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HomeMy WebLinkAboutMinutes City Council - 01/20/2009I 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 January 20, 2009, which were approved by the City Council on February 10, 2009. WITNESSETH MY HAND AND SEAL, on this the 10th day of February, 2009. Armando Chapa City Secretary SEAL INDEXED MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting January 20, 2009 - 10:00 a.m. PRESENT Mayor Henry Garrett Council Members: Melody Cooper* Larry Elizondo, Sr. Mike Hummel) Bill Kelly Priscilla Leal John Marez Nelda Martinez ABSENT Mayor Pro Tem Michael McCutchon *Arrived at 10:12 a.m. City Staff: City Manager Angel R. Escobar City Attorney Mary Kay Fischer City Secretary Armando Chapa Mayor Garrett called the meeting to order in the Council Chambers of City Hall. The invocation was delivered by Pastor Don Tuttle with First Christian Church and the Pledge of Allegiance to the United States flag was led by Council Member Bill Kelly. 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 announced that the City Council would take a brief recess at 10:55 a.m. to watch the inauguration of President Barack Obama. * * * * * * * * * * * * Mayor Garrett called for consideration of the consent agenda (Items 1 - 8). City Secretary Chapa announced that Item 8.1. was added on a supplemental agenda and that Item 4 was pulled for amendment. Mr. Abel Alonzo requested that Item 4 be pulled for individual consideration. Council members requested that Items 2 and 8.1. be pulled for individual consideration. City Secretary Chapa polled the Council for their votes as follows: 1. MOTION NO. 2009-012 Motion approving the lease purchase of approximately 5,124 curbside collection containers from Schaefer Systems International, of Charlotte, North Carolina for the total amount of $260,826.24. The award is based on the cooperative purchasing agreement with the Houston Galveston Area Council (H -GAC). The containers will be used in the City's automated collection program. Funds for the lease purchase of the curbside collection containers will be provided through the City's lease/purchase financing program. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, Marez, and Martinez, voting "Aye"; McCutchon was absent. Minutes — Regular Council Meeting January 20, 2009 — Page 2 3. MOTION NO. 2009-013 Motion authorizing the City Manager, or his designee, to execute a construction contract with RCM Constructors of Corpus Christi, Texas in the amount of $ 244,440 for the Wastewater Service Line Repair and Clean -Out Installation Program FY 2008-2009. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummel!, Kelly, Leal, Marez, and Martinez, voting "Aye"; McCutchon was absent. 5. MOTION NO. 2009-016 Motion authorizing the City Manager, or his designee, to execute Amendment No. 1 to an Architectural Services Contract with ArchitecTKO (Terry K. Orf) of Corpus Christi, Texas in the amount of $173,400 for a restated fee of $181,620 for the South Guth Ball Fields relocation to a tract located on Paul Jones Avenue for design, bid, construction phase services. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, Marez, and Martinez, voting "Aye"; McCutchon was absent. 6. FIRST READING ORDINANCE Authorizing the conveyance of property located within the City at 601 14th Street for an affordable housing project to Habitat for Humanity -Corpus Christi, Inc., as a qualified nonprofit corporation, subject to specified conditions; authorizing the City Manager or his designee to execute all necessary documents related to the transaction. The foregoing ordinance was passed and approved on its first reading with the following vote: Garrett, Cooper, Elizondo, Hummel!, Kelly, Leal, Marez, and Martinez, voting "Aye"; McCutchon was absent. 7. ORDINANCE NO. 028029 Amending Sections 14-1304 and 14-1313, Code of Ordinances, City of Corpus Christi, to establish the fees for Third Party Plan Review and Inspections requested by applicant; providing for publication; and providing an effective date. (First Reading 01/13/09) The foregoing ordinance was passed and approved on its second reading with the following vote: Garrett, Cooper, Elizondo, Hummel!, Kelly, Leal, Marez, and Martinez, voting "Aye"; McCutchon was absent. 