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HomeMy WebLinkAboutMinutes City Council - 07/06/2010MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting July 6, 2010 - 12:00 p.rn. PRESENT Mayor Joe Adame Mayor Pro Tem Larry Elizondo, Sr. Council Members: Chris Adler Brent Chesney Kevin Kieschnick Priscilla Leal John Marez Nelda Martinez Mark Scott City Staff: City Manager Angel R. Escobar City Attorney Carlos Valdez City Secretary Armando Chapa Mayor Adame called the meeting to order in the Council Chambers of City Hall. The invocation was delivered by Reverend Marcus J. Denson, III with Waves Christian Fellowship and the Pledge of Allegiance to the United States flag was led by Council Member Adler. 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 Adame called for approval of the minutes of the regular Council meeting of June 29, 2010 and the Retreat of June 1, 2010. A motion was made and passed to approve the minutes as presented. * * * * * * * * * * * * Mayor Adame referred to Item 2 regarding the following public hearing: 2. Public Hearing on the Proposed FY 2610-11 Operating Budget. This budget will raise more total property taxes than last year's budget by $1,380,315 (General Fund $913,332, Debt Service Fund $496,524, and Special Revenue ($29,541), or 1.8%, and of that amount an estimated $582,269 is tax revenue to be raised from new property added to the tax roll this year. Assistant City Manager Oscar Martinez referred to a powerpoint presentation including the recommendations for the General Fund, Enterprise Fund, Internal Service Fund, Special Revenue Fund, and Debt Service Fund; pending council actions related to the budget implementation; new initiatives for FY2010-2011; tax rate adoption calendar; and the budget calendar. Mr. Martinez also presented consolidation and reorganization initiatives and spending reduction options for consideration. A motion was made, seconded and passed to open the public hearing. Mayor Adame called for comments from the audience. Bill Kopecky, 3609 Topeka, spoke regarding the utility transfer of $6.2 million and the increase in water rates. Gene Pasahow, 4018 Kingston, spoke regarding opposition to reducing the trash collection; the reduction of mowing and trash collection in City parks; and the elimination of solid waste positions. Mr. Paschal also spoke regarding recycling. Dolores Dees, 4221 Nolford Place, stated that her neighborhood does not support once a week garbage collection and decreased mowing of parks. Linda Strong, 15905 INDEXED Minutes — Regular Council Meeting July 6, 2010 — Page 2 Punta Espada Loop, spoke on behalf of the Art Museum of South Texas and how the reduction of funding would affect funding at the state level. Ms. Strong thanked the staff and Council for helping the Art Museum address this challenge. June Martinez, 4014 Herndon, spoke in opposition to the consideration of the consolidation of the Human Resources/Human Relations Departments. Rolando Garza presented a petition of citizens expressing opposition to once a week garbage collection. Mr. Garza suggested allowing citizens the option of opting out of once a week collection and recycling costs. Maria Gonzalez, 1813 Amazon, spoke regarding the increase in health insurance premiums for civilian employees. Foster Edwards, CEO of the Corpus Christi Chamber of Commerce, stated that the Chamber of Commerce Board unanimously supported the adoption of the current effective tax rate and using the funds for maintenance and repair to improve the City. Lee Gwozdz, Executive Director of the Cathedral Concert Series, asked that the Council restore the Hotel Occupancy Tax (HOT) funds for the arts groups. John Kelley, 413 Waco, spoke regarding the effective tax rate and the consideration of the economic downstream for privatizing City functions. MaryJane Crull, South Texas Botanical Gardens of Corpus Christi, spoke regarding the success of the Botanical Gardens and the use of their annual allocation of HOT funds for outside the area marketing. Ms. Crull requested that the Council consider restoring the funding for the Botanical Gardens in the amount of $20,000. Mary Ann Kelly, 4302 Schanen, spoke in opposition to the increase in utility rates and the once a week garbage collection. Ms. Kelly also stated that there should be some accountability for the uncollected utilities. Tony Armadillo, 510 Poenisch, spoke regarding the impact of the arts programs to the community and requested that funding be restored for the arts programs. J.E. O'Brien, 4130 Pompano, spoke regarding the increase in water and wastewater rates; the issuance of revenue bonds; and postponing the capital improvement projects. Jesse Noyola, 4421 Bluefield, spoke regarding the four day work week for City employees; once a week garbage collection; and the elimination of solid waste positions. Abel Alonzo, 1701 Thames, spoke in support of the effective tax rate; recycling; once a week garbage collection; and supporting the arts. Mr. Alonzo expressed opposition to the consolidation of the Human Relations/Human Resources Departments. Ms. Martinez made a motion to close the public