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HomeMy WebLinkAboutMinutes City Council - 07/15/2008I 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 15, 2008, which were approved by the City Council on July 29, 2008. WITNESSETH MY HAND AND SEAL, on this the 29th day of July, 2008. ia'i—xgrr- Armando Chapa City Secretary SEAL PRESENT Mayor Henry Garrett Mayor Pro Tem John Marez Council Members: Melody Cooper* Larry Elizondo, Sr. Mike Hummell Bill Kelly Priscilla Leal Michael McCutchon Nelda Martinez MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting July 15, 2008 - 10:00 a.m. City Staff: City Manager George K. Noe City Attorney Mary Kay Fischer City Secretary Armando Chapa *Arrived at 10:21 a.m. Mayor Garrett called the meeting to order in the Council Chambers of City Hall. The invocation was delivered by Reverend Greg Hackett with First United Methodist Church and the Pledge of Allegiance to the United States flag was led by Council Member John Marez. 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 referred to Item 1 and the following board appointments were made: Corpus Christi Downtown Management District George Clower (Appointed) Wayne Lundquist (Reappointed) Bill Durrill (Reappointed) Raymond Gignac (Reappointed) Wes Hopkins (Reappointed) Williard Hammonds (Reappointed) Chad Magill (Reappointed) * * * * * * * * * * * * Mayor Garrett called for consideration of the consent agenda (Items 2 - 10). Mr. Robert Sarlay requested that Item 2 be pulled for individual consideration. Council members requested that Items 2, 4, 5, 6, and 7 be pulled for individual consideration. City Secretary Chapa polled the Council for their votes as follows: 3. MOTION NO. 2008-169 Motion approving a service agreement with Heath Consultants, of Houston, Texas for Natural Gas Leakage Survey Services in accordance with Request for Proposal No. BI - 0169 -08, based on best value for an estimated annual expenditure of $90,580. The term of the agreement will be for three years. Funding is available in the Gas Operations budget for FY 2007-2008 and has been requested for FY 2008-2009. Minutes — Regular Council Meeting July 15, 2008 — Page 2 The foregoing motion was passed and approved with the following votes: Garrett, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye"; Cooper was absent. 8.a. MOTION NO. 2008-172 Motion approving the Arterial Transmission and Grid Main Construction and Reimbursement Agreement submitted by Turner Industries Group, LLC, owner and developer of Turner Industries Tract, Block 1, Lot 1 located south of IH -37 Access Road and east of Clarkwood Road for the installation of 2,322 linear feet of 16 -inch PVC arterial transmission main. The foregoing motion was passed and approved with the following votes: Garrett, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye"; Cooper was absent. 8.b. ORDINANCE NO. 027759 Ordinance appropriating $319,025.32 from the No. 4030 Water Arterial Transmission & Grid Main Trust Fund to reimburse Turner Industries Group, LLC for the installation of 2,322 linear feet of 16 -inch PVC arterial transmission main for development of Tumer Industries, Block 1, Lot 1 as specified in the Arterial Transmission and Grid Main Construction and Reimbursement Agreement. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye"; Cooper was absent. 9.a. MOTION NO. 2008-173 Motion approving the Sanitary Sewer Collection Line Extension Construction and Reimbursement Agreement submitted by Turner Industries Group, LLC, owner and developer of Turner Industries Tract, Block 1, Lot 1, located south of IH -37 Access Road and east of Clarkwood Road for the installation of 692 linear feet of 18 -inch PVC sanitary sewer trunk line. The foregoing motion was passed and approved with the following votes: Garrett, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye"; Cooper was absent. 9.b. ORDINANCE NO. 027760 Ordinance appropriating $257,884.97 from the No. 4220 Sanitary Sewer Trunk System Trust Fund to reimburse Turner Industries Group, LLC for the installation of 692 linear feet of 18 - inch PVC sanitary sewer trunk line for development of Turner Industries, Block 1, Lot 1 as specified in the Sanitary Sewer Trunk Line Construction and Reimbursement Agreement. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye"; Cooper was absent. 