way to work with Del Mar to
lower the rates; and the total amount paid to Del Mar. City Secretary Chapa polled the Council for
their votes as follows:
14. ORDINANCE NO. 027751
Ordinance authorizing the City Manager or his designee to execute a one-year lease
agreement with Del Mar College for office space on the Del Mar West Campus for the
purpose of providing administrative and instructional support to the Fire Academy at a cost
of $40,000.
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 17 regarding the Cefe Valenzuela Landfill —
Leachate Ponds Groundwater Monitoring System. In response to Council Member McCutchon,
Interim Director of Engineering Services Kevin Stowers stated that a bid was not required for the
professional services. Council Member Marez asked questions regarding whether solid waste
services have been transferred to the Cefe Valenzuela Landfill. Mr. Stowers stated that mass
disposal is conducted at the Cefe Valenzuela Landfill and operation of the transfer station and brush
grinding continues at the J.C. Elliot Landfill. Mayor Garrett asked for the location of the transfer
station. Assistant Director of Solid Waste Services Lawrence Mikolajczky said that the transfer
station was located at 1701 Ayers Street. City Secretary Chapa polled the Council for their votes as
follows:
Minutes — Regular Council Meeting
July 8, 2008 — Page 8
17. MOTION NO. 2008-167
Motion authorizing the City Manager or his designee to execute a geotechnical services
agreement with Kleinfelder, Inc., of Corpus Christi, Texas in an estimated amount not to
exceed $100,400 for Cefe Valenzuela Landfill Leachate Ponds Groundwater Monitoring
System.
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 referred to Item 18, and a motion was made, seconded and passed to open
the public hearing on the following zoning case:
Case No. 0508-02, Michael L. Rittoers: 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. (Tabled on
06/17/08)
City Secretary Chapa stated that the Planning Commission and staff recommended approval
of an "A-2" Apartment House District.
Interim Director of Development Services Faryce Goode -Macon reported that there is no
resolution from the neighborhood or the applicant since the tabling of this item
Mayor Garrett called for comments from the audience. Rix Musslewhite, representative of the
neighborhood, provided the minutes of the neighborhood meeting that addressed the
neighborhoods concerns. Mr. Michael Rittgers thanked Council Members Martinez and Marez for
attending the meeting. Mr. Rittgers stated that he has discussed several of the neighborhood's
concerns with his advisors including the playground; parking issues; fencing; drainage; the
appearance of the building; and infrastructure improvements. Mr. Rittgers asked the Council to
consider accepting the unanimous recommendation of the Planning Commission and staff. Abel
Alonzo, 1701 Thames, asked the Council to support this project.
Council members asked questions regarding the standard number of parking spaces
required; the number of units; the location of the trash bins; the required lighting; whether the 20%
rule is in effect; whether the applicant could develop apartments with the current zoning; whether a
site plan is required for zoning; whether the drainage will be addressed; the zoning for the
surrounding areas; and the required number of votes for approval.
Mr. Elizondo made a motion to close the public hearing, seconded by Mr. Marez, and
passed. The 20% rule is in effect and requires seven (7) votes for the ordinance to pass. Mr. Chapa
polled the Council for their votes as follows:
18. ORDINANCE NO. 027753
Amending the Zoning Ordinance upon application by Michael L. Rittgers, by changing the
Zoning Map in reference to Fitchue Place, Block 1103, Lots 49 through 58, from "R-2"
Multiple Dwelling District to "A-2" Apartment House District; 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.
Minutes — Regular Council Meeting
July 8, 2008 — Page 9
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 referred to Item 19, and a motion was made, seconded and passed to open
the public hearing on the following zoning case:
Case No. 0508-01, Flint Hills Resources, L.P.: A change of zoning from "R -1B" One -family
Dwelling District and "A-1" Apartment House District to a "B-1" Neighborhood Business
District on property described as Nueces Bay Heights, Block 22, Lots 1 through 20, located
in the Hillcrest Neighborhood between Nueces Bay Boulevard to the west, Floral Street to
the east, Hulbirt Street to the north and Noakes Street to the south.