hearing, seconded by Mr. Chesney and passed. The following topics pertaining to this itern were discussed: the Health Care Legislation Reimbursement; the increase for the retiree health insurance; the delinquent utility collections; the employee suggestions incorporated into the budget; the interest rates for debt service; funding for the Art Museum of South Texas; the savings realized for the capital improvement projects; the contingencies to reduce the effective rate from $0.58 to $0.56; the elimination of the Deputy City Manager position; the consolidation of the City's Economic Development Department and the Corpus Christi Regional Economic Development Corporation; the delay of capital improvement projects; the effective tax rate; the reduction of mowing services for parks; contractual commitments; the reduction of the GASB liability; once a week garbage collection; the use of HOT funding to fund the arts programs; concern with the elimination of one Assistant City Manager; the consolidation of the Human Relations/Human Resources departments; marketing the utility bill donation for the arts; privatization efforts; supporting the establishment of a Drainage District; the utility transfer; collective bargaining for city employees; furlough days; the increase of utility rates; and the status on the hiring of the Director of Economic Development position. Ms. Martinez made a motion directing staff to come back with recommendations to appropriate $170,000 for the Art Museum of South Texas. The motion was seconded by Ms. Adler. The foregoing motion was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye". Minutes — Regular Council Meeting July 6, 2010 — Page 3 Council Member Martinez requested that staff provide a report on the employee suggestions that were incorporated into the budget. Council Member Scott requested staff provide information on what other Texas cities are doing for garbage collection. Council Member Scott also requested that staff provide a recommendation to fund the South Texas Botanical Gardens in the amount of $10,000. Council Member Marez expressed consideration to donating his Council salary allocation for next fiscal year to the arts programs. Assistant City Manager Martinez reported that staff will provide options for funding the arts programs that the Council has identified and further funding reduction recommendations for consideration. * * * * * * * * * * * * Mayor Adame referred to Item 15 regarding an update on the American Bank Center Area Public/Private Partnership Based Development. Mayor Adame announced that he would abstain from the discussion on this item. Assistant City Manager Johnny Perales explained that this presentation is intended to inform the Council on the status of the project and introduced Joe Esch with Wallace Bajjali Development Partners, L.P. Mr. Esch referred to a powerpoint presentation including a review of the history, land owners, efforts, and taskforce; the area map; the North Beach area map; North Beach development issues; the North Side area map; the Port property; the Shoreline area and issues; and recommendations. Mr. Perales reported that staff is working with the Corpus Christi Beach Taskforce to update the area development plan for that part of the City and master planning is beginning for the Northside area. The following topics pertaining to this item were discussed: the land ownership of the private properties; business, economic, and geographic limitations on some of the property; and developing policies that impede future private/public partnerships. There was a general consensus to bring back a resolution to Council that articulates the Council's support for the project. * * * * * * * * * * * * Mayor Adame referred to Item 3 and the following board appointments were made: Board of Adjustment Heriberto A. (Tony) Pineda (Appointed) C.C. Business & Job Development Corporation Foster Edwards (Reappointed) Robert Tamez (Reappointed) Eloy Salazar (Reappointed) C.C. Convention & Visitors Bureau Nils Stolzlechner (Reappointed) Robert Tamez (Reappointed) Butch Pool (Reappointed) Bill Morgan (Reappointed) Mark Schaberg (Reappointed) Tom Schmid (Reappointed) Clean City Advisory Committee Paul A. Castorena (Reappointed) Scot Barker (Reappointed) Brian Cornelius (Reappointed) Paige Dinn (Reappointed) Joan Veith (Reappointed) Melissa Espitia (Reappointed) Intergovernmental Commission on Drug/Alcohol Robert Huerta, Jr. (Appointed) Leadership Committee for Senior Services Gloria Gooding (Appointed) Billy Ray Sayles (Appointed) Ida Alvardo Hobbs (Appointed) Hubert Hall (Appointed) Minutes — Regular Council Meeting July 6,2010 -- Page 4 Council Member Chesney requested that the policy stating that no member can serve on more than one city board be extended to non -city boards; grandfathering the current members already serving. There was a consensus of the Council to direct the City Secretary to bring back an amendment to the Council Polices in two weeks. * * * * * * * * * * * * Mayor Adame called for consideration of the consent agenda (Items 4 - 7). There were no comments from the public. City Secretary Chapa polled the Council for their votes as follows: 4. MOTION NO. 2010-163 Motion approving a supply agreement for 2,930 tons of liquid caustic soda with Univar USA, of Corpus Christi, Texas for water chemicals in accordance with Bid Invitation No. BI -0129- 10, based on low bid for an estimated six-month expenditure of $439,210 of which $73,201.66 is required for the remainder of FY 2009-2010. The term of the contract will be for six months with options to extend for up to nine additional six-month periods subject to the approval of the suppliers and the City Manager or his designee. Funds have been budgeted by the Water Department in FY 2009-2010. The foregoing motion was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye". 