10. ORDINANCE NO. 027761 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 Lot 1, Block 1, and Lot 1, Block 2, Tropic Heights Unit 2, adjacent to and south of the Minutes — Regular Council Meeting July 15, 2008 — Page 3 Mediterranean Drive public right-of-way; subject to compliance with the specified conditions. (First Reading 07108108) The foregoing ordinance was passed and approved on its second reading with the following vote: Garrett, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye"; Cooper was absent. Mayor Garrett opened discussion on Item 2 regarding EMS Billing and Collections Services. Robert Sarlay, President of Texas Medical Data Systems, ask the Council to reconsider the award of the contract to Southwest General Services, a non -local firm. Mr. Sarlay spoke regarding the one point scoring differential on the scoring matrix; Texas Medical Data System's 20 -year billing record with the City; the local established office; and the difference in the proposed systems. Mr. Sarlay stated that Texas Medical Data Systems would like to continue to work with the City. Assistant Director of Financial Services Michael Barrera spoke regarding the Request for Proposal Process; previous performance by Texas Medical Data Systems; and the concerns with integration of the systems. Scott Fathergill, CEO of Southwest General Services, spoke regarding the transition period for the new contract and collections. Council members asked questions regarding the location of the Texas Medical Data System office; the difference between Texas Medical Data Services and National Reimbursement Services; the difference in the total annual costs; the amount of time the City has done business with Texas Medical Data Systems; concerns with the Texas Medical Data Services system; whether there have been conflicts with data sharing in the past; whether the main contributing factor of the recommendation is that Southwest General Services has an integrated system; the services that are integrated; the number of years for the contract; whether there is opportunity for a bidder to change their percentage rate once bids have been received; whether the Fire Department is prepared for the loss of funds collected during the transition period; the nature of the guaranteed revenue; penalty fees; the guarantee difference from Southwest General Services and Texas Medical Data Systems; how the criteria for experience of firm and service was determined; whether disregarding recommendations and the results of the bidding process will have an effect on future contractors competing for contracts; if Southwest General Services plans on opening a local office; the funding budgeted for this service; the requirements for the service; how long Southwest has been in existence; whether Southwest services any cities in South Texas; the members of the evaluation committee; whether the evaluation team was the same as the previous bidding process; whether the same evaluation model was used; whether staff reviewed collections percentages, billing processes, and performance; and the lag in collections. City Secretary Chapa polled the Council for their votes as follows: 2. MOTION NO. 2008-168 Motion approving a service agreement with SouthWest General Services, of Dallas, Texas for Emergency Medical Services Billing and Collections Services in accordance with Request for Proposal No. BI -0106-08, based on best value for an estimated annual expenditure of $297,000. The term of the contract will be for three years with an option to extend the agreement for up to two additional twelve-month periods subject to the agreement of the contractor and the City Manager or his designee. The foregoing motion was passed and approved with the following votes: Garrett, Cooper, Elizondo, Hummell, Kelly, McCutchon, Marez, and Martinez, voting "Aye"; Leal voting "No". Minutes — Regular Council Meeting July 15, 2008 — Page 4 * * * * * * * * * * * * * Mayor Garrett referred to Item 15 regarding a presentation on Operation K.E.Y.S. (Keeping Every Youth in School) — A High School Dropout Recovery Effort. Director of Education Initiatives JoAnn Hooks introduced the core partnership team members including Corpus Christi Independent School District (CCISD) Superintendent Scott Elliff, CCISD Director of High School Completion Monica Bayarena, and the Most Reverend Bishop Edmond Carmody, Diocese of Corpus Christi. Bishop Carmody thanked the Council for appointing a Director of Education Initiatives. Bishop Carmody announced that a walk would take place on September 6th to visit the homes of young people not registered for school this year. Bishop Carmody stated that the initiate to keep young people in school is important to deal with other challenges in the community including the