City Secretary Chapa stated that the Planning Commission and staff recommended denial of
the "B-1" Neighborhood Business District, and in lieu thereof, approval of a "R -1B" One -family
Dwelling District (Lots 4-17) and an "A-1" Apartment House District (Lots 1-3 and 18-20) each with a
Special Permit for a temporary off-street parking lot subject to a site plan and twelve (12) conditions.
No one appeared in opposition to the zoning change. Mr. Elizondo made a motion to close
the public hearing, seconded by Mr. Kelly, and passed. Mr. Chapa polled the Council fortheirvotes
as follows:
19. ORDINANCE NO. 027754
Amending the Zoning Ordinance, upon application by Flint Hills Resources, L.P., by
changing the Zoning Map in reference to Nueces Bay Heights, Block 22, Lots 1 through 20,
from "R -1B" One -Family Dwelling District and "A-1" Apartment House District to "R-1 B/SP"
One -Family Dwelling District with a Special Permit (Lots 4-17) and "A-1/SP" Apartment
House District with a Special Permit (Lots 1-3, 18-20) to allow a one (1) year temporary off-
street parking lot associated with the refinery located on the west side of Nueces Bay
Boulevard and containing no more than 400 parking spaces, subject to a Site Plan and
twelve (12) 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, Elizondo, Kelly, Leal, McCutchon, Marez, and Martinez,
voting "Aye"; Hummell was absent.
Mayor Garrett referred to Item 20, and a motion was made, seconded and passed to open
the public hearing on the following zoning case:
Case No. 0508-04, City of Corpus Christi: A change of zoning from a "F -R" Farm -Rural
District to an "1-2" Light Industrial District on property described as being a 3.24 acre tract of
land out of Lots 6 through 10, Block 9, Rodd Village, located south of Yorktown Boulevard
and west of the future extension of Rodd Field Road.
City Secretary Chapa stated that the Planning Commission and staff recommended approval
of the "1-2" Light Industrial District.
Minutes — Regular Council Meeting
July 8, 2008 -- Page 10
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:
20. ORDINANCE NO. 027755
Amending the Zoning Ordinance, upon application by the City of Corpus Christi, by changing
the Zoning Map in reference to a 3.24 acre tract of land out of Rodd Village, Block 9, Lots 6
through 10, 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, Elizondo, Kelly, Leal, McCutchon, Marez, and Martinez,
voting "Aye'; Hummel! was absent.
* * * * * * * * * * * * *
Mayor Garrett returned to discussion on Item 7 regarding the purchase of nine (9) pickup
trucks, one (1) dump truck and the lease/purchase of one (1) cargo van to be used by various
departments. Assistant Director of Financial Services Michael Barrera stated that the bid tabulation
sheet that was provided in the packet was incorrect. Mr. Barrera provided the Council with the
corrected prices. City Secretary Chapa polled the Council for their votes as follows:
7. MOTION NO. 2008-159
Motion approving the purchase of nine (9) pickup trucks, one (1) dump truck and the
lease/purchase of one (1) cargo van from the following companies, for the following
amounts, in accordance with Bid Invitation No. BI -0166-08, based on low bid for a total
amount of $269,112. The vehicles will be used by Animal Control, Park & Recreation, and
Water Departments. All eleven units are replacements to the fleet. Funding for the lease
purchase of the cargo van will be provided through the City's lease/purchase financing
program. Funding for the remaining vehicles is available in the Capital Outlay Budget of the
Maintenance Services Fund, Latchkey Operations, Beach Operations and the Animal
Control Operations Budget.
Access Ford, LTD
Corpus Christi, TX
Bid Items: 1, 2, 3, 4, 6, 7 & 8
$210,828
Champion Ford Mazda
Corpus Christi, TX
Bid Item: 5
$58,284
Grand Total: $269,112
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 referred to Item 21, and a motion was made, seconded and passed to open
the public hearing on the following street closure:
21. Public hearing and First Reading Ordinance to consider abandoning and vacating a 7,293 -
square foot portion (50' wide x 145' long) of an undeveloped and unsurfaced, dedicated
Minutes — Regular Council Meeting
July 8, 2008 — Page 11
public right-of-way (Charlotte Drive) out of Tropic Heights Unit 2, Lot 1, Block 1, and Lot 1,
Block 2, adjacent to and south of the Mediterranean Drive public right-of-way; subject to
owners compliance with the specified conditions.