5. ORDINANCE NO. 028669 Ordinance appropriating $6,680.20 in Fund No. 1020 General Fund from the Department of Justice, Bullet Proof Partnership Grant for 50% reimbursement of the purchase of National Institute of Justice (NIJ)-approved body armor makes and models; changing the FY 2009- 2010 Operating Budget adopted by Ordinance No. 028252 by increasing expenditures and revenues by $6,680.20 each. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye". 6. RESOLUTION NO. 028670 Resolution authorizing the City Manager to execute an Interlocal Cooperation Agreement with the Corpus Christi Regional Transportation Authority for use of fueling facilities. The foregoing resolution was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye". 7 ORDINANCE NO. 028671 Authorizing the City Manager or his designee to execute "1st Amendment to Lease Agreement" (attached) with New Cingular Wireless PCS, LLC to amend the existing lease of City property for cell tower use by: (1) defining the consumer price index to be the All Urban Consumers, Houston-Galveston-Brazoria, All Items Index; (2) giving lessee the right to grant "co -locating use licenses" to portions of the leased premises; (3) requiring lessee to pay the city an annual fee of $9,600 per licensee; (4) replacing lessee's name and address from Southwestern Bell Mobile Systems, Inc. to New Cingular Wireless PCS, LLC; and (5) keeping intact all other terms of the lease. (First Reading — 06108110) Minutes — Regular Council Meeting July 6, 2010 -- Page 5 The foregoing ordinance was passed and approved on its second reading with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye". * * * * * * * * * * * * * MayorAdame referred to Item 8, and a motion was made, seconded and passed to open the public hearing on the following zoning case: Case No. 0510-01, Karen Kay Kosarek Clark, et al: A change in zoning from the "R -1B" One -family Dwelling District to the "1-2" Light Industrial District on 8.77 acres to develop the property for future Tight industrial uses to include a funeral home with a crematorium on approximately 2 acres of the property. The property to be rezoned is an 8.77 acre tractoutof Bohemian Colony Lands, Section 7, Lot 2, generally located at 5925 Ayers Street, approximately 1000 feet south of the intersection of Ayers Street and Holly Road. City Secretary Chapa announced that Council Member Adler would abstain from the discussion and vote on this item. Assistant Director of Development Services Faryce Goode -Macon referred to a powerpoint presentation including an aerial view; the existing land use map; the future land use map; "R-2" and "1-2" allowable uses; and additional views of the subject property. Ms. Macon stated that the Planning Commission and staff recommended approval of the "1-2" Light Industrial District. No one appeared in opposition to the zoning change. Mr. Marez made a motion to close the public hearing, seconded by Mr. Scott, and passed. Mr. Chapa polled the Council for their votes as follows: 8. ORDINANCE NO. 028672 Amending the Zoning Ordinance, upon application by Karen Kay Kosarek Clark, et al, by changing the Zoning Map in reference to an 8.77 acre tract out of Bohemian Colony Lands, Section 7, Lot 2, from "R -1B" One -Family Dwelling 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: Adame, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye"; Adler abstained. MayorAdame referred to Item 9, and a motion was made, seconded and passed to open the public hearing on the following zoning case: Case No. 0510-03, Wallace and Shirley Graham: A change in zoning from the "B-1" Neighborhood Business District to the "B-4" General Business District to develop the property for a veterinary hospital. The property to be rezoned is Stonehenge Unit #1, Block 1, Lot 1 B, located at 7201 South Staples at the intersection of Lipes Boulevard and South Staples Street. Assistant Director of Development Services Faryce Goode -Macon referred to a powerpoint presentation including an aerial view; the existing land use map; the future land use map; views of the subject property; and the"B-1" and "B-4" allowable uses. Minutes — Regular Council Meeting July 6, 2010 — Page 6 Ms. Macon stated that Planning Commission and staff recommend approval of the "B-4 General Business District. In response to Council Member Elizondo, Ms. Macon stated that the re -zoning to "B-4 would allow for a bar establishment. Cliff