problems with homelessness and diabetes. Ms. Hooks referred to a powerpoint presentation including statistics on the high school dropout epidemic; the dramatic consequences of dropping out; call of action; and the walk planning. Ms. Hooks also recognized the committee members that were present. Superintendent Elliff provided a background of the Operation K.E.Y.S. program in Houston; the results from Houston's "Reach Out to Dropouts" Walk; the pilot initiative developed by CCISD; the goals of the walk; CCISD annual dropout rate; and CCISD completion rate. Ms. Bayarena provided information on the walk teams; events prior to the walk, the day of the walk, and after the walk; and a timeline. Bishop Carmody challenged Council Member Mike Hummel) to the "Council versus The Cleric" Racquetball Game to promote the walk to fight diabetes. * * * * * * * * * * * * * Mayor Garrett opened discussion on Item 4 regarding the purchase of two carrier mounted telescopic boom excavators for the Street Department. Council Member McCutchon asked questions regarding the term to pay of the tax notes and whether the debt transfers to another fund. City Manager Noe stated that all of the tax notes are paid off between six (6) and seven (7) years, with the bulk paid off within two years. Mr. Noe explained that debt service is paid out of the debt service fund and tax notes appropriated out of the general fund. Director of Financial Services Cindy O'Brien added that once the tax notes are paid off, the equipment becomes a fixed asset for the Street Department. City Secretary Chapa polled the Council for their votes as follows: 4. MOTION NO. 2008-170 Motion approving the purchase of two (2) Carrier Mounted Telescopic Boom Excavators from Waukesha -Pearce Industries, Inc., of Corpus Christi, Texas, based on only bid, in accordance with Bid Invitation No. BI -0190-08 for a total amount of $490,596. The carrier mounted telescopic boom excavators will be used by the Street Department. The two units are replacements 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 votes: Garrett, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye"; Cooper was absent. Mayor Garrett opened discussion on Item 5 regarding the establishment of a FICA alternative plan for temporary and part-time employees. In response to Ms. Leal, Assistant Director of Financial Services Michael Barrera stated that there would be no cost to the City to enter into this agreement. Ms. Leal asked whether an employee can continue to put money in this retirement system if the employee leaves employment with the City. Director of Human Resources Cynthia Minutes — Regular Council Meeting July 15, 2008 — Page 5 Garcia stated that this retirement program is only during employment with the City and the employee can withdraw their funds without a penalty. City Secretary Chapa polled the Council for their votes as follows: 5.a. RESOLUTION NO. 027756 Resolution authorizing and establishing a FICA alternative plan under IRC § 457 (B), for temporary employees and part-time employees who work less than twenty (20) hours per week. The foregoing resolution was passed and approved with the following vote: Garrett, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye"; Cooper was absent. 5.b. MOTION NO. 2008-171 Motion approving a service agreement with Nationwide Retirement Solutions, Inc., of Dublin, Ohio for FICA Alternative Plan services, in accordance with Request for Proposal No. BI - 0219 -07. The term of the service agreement will be for five years with an option to extend for up to two additional twelve-month periods, subject to the approval of the service provider and the City Manager or his designee. The foregoing motion was passed and approved with the following votes: Garrett, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye"; Cooper was absent. Mayor Garrett opened discussion on Item 6 regarding the development of the Nature Center within the Oso Conservation Interpretive Park on Oso Bay. Council Member Hummel) asked for information about the Nature Center. Director of Parks and Recreation Sally Gavlik said the Nature Center will be a completely green building with indoor and outdoor classrooms and an exhibit hall space for area schools to take the children. Mr. Hummel) asked whether the square footage has been determined. Ms. Gavlik explained that the square footage is currently 50,000 square -feet but may be modified. In response to Mr. Hummel), Ms. Gavlik stated that the grant is only for the indoor facility and the City is matching $750,000 from the