Deputy Director of Development Service Johnny Perales stated that several concerns have
been addressed since the first time this item came to the Council regarding the procedures required
in Chapter 49, City Code of Ordinances, related to the participation of all abutting property owners.
Mr. Perales said that staff contacted the Audubon Outdoor Club and property owners Virginia Hatley
(438 Mediterranean) and Robert Allen Clarke (3434 Charlotte Drive) regarding the closure.
Mayor Garrett called for comments from the audience. Charles Roberts, 2142 Alazan,
provided a powerpoint presentation and spoke in opposition to the proposed street closure. Joseph
Hasselmeier stated that he has mowed and maintained the property for many years. Mr.
Hasselmeier added that he would like to own the property that he has been maintaining.
Council members asked questions regarding the person that owns the fee simple property;
whether there is a reduction in property value for utility easements; whether the Department of
Defense was notified of the proposed closure; whether opposition was received; fair market value
fees; the property owner's expense; abandonment of the property; and the cost to the City.
Mr. Elizondo made a motion to close the public hearing, seconded by Mr. Kelly, and passed.
Mr. Chapa polled the Council for their votes as follows:
21. FIRST READING ORDINANCE
Ordinance to consider abandoning and vacating a 7,293 -square foot portion (50' wide x 145'
long) of an undeveloped and unsurfaced, dedicated public right-of-way (Charlotte Drive) out
of Tropic Heights Unit 2, Lot 1, Block 1, and Lot 1, Block 2, adjacent to and south of the
Mediterranean Drive public right-of-way; subject to owner's compliance with the specified
conditions.
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.
Mayor Garrett called for a brief recess to present proclamations and listen to public
comment.
*************
Mayor Garrett called for petitions from the audience. Ralph Cantu, 4842 Larkspur, spoke
regarding the review of council member compensation and increasing wages for City employees.
Charles Roberts, 2142 Alazan, spoke regarding the liability insurance for the South Texas Celtic
Music Festival. Rebecca Stroisch, 920 Waco, spoke in support of maintaining and not reducing the
Human Relations Department budget. Joan Veith, President of the Corpus Christi Barrios
Association, spoke regarding recycling. Ms. Veith thanked the Council for her appointment to the
Clean Cities Committee and also thanked City Manager Noe for his work on behalf of the Barrios
Association. Bob Baker, 4733 Canaan Place, spoke regarding the reduction to the Arts and Cultural
budget. Nelida Ortiz, 7218 Pharaoh Drive, spoke regarding the maintenance of the Columbus ships;
long term planning to maintain the ships; and improving access and increasing signage to the
Museum of Science and History. Ms. Ortiz stated that these improvements to the Museum will
hopefully usher in an economic boom to the community.
Minutes — Regular Council Meeting
July 8, 2008 — Page 12
Mary Jane Garza, Chair for the Commission on Children and Youth, asked the Council to
reinstitute the $78,000 that was deleted to support the National League of Cities (NLC) platform
components. Bobby Scott, 467 Palmetto, expressed concern that the proposed Bond 2008 issue
does not include improvements to the golf courses. Jim Maloney, 3435 Ocean Drive, spoke
regarding the visual concept study proposed for the Museum of Science and History and asked the
Council to find the funding for make this study happen. Colin Sykes, 309 Aberdeen; Jeanne Adams,
215 Louisiana Street; Peggy Duran, 4022 Congressional; Matt Tedron, 1333 Sandstone; Emilie
Olivares, 4205 Dody Street; and Ann Smith, 1005 Meadowbrook, asked the Council to consider
placing an item on the agenda supporting a moratorium on the death penalty. Rocco Montensano,
U.S.S. Lexington, and Tom Schmid, Texas State Aquarium, spoke regarding improvements to the
North Beach area and asked the Council to consider including the improvements in the next Bond
issue. Jack Gordy, 4118 Bray, spoke regarding the costs for outside attorneys. J. E. O'Brien, 4130
Pompano, spoke regarding the City's unrestricted net assets and the ending fund balance in the
general fund. Kelli Knupp, 195 Lago Vista Drive, Rockport, spoke regarding the EEOC office and
eliminating staff support. Dr. Ridge Hammons, 6617 Bent Trail, spoke regarding the upcoming
Community Youth Development grant "Outreach for the Future".