Atnip, representative for the buyer, stated that the property backs up to the church property. Mr. Atnip reported the cost that the buyer is paying for the property, the cost to remodel the property into an animal hospital, and the minimal parking would be excessive for a bar to buy the property and have a return on investment. Mr. Elizondo made a motion to close the public hearing, seconded by Mr. Scott, and passed. Mayor Adame announced that he would abstain from the vote on this item. Mr. Chapa polled the Council for their votes as follows: 9. ORDINANCE NO. 028673 Amending the Zoning Ordinance, upon application by Wallace and Shirley Graham, by changing the Zoning Map in reference to Stonehenge Unit #1, Block 1, Lot 1 B, from "B-1" Neighborhood Business 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: Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye"; Adame abstained. Mayor Adame referred to Item 10, and a motion was made, seconded and passed to open the public hearing on the following zoning case: Case No. 0510-05, Williams Airline Partner, Ltd.: A change in zoning from the "A-1" Apartment House District and "A-2" Apartment House District to the "B-4" General Business District to accommodate additional parking for commercial development. The property to be rezoned is 0.235 acres out of Wilkey Addition, Unit 2, Lot H located at 5854 Williams Drive, approximately 1,200 feet northwest of the intersection of Williams Drive and Airline Road. Assistant Director of Development Services Faryce Goode -Macon referred to a powerpoint presentation including an aerial view of subject property; the existing land use map; the future land use map; and "A-1", "A-2", and "B-4" allowable uses. Ms. Macon stated that Planning Commission and staff recommended approval of the "B-4" General Business District. No one appeared in opposition to the zoning change. Ms. Martinez made a motion to close the public hearing, seconded by Ms. Adler, and passed. Mr. Chapa polled the Council for their votes as follows: 10. ORDINANCE NO. 028674 Amending the Zoning Ordinance, upon application by Williams Airline Partners, Ltd., by changing the Zoning Map in reference to 0.235 acres out of Wilkey Addition, Unit 2, Lot H from "A-1" Apartment House District and "A-2" Apartment House 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. Minutes — Regular Council Meeting July 6, 2010 — Page 7 An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Adame, Adler, Chesney, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye"; Elizondo was absent. * * * * * * * * * * * * * Mayor Adame recessed the Regular Council meeting to hold a Corpus Christi Industrial Development Corporation (CCIDC) meeting. * * * * * * * * * * * * * Mayor Adame returned the Regular Council meeting. Mayor Adame opened discussion on Item 12 regarding lease of property from the Corpus Christi Industrial Development Corporation (CCIDC) and the naming of the property to the "Manuel Q. Salinas Park." Assistant Director of Parks and Recreation Stacie Talbert provided information on the location of the property; the timeline summary; the Park and Recreation Advisory Committee (PRAC) clarification for naming the property; and information on Manuel Q. Salinas. City Secretary Chapa stated that the ordinance will be adopted in two readings with the second reading being held on July 13`" There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 12.a. MOTION NO. 2010-164 Motion to authorize the City Manager or his designee to execute a lease from Corpus Christi Industrial Development Corporation to lease to the City approximately 91.70 acres tract of land out of Tract G, as shown on Cliff Maus Tracts "C, 0, E, F and G," Nueces County, Texas, located near intersection of Airport Road at Horne Road, for recreational purposes. The foregoing motion was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye". 12.b. FIRST READING ORDINANCE Ordinance naming approximately 51.14 acres of Lot 9, Block 7, Cliff Maus Tracts, located near intersection of Airport Road at Horne Road, the Manuel Q. Salinas Park. The foregoing ordinance was passed and approved on its first reading with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye" Mayor Adame opened discussion on Item 13 regarding the O.N. Stevens Facilities Feed Optimization Improvements (ChlorinefChloramine Optimization Assessment). Director of Engineering Services Pete Anaya introduced the presentation team including Director of Water Operations Gus Gonzalez; Assistant Directorof Engineering Services Dan Biles; Deputy Directorof Water Mark Van Vleck; O.N. Stevens Plant Manager Steve Carpenter; and representatives from LNV Engineering, Corolla Engineering, and Bath Engineering. Minutes — Regular Council Meeting July 6, 2010 — Page 8 Mr. Biles referred to a powerpoint presentation including a background; the benefits of the project; the existing C.N. Stevens Water Treatment Plant (ONSWTP) processes; ongoing improvements; the hydraulic capacity; ONSWTP improvements; plant headworks improvements site plan; the project scope; project coordination; project costs; estimated construction