Enrichment Program. Council Member Elizondo asked if the Nature Center was located near the regional park. Ms. Gavlik responded that this area was located at the opposite end of the regional park. City Secretary Chapa polled the Council for their votes as follows: 6. RESOLUTION NO. 027757 Resolution authorizing the City Manager or his designee to submit a grant application to the Texas Parks and Wildlife Department in the amount of $750,000 for the purpose of participating in the Local Park Grant Program to develop the Nature Center to be located within the Oso Conservation Interpretive Park on Oso Bay, with a City match of $750,000 in the No. 4720 Community Enrichment Fund; dedicating the proposed site for permanent public park and recreation uses. The foregoing resolution was passed and approved with the following vote: Garrett, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye"; Cooper was absent. Mayor Garrett opened discussion on Item 7 regarding the passenger facility charges for the Corpus Christi International Airport. Council Member Leal asked for the balance of the unreserved fund. Director of Aviation Fred Segundo stated that the fund balance was approximately $1.9 million prior to this transaction. A brief discussion ensued regarding the Airport Board's review of the Minutes — Regular Council Meeting July 15, 2008 — Page 6 transactions. City Manager Noe said staff would brief the Airport Board of this transaction at their next meeting and provide the Council with any comments or concerns. City Secretary Chapa polled the Council for their votes as follows: 7. ORDINANCE NO. 027758 Ordinance appropriating $1,856,054 from the unreserved fund balance in Passenger Facility Charge Fund No. 4621 and transferring and appropriating $1,076,812 into the Airport 2000A Debt Service Fund No. 4640 and $779,242 into the Airport 2000B Debt Service Fund No. 4641 for debt service on airport improvements; changing the FY 2007-2008 Capital Budget adopted by Ordinance No. 027546 to increase appropriations by $1,856,054. 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 called for a brief recess to present proclamations and listen to public comment. * * * * * * * * * * * * * Mayor Garrett called for petitions from the audience. Rebecca Stroisch, 920 Waco Street, asked the Council to reinstate the ADA inspector position and reconsider cutting the intake position in the Human Relations Department. Pat Suter, 1002 Chamberlin, thanked the Council for their appointments to the Clean Cities Committee and Council Member Martinez for emphasizing recycling. Ms. Suter asked the Council to show their commitment to recycling prior to the April election. Mike Staff, Corpus Christi Police Officers Association, invited the Council to attend an informal seminar to allow their consultant to provide their findings. Mr. Staff asked the Council to table the health care budget until the POA and Firefighters Associations' consultant can make a presentation to the City Council. Mr. Staff also spoke regarding GASB 45. Carlos Torres, President of the Corpus Christi Firefighters Association, asked the Mayor or five council members to place an item on the agenda to allow the Associations' consultant to present their findings to the Council. Roland Garza spoke regarding council compensation and the areas excluded from the proposed bond proposal. Jaime Valdez, EEOC Headquarters, spoke regarding the elimination of the intake officer in the Human Relations Department. J.E. O'Brien, 4130 Pompano, spoke regarding the budget public hearing and requested that the Council schedule a time certain when adopting the budget and setting the tax rate. Bob Algeo, 15629 Three Fathoms, spoke regarding metal theft; burning of wooden pallets at the beach; and using the sea turtle as the logo on the water tower. David Loeb, 921 Chaparral, thanked the Council for including the Memorial Coliseum, ADA improvements downtown, and wayfinding in the proposed bond issue. Mr. Loeb also spoke regarding the need for a third pump station and an overlay for Water Street. Heidi Hodva, Downtown Management District, also addressed the need for a third pump station downtown. Rene Saenz, 6022 Sweet Gum, thanked Director of Education Initiatives JoAnn Hooks for today's presentation and spoke regarding the increase in insurance rates for police and fire. Jerry Garcia, President of the Southside Youth Sports Complex, spoke regarding organizations eligible for Community Development Block Grant (CDBG) funding and including the Greenwood Sport Complex in the proposed