Jesse Molina, 4314 Leonard, spoke in support of a pay raise for the firefighters. Rene
Saenz, 6022 Sweet Gum St., thanked the Council for appointing him to the Human Relations
Commission. Mr. Saenz asked the Council to consider maintaining the budget for the Human
Relations department and the find funding for the police officers and firefighters. Tomas Gallegos,
4314 Lake Superior, spoke regarding his personal experience with the Human Relations Office and
the excellent service provided by the EEOC. Larry Cashion, 4010 Manhattan, asked the Council not
to decrease the funding to the arts. Jerry Garcia, 3801 Gollihar, spoke regarding the motion to
terminate the lease agreement with Westside Little League. Arnold Franco, Westside Little League,
stated that games are played regularly at the Westside field and that the league allows the
International Westside League to borrow the fields. Mr. Franco added that the league has not
received City support. Santiago Escadena, President of the Westside Little League, spoke regarding
the various letters sent by the City to bring the league fields to level standards for playing and the
shape of the fields. Rudy Medina; 5413 Cain Drive, spoke regarding code requirements to build a
fence at the building located at 5402 and 5410 Holly Road. Brandi Williams and Drew Combs spoke
in support of re -storing the Sister City Budget. Elizabeth Reese, 3802 Denver, ask the Council to
consider maintaining or increasing the Arts budget.
* * * * * * * * * * * * *
Mayor Garrett announced the executive session, which was listed on the agenda as follows:
(Item 24 was postponed)
action related thereto in open session.
25. Executive Session under Texas Government Code Section 551.071 regarding fire collective
bargaining negotiations, with possible discussion and action related thereto in open session.
**** * * ** * * * * *
Mayor Garrett recessed the regular Council meeting to hold a meeting of the Corpus Christi
Community Improvement Corporation (CCCIC).
*********** **
Minutes — Regular Council Meeting
July 8, 2008 — Page 13
Mayor Garrett reconvened the Regular Council Meeting. Mayor Garrett referred to Item 22,
and a motion was made, seconded and passed to open the following public hearing on the
proposed FY2008-2009 Operating Budget:
22. Public hearing on Proposed FY2008-2009 Operating Budget. This budget will raise more
total property taxes than last year's budget by $5,150,870 (General Fund $1,635,012, Debt
Service Fund $3,098,076, and Special Revenue $417,782), or7.6%, and of that amount, an
estimated $2,168,689 is tax revenue to be raised from new property added to the tax roll this
year. This additional amount is due entirely to increases in property tax valuations and new
property added to the tax roll and NOT to any increase of the current tax rate of $.563846.
Assistant City Manager Oscar Martinez explained that the budget hearing would include an
overview of the budget; a summary of long term actions plans; the tax rate adoption calendar and
the public hearing. Mr. Martinez referred to a powerpoint presentation including the projected
balance and summary of the general fund; council directed budget amendments; possible funding
sources; proposed increase in 911 wireline fees; follow up on Solid Waste issues; Solid Waste
recommendations; the projected fund balance and summary of the enterprise funds; amendment to
water tap fees; tap fees; rate comparison; the projected fund balance and summary of the internal
service funds; the projected fund balance and summary of the debt service funds; the projected fund
balance and summary of the special revenue funds; long term compensation plans; Texas Municipal
Retirement System (TMRS) funding; post employee benefits; capital expenditures/life cycle
replacements; revenue source strategy/cost of service strategy; amendment of the fiscal year;
recommendation; history of assessed valuations; history of ad valorem tax rates; tax rate split;
definitions; FY2008-2009 tax rates; tax rate adoption calendar; and the budget calendar.
Ms. Martinez made a motion to direct staff to bring back a recommendation for maintaining
the arts funding. The motion was seconded by Ms. Cooper and passed.