costs; fees for services; project schedule; and the summary of benefits. The following topics pertaining to this item were discussed: the future transition from gaseous chlorine to sodium hypochlorite disinfectant; the reason the project could not be delayed; federal funding opportunities; and whether it would be more cost effective to build a newer plant. Mayor Adame called for comments from the audience. Abel Alonzo, 1701 Thames, spoke regarding the cost to build a new facility; delaying the project; and preparing the plant for the Las Brisas Plant. City Secretary Chapa polled the Council for their votes as follows: 13. MOTION NO. 2010-165 Motion authorizing the City Manager or his designee to execute Amendment No. 1 to the Contract for Professional Services with LNV Engineering of Corpus Christi, Texas, in the amount of $1,832,547 for a total restated fee of $1,875,447 for design, bid, construction phase and additional services for the O.N. Stevens Facilities Feed Optimization Improvements (Chlorine/ Chloramine Optimization Assessment). (C1P 2010) The foregoing motion was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Leal, Marez, Martinez, and Scott, voting "Aye'; Kieschnickwas absent. * * * * * * * * * * * * * Mayor Adame called for petitions from the audience. Joe Wilson; April Ybarra, 4309 Fir; Nancy Ybarra, 4309 Fir; Tim Dowling, 8017 Viilefranche; Isabel Palacios, 5929 Raven Hill; and Margaret Oliveira Dechant, 7405 Lake Travis, spoke regarding the benefits of the Sister City Program and expressed support for funding the program in the budget. Council Member Marez asked staff to bring back a recommendation to fund the Sister City Program in the amount of $18,000. Council Member Martinez asked questions regarding the continuous reduction of the Sister City Program. * * * * * * * * * * * * * Mayor Adame opened discussion on Item 14 regarding the restructuring, outsourcing, and privatization services. Assistant City Manager Oscar Martinez explained that this item includes a presentation from Crowe Horwath, LLP on the results of the Phase 1 Initiative; an ordinance appropriating funding for Phase 2; and the execution of a service agreement with Crowe Horwath LLP for Phase 2. Mr. Martinez introduced the presentation team including John Hulburt, Tom Guevara, and Alicia Antonetti-Tricker with Crowe Horwath, LLP who were available to respond to questions. Mr. Hulbert referred to a powerpoint presentation of the assessment including a heat map identifying the initiatives evaluated; a bubble chart prioritizing the privatization initiatives by quadrants and the timeframe to begin realizing savings; a cost savings analysis; a timeline on privatization efforts to annualize savings; initiatives that the City has already privatized or restructured; and next steps for Phase 2. Minutes — Regular Council Meeting July 6, 2010 — Page 9 The following topics pertaining to this item were discussed: addressing the initiatives by quadrants; whether the cost savings analysis was determined by all cities or comparable cities to Corpus Christi; the current City functions for the initiatives; the best practice savings for street maintenance; the total projected opportunity to gain efficiencies ranges; the recommendation from Crowe Horwath on which initiatives the City could have the most savings; the project scope for Phase 2; the project cash flow statement; concern with the generalities of the assessment provided by Crowe Horwath; if staffs recommends expending additional funds to move forward with the assessment; whether staff concurs with the projected cost savings analysis; if any initiatives were utilized in the current budget cycle; focusing on long term savings versus short term savings; the projected cost Phase 3 and the scope of services; whether the City has the ability or the capacity to manage the reorganization and privatization internally; the structure of the agenda item; and the savings for reorganization initiatives. Council Member Leal requested an organizational chartwith the changes that are expected to be implemented. Council Member Kieschnick recommended that the item be tabled to allow the Council additional time to consider the items discussed today. Mayor Adame called for comments from the audience. Abel Alonzo, 1701 Thames, spoke regarding Council's support of staffs recommendations. Council Member Scott made a motion to table this item until July 20, 2010. The motion was seconded by Mr. Kieschnick. The foregoing motion was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye". 14.b. TABLED TO JULY 20, 2010 14.c. TABLED TO JULY 20, 2010 * * * * * * * * * * * * * Mayor Adame announced that Item 16 was withdrawn by staff. * * * * * * * * * * * * * Minutes — Regular Council Meeting July 6, 2010 — Page 10 There being no further business to come before the Council, Mayor Adame adjourned the Council meeting at 6:10 p.m. on July 6, 2010. ************* I 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 9, 2010, which were approved by the City Council on July 13, 2010. WITNESSETH MY HAND AND SEAL, on this the 9th day of July, 2010. Armando Chapa City Secretary SEAL