bond issue. Jimmy Escareno, President of Westside Little League, stated that the City had sent two letters requesting that the fields be improved to playable condition within 90 days and termination of the lease. Mr. Escareno added that the fields are in playable condition and provided photos showing the maintenance of the fields. Rick Reyes, Westside Little League, Minutes — Regular Council Meeting July 15, 2008 — Page 7 requested that the league keep their lease. Mr. Reyes provided a handout of photos showing the condition of other youth complexes and stated that the Westside fields are in great shape and playable condition. Moses Leyba, 4254 Archdale, stated that the pictures of Westside Little League that were presented at the previous meeting were misleading. Abel Alonzo, 1701 Thames, stated that he was upset by a comment made that the Hispanic community is misrepresented. * * * * * * * * * * * * * Mayor Garrett announced the executive sessions, which were listed on the agenda as follows: 17. Executive session under Texas Government Code Section 551.071 regarding Arnulfo Garcia vs. City of Corpus Christi; Civil Action No. 06-198; In the United States District Court, with possible discussion and action related thereto in open session. 18. Executive session under Section 551.072 of the Texas Government Code to deliberate the purchase, exchange, lease or value of real property — a 7.197 -acre tract of land out of Lot 12, Section 31, Flour Bluff and Encina) Farm and Garden Tracts, for the South Guth Ball Field Relocation Project, with possible discussion and action related thereto in open session. 19. Executive Session under Texas Government Code Section 551.071 to conduct a private consultation with its attorney regarding the City's water supply contract with Nueces County Water Control and Improvement District #4, with possible discussion and action in open session. * * * * * * * * * * * * * Mayor Garrett recessed the regular Council meeting to hold a meeting of the Corpus Christi Community Improvement Corporation (CCCIC). * * * * * * * * * * * * * Mayor Garrett reconvened the Regular Council Meeting. Mayor Garrett referred to Item 11, and a motion was made, seconded and passed to open the public hearing on the following zoning case: Case No. 0608-02, Eloy Salazar and Ricardo Martinez: A change of zoning from "F -R" Farm -Rural District on Tract 1 to an "1-2" Light Industrial District resulting in a change of land use from agricultural to light industrial use and a change of zoning from "F -R" Farm -Rural District on Tract 2 to "B-4" General Business District resulting in a change of land use from agricultural use to commercial use on property described as being 8.012 acres (Tract 1) out of Lots 25 and 26, Section 21, Flour Bluff Encina) Farm and Garden Tracts, located south of Rodd Village and west of the future extension of Rodd Field Road and 18.092 acres (Tract 2) out of Lots 8 and 9, Section 22, Flour Bluff Encinal Farm and Garden Tracts, located south of Rodd Village 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 on Tract 1 and approval of the "B-4" General Business District on Tract 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 for their votes as follows: Minutes — Regular Council Meeting July 15, 2008 — Page 8 11. ORDINANCE NO. 027762 Amending the Zoning Ordinance, upon application by Eloy Salazar and Ricardo Martinez, by changing the Zoning Map in reference to 8.012 acres (Tract 1) out of Flour Bluff Encinal Farm and Garden Tracts, Lots 25 and 26, Section 21, from "F -R" Farm -Rural District to "1-2" Light Industrial District and 18.092 acres (Tract 2) of Flour Bluff Encinal Farm and Garden Tracts, Lots 8 and 9, Section 22, from "F -R" Farm -Rural District to "B-4" General Business 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, and Marez, voting "Aye"; Martinez was absent. * * * * * * * * * * * * * Mayor Garrett opened discussion on Item 12 regarding the first reading to adopt the FY2008- 2009 operating budget and ratifying the increase in property tax revenues from last year's operating budget. Assistant City Manager Oscar Martinez referred to a powerpoint presentation including the proposed amendments to the general fund; the revised adjustments to the general fund projected fund balance; the summary of proposed fund balances for the enterprise funds, internal service funds, debt service funds, and special revenue funds; and the budget calendar. Mr. Martinez recommended that a motion be made to amend the original budgeted amount of $654,498,684 to $654,740,297 to include the proposed amendments. Council members asked questions regarding the possibility for an increase for city employees; whether the proposed employee raise would be considered on July 22"d; whether the water tap fees are incorporated in this budget; whether an increase for the Downtown Management District would be a potential item; providing ambulance service full time on the island; the number of fire engines on the island; whether 4 -wheel drive fire vehicles on the beach are equipped with the proper equipment; whether the budget sets the tax rate; the change in the budget cycle; staffing in the Fire Department to cover additional ambulances; the attrition rate for the Fire Department; the general obligation debt service fund; whether the seawall improvement fund can be used for seawall related costs; whether the seawall debt will be retired early; the expected remaining debt for the seawall in 2013; the amount of interest paid annually for all the City's obligations; a four (4) daywork week; the time taken from the Human Relation director to do the work of the ADA inspector and the impact to the department; municipal court judges salaries; vacancies citywide; the number of frozen positions; the effect of three frozen positions to the budget; the representatives from the Volunteer Center supervising people doing community service at Municipal Court; the number of vacant or frozen positions that are the same level as the Human Relation department position; and ways to offset increased costs. Ms. Cooper made a motion to amending the FY2008-2009 proposed budget by increasing Code Enforcement - $217,733; Sister City - $17,943; Marina Advertising $22,000; and Arts Subgranting - $18, 067; and reducing the citizen survey -$5,000 and the Chief of Staff position - $29,130 for a new total amount of $654,740,297. The motion was seconded by Ms. Martinez and passed. Minutes — Regular Council Meeting July 15, 2008 — Page 9 City Manager Noe said that staff would provide information on options for funding the proposed employee increase. There was a general consensus of the Council to direct staff to bring back a funding plan or alternatives funding sources for the Volunteer Center. Mayor Garrett called for comments from the audience. Abel Alonzo, Chairman for the Committee for Persons with Disabilities, spoke regarding the Intake and ADA investigator positions for the Human Relations Department and asked the Council to consider the safety of the disabled community. Mike Staff, 3122 Leopard, asked questions regarding the funding earmarked for GASB 45 and the amortized payment. Carlos Torres, President of the Corpus Christi Firefighters Association, asked questions regarding the 4% salary increase recommended for firefighters and whether there was a salary comparison done of other cities. City Secretary Chapa polled the Council for their votes as follows: 12.a. FIRST READING ORDINANCE Adopting the City of Corpus Christi budget for the ensuing Fiscal Year beginning August 1, 2008; to be filed with the County Clerk; appropriating monies as provided in the budget. The foregoing ordinance was passed and approved as amended on its first reading with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye". 12.b. FIRST READING ORDINANCE Ordinance to ratify increase of $5,150,870 in Property Tax Revenues from last year's Operating Budget as reflected in the FY 2008-2009 Operating Budget. The foregoing ordinance was passed and approved on its first reading 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 Compensation and Classification Plan for FY2008-2009. Director of Human Resources Cynthia Garcia provided a list of recommended amendments to the compensation and classification plan including eliminating of the definition of City Manager, full-time, part-time and temporary employees; adding Park and Recreation operations skill based pay program; adjusting the minimum wage increase to reflect upcoming changes; adjusting ranges for Police Commander; implementation of a career land for attorneys and information technology; adjustments to the identification department salary structures; clarifying the definition of full-time, part-time, and temporary employees; elimination of coverage for part-time employees in the health program and grandfathering employees that currently have these benefits; clarifying holiday, leave benefits, buyback benefits, and sick leave accrual eligibility, plan II provisions; clarifying and correcting military leave; and clarifying nepotism language. Mayor Garrett called for comments from the audience. Mike Staff, Corpus Christi Police Officers Association, spoke regarding the pay salary for crime scene investigators, finger print examiners, and police commanders. Council members asked questions regarding the health plan coverage and the crime scene investigator career ladder changes. Minutes — Regular Council Meeting July 15, 2008 — Page 10 Ms. Garcia stated that Section 39-309(a) should be amended to include the implementation of the alternate choice plan for Citicare. Ms. Martinez made a motion to amend Section 39-309. The motion was seconded by Mr. Elizondo and passed. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 13. FIRST READING ORDINANCE Amending the Code of Ordinances, Chapter 39, Personnel, Article III, Employee Compensation and Classification System, to revise definitions of Full-time and Part-time Employees, add Parks and Recreation skill -based pay grades, revise Step Pay Rates for Metro -Com Technician, revise Minimum Wage, revise Police Management pay range, add Attorney Career Ladder, add Information Technology Career Ladder, designate FICA Alternative Plan participation by Temporary Employees, revise Part -Time Employee Eligibility and participation in (1) Group Hospitalization (2) Term Life Insurance (3) Disability Insurance (4) Holiday, Sick, Bereavement, Vacation and other leave; clarify Airport Safety Officer eligibility in Vacation Leave Accrual; modify Sick Leave "cash -in" provision; provide that Employee may use Bereavement Leave in death of Son -in -Law, Daughter -in -Law, and Step - Parent; to provide for 15 -day paid Military Leave in one calendar year; to amend Nepotism Section to (1) prohibit Department Head hiring or review of Employee Son -in -Law, Daughter - in -Law, (2) clarify Spouse's relatives, and (3) add provision to continue relationship by affinity despite divorce or death if Child of Marriage is living; to combine Plan I and Plan II Personal Leave into one plan; to combine Plan I and Plan II Bereavement Leave into one plan; repealing all other ordinances, and rules, or parts of ordinances and rules, in conflict with this ordinance; providing for an effective date. The foregoing ordinance was passed and approved as amended on its first reading with the following vote: Garrett, Cooper, Elizondo, Hummel', Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye". Mayor Garrett opened discussion on Item 14 regarding fee and rate increases in support of the FY2008-2009 proposed budget. Assistant City Manager Oscar Martinez announced that Item 14.e. was withdrawn by staff. Mr. Martinez provided a brief summary of the proposed rates including proposed solid waste resources recovery fees; solid waste cart delivery fees; repealing the nonresident library fee; library photocopy fees; reinstating a library collection fee; utility rate increases for water, gas, and wastewater; the cost of service model for water revenues; storm water services; gas commercial meter fees; wastewater fees; revising annual well inspection fees; recovery of electrical services fees for marina slips; and fees for athletic programs. Council members asked questions regarding whether the executive session discussion on municipal water rates will be effected with the passage of the utility rate fees; the timeframe for the mediation process with the Nueces County Water District; the reduction of meter charges for outside city limit customers; and utility recovery fees for the marina. Mayor Garrett called for comments from the audience. Charlie Zahn, Nueces County Water District, asked that the mediation timeframe be extended for longer than 60 days. Mr. Zahn thanked the Council for their willingness to allow the district to resolve the water rate issues. City Secretary Chapa polled the Council for their votes as follows: Minutes — Regular Council Meeting July 15, 2008 — Page 11 14.a. FIRST READING ORDINANCE Amending the Codes of Ordinances, Chapter21, Article IV, Section 21-40, by revising solid waste resource recovery fees; enacting a cart delivery fee; providing an effective date; providing for publication; and providing for penalties. The foregoing ordinance was passed and approved on its first reading with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye". 14.b. FIRST READING ORDINANCE Amending the Code of Ordinances, Chapter 2, Section 2-79 "Fees", by repealing the annual nonresident library fee; providing for a library photocopy fee of $0.15 per page, and reinstating a library collection fee of $10 for accounts referred to collection; providing for an effective date; and providing for publication. The foregoing ordinance was passed and approved on its first reading with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye". 