Assistant City Manager Martinez said that staff would bring back recommendations to
maintain the marketing efforts for the Marina and options for implementing pay as you go financing
based on discussions by the Council.
Ms. Leal requested a list of vehicles driven out of town and the justification for driving out of
town.
Mayor Garrett requested that staff bring back a recommendation for funding a cost of living
increase for civilian employees.
Mayor Garrett called for comments from the audience. Abel Alonzo, Chairperson for the
Committee for Persons with Disabilities, spoke regarding the ADA investigator position; the costs
associated with making the City completely ADA compliant; and whether the City was working in
good faith to assist the disabled community. J.E. O'Brien, 4130 Pompano, spoke regarding the
increase in valuation; the increase each year in the general fund balance; utility rate increases; the
capital improvement program; council compensation; eliminating outside attorneys; and scheduling
the public hearing for a time certain. Charlie Zahn, attorney representing the Nueces County Water
Control and Improvement District No. 4, spoke regarding the proposed new rate model for wholesale
water and the terms of the contract between the City and the District. Mr. Zahn asked the Council to
direct staff to abide by the contract terms and adopt a water rate consistent with the terms of the
contract. City Manager Noe stated that staff would schedule an executive session to discuss the
District. Joann Gilbertson, 449 Eldon Drive, provided a diagram of North Beach and spoke regarding
Minutes — Regular Council Meeting
July 8, 2008 -- Page 14
the implementation of a Beachwalk along North Beach; an example of "specials" that were
implemented in North Dakota through taxes to purchase sidewalks; the Columbus ships; bicycle
safety; and the use of segways. Ms. Gilbertson recommended removing the $2.5 million for the
replacement of the H.B.B. pool complex from the proposed Bond 2008 and reconsider funding the
Beachwalk from the north end of the jetty to the Memorial Coliseum.
Council members asked questions regarding reserve commitments; the reserve
appropriation for fuel; the location of reserve for fuel for departments other than Solid Waste and
Police; the amount of funding for the Fire Department for fuel reserves; how the fuel reserve amount
was determined; whether the consumption reduction plan for fuel will be implemented prior to the
budget year; the addition of a natural gas station; the total number of gas stations; the number of
vehicles on natural gas; the type of vehicles on natural gas; whether the City is considering
purchasing heavy trucks on natural gas; the arts funding for FY07-08; possible funding sources; 911
wireline changes; ways to address staffing issues for the MetroCom dispatchers; requirements of
the MetroCom dispatchers and salaries; whether MetroCom is currently staffed 24 hours;
exploration of other MetroCom programs in other cities; incentive programs for businesses to
participate in recycling programs; whether the percentage of recycling is significantly higher for
businesses rather than residents; whether the City of Plano's has ceased participation in their
recycling program; if there are commercial representatives on the recycling committee; the
percentage of the total trash hauled that goes to recycling; the current life of the landfill; code
enforcement for brush collection; the re-establishment of glass recycling; increase in slip rentals; the
reason the Marina Fund is in the negative; whether the Marina is treated like a true enterprise fund;
the golf center fund balance; non -airline review sources; whether the rate payer is subsidizing the
cost of the tap fees; whether tap fees go into the trust fund; the rate comparison for tap fees; the
process for adopting a tax rate greater than 8%; debt service rates; whether there is some value for
spending cash instead of debt; how financial advisors are chosen; the costs for financial advisors;
what happened to the previous civilian employee compensation plan; the year the City capped the
effective tax rate; whether the long term compensation plan excludes collective bargaining wage
adjustments; the cost associated with a cost of living increase; ad valorem increases; retirement
opinions other than TMRS; ways to reduce the number of vehicles in the inventory; whether the City
has an ADA compliance plan; if the ADA investigator position was ever filled; whether the City is
addressing ADA concerns; whether the number of frozen positions has changed; time spent by
other Human Relations staff on ADA issues; whether the Nueces Water District would agree with
mediation.
Mr. Elizondo made a motion to close the public hearing, seconded by Mr. Marez, and
passed.
* * * * * * * * * * * * *
There being no further business to come before the Council, Mayor Garrett adjourned the
Council meeting at 5:14 p.m. on July 8, 2008.
*************