14.c. FIRST READING ORDINANCE Amending the Code of Ordinances, City of Corpus Christi, Chapter 55, Utilities, regarding Water, Gas and Wastewater rates and fees; providing for an effective date; and providing for publication. The foregoing ordinance was passed and approved on its first reading with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, McCutchon, Marez, and Martinez, voting "Aye"; Leal voting "No". 14.d. FIRST READING ORDINANCE Amending the Code of Ordinances, Chapter 35, Article V, Section 35-117, Entitled "Annual Well Inspections", by revising the fees; providing for an effective date; providing for publication and providing for penalties. The foregoing ordinance was passed and approved on its first reading with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye". 44.e. FIRST READING ORDINANCE 14.f. RESOLUTION NO. Resolution authorizing adjustment of parks, recreation, cultural and leisure time activities rental and recreational fees; adding new rental fees and recreational fees for Fiscal Year 2008-2009; providing for publication; providing for an effective date. Minutes — Regular Council Meeting July 15, 2008 — Page 12 The foregoing resolution was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye". * * * * * * * * * * * * * Mayor Garrett referred to Item 16 regarding the Bond Issue 2008 update. City Manager Noe referred to a powerpoint presentation including a background of the process; additional projects; projects deleted or modified; overall costs; and next steps. Council members asked questions regarding the status of the Crosstown Commons project; whether the Crosstown Commons land has been purchased; whether Ocean Drive was eligible for Texas Department of Transportation (TxDOT) participation; the Metropolitan Planning Organization's process for changing TxDOT projects; the two phases for Williams Drive; widening Williams Drive; the drainage on Williams Drive; whether Kostoryz will receive additional turning lanes; bike and pedestrian improvements on Kostoryz; the type of street that Manshiem is considered; whether residential streets are included in the project; setting a timeline for completing projects; public notification of the Bond issue; the affects of inflation on projects; Phase 111 of the Bayfront Master Plan project; the timeframe to complete Phase 1 ofthe Bayfront Master Plan project; the mitigation for Laguna Shores; plans and locations for the hike and bike trails; pay as you go financing; issuing debt; bond counsel and financial advisor fees; the reason that the financial fees for Packery Channel issuances were more expensive; the reason that Coastal Securities was used for the Packery Channel issuances; the reason that M.E. Allison was not used as the advisor for the Packery Channel issuance; the underwriters for other bonds; whether the reissue of Packery Channel bonds was private placement; conversion to government bonds; the City's Bond Counsel; whether lawyer fees are based upon the size of the issuance; whether the Legal Department reviews bond counsel fees; the reason that financial advisors are not selected by a comparable bid process; risks associated with the bond issues; the size and location of the Coastal Securities firm; whether the bond counsel is paid a percentage of the bond issue; the comparison of bond counsel payments; whether there is any recourse on the bond issues; recycling asphalt; whether residential areas will be considered in future bond issues; the costs for roads and infrastructure in the 2004 Bond issue; whether there are ways to accelerate road improvements; the timeframe for the construction of the Oso Creek/Oso Bay Area Park Development; whether there is a design for the Oso Park Development; the location for the beginning construction of the Oso Park Development; whether there is grant funding for the Oso Creek trail system; the reason for not submitting grants for the trail system; and the use of outside the city limit contractors. Council Member Marez recommended that public comment on the Bond issue scheduled for August 12th begin at 5:00 p.m. Council Member McCutchon requested a list of the principals at Coastal Securities. * * * * * * * * * * * * * There being no further business to come before the Council, Mayor Garrett adjourned the Council meeting at 5:44 p.m. on July 15, 2008. * * * * * * * * * * * * *