8. ORDINANCE NO. 028030 Abandoning and vacating a 1,945 -square foot portion of the Lakeside Drive and Mounts Drive (undeveloped and unsurfaced) public street rights-of-way, located at the intersection of the Lakeside Drive and Mounts Drive public street rights-of-way; subject to compliance with the specified conditions. (First Reading 01/13/09) The foregoing ordinance was passed and approved on its second reading with the following vote: Garrett, Cooper, Elizondo, Hummel!, Kelly, Leal, Marez, and Martinez, voting "Aye"; McCutchon was absent. Minutes — Regular Council Meeting January 20, 2009 — Page 3 Mayor Garrett opened discussion on Item 2 regarding lift station improvements. Council Member Leal asked if the lift station at Wooldridge and Airline Road would be considered as a future project. Director of Wastewater Services Foster Crowell stated that the Wooldridge Lift Station is included in the 2009 Capital Improvement Plan (CIP) to improve odor control. City Secretary Chapa polled the Council for their votes as follows: 2. MOTION NO. 2009-013 Motion authorizing the City Manager, or his designee, to execute a construction contract with J.S. Haren Co. of Athens, Tennessee, in the amount of $234,050 for the Lift Station Improvements Project - Lakes, Kennedy Causeway, Hubler (Sugar Tree), Gateway Park, and Weber's Glen. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, Marez, and Martinez, voting "Aye"; McCutchon was absent. Mayor Garrett opened discussion on Item 4 regarding ADA sidewalk accessibility improvements along Staples Street from Leopard Street to Six Points. Abel Alonzo, 1701 Thames, thanked City Manager Escobar and staff for working with the Texas Department of Transportation (TxDOT/) to address ADA improvements. Council Member Marez made a motion to amend Item 4.b. to include "subject to TxDOT concurrence. The motion was seconded by Ms. Martinez. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, Marez, and Martinez, voting "Aye"; McCutchon was absent. City Secretary Chapa polled the Council for their votes as follows: 4.a. ORDINANCE NO. 028028 Ordinance appropriating $1,600,000 in anticipated revenues from the Texas Department of Transportation in the No. 3544 Street 2007A Capital Improvement Program Fund for the Americans with Disabilities Act (ADA) Sidewalk Accessibility Improvements along Staples Street from Leopard Street to Six Points project; changing the FY2008-2009 Capital Improvement Budget adopted by Ordinance No. 028006 to increase appropriations by $1,600,000. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, Marez, and Martinez, voting "Aye"; McCutchon was absent. 4.b. MOTION NO. 2008-015 Motion authorizing the City Manager, or his designee, to execute a construction contract with SLC Construction, LP of Conroe, Texas, in the amount of $2,826,066.92 for Americans with Disabilities Act (ADA) Sidewalk Accessibility Improvements along Staples Street from Leopard Street to Six Points, subject to Texas Department of Transportation (TxDOT) concurrence. (BOND 2004) The foregoing motion was passed and approved as amended with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, Marez, and Martinez, voting "Aye"; McCutchon was absent. Minutes — Regular Council Meeting January 20, 2009 — Page 4 Mayor Garrett opened discussion on Item 8.1. regarding Doddridge Street Improvements — Ocean Drive to South Staples Street. Council Member Hummell asked questions regarding the large drop off at the intersection at Doddridge and Santa Fe. Director of Engineering Services Pete Anaya stated that during construction, the roadway is lowered for drainage. Mr. Anaya added that the intersection should have been transitioned back after completion. Council Member Hummel) asked for a status on the Bond 2008 projects. Mr. Anaya said that staff has submitted Request for Qualification; selected firms for 80% of the projects and is currently meeting with consultants. Mr. Anaya said he anticipates bringing design contracts for Council consideration in February. Council Member Hummel) asked questions regarding the reasons for the change order. City Manager Escobar stated that the change order is a result of modifications made during the Christmas holiday to accommodate businesses in the area. In response to Mayor Garrett, Mr. Escobar stated that work at Santa Fe and Doddridge is not complete and that another layer of asphalt still needs to be added. Council Member Martinez spoke regarding a pothole on Doddridge and Santa Fe. City Secretary Chapa polled the Council for their votes as follows: 8.1. MOTION NO. 2009-017 Motion authorizing the City Manager or his designee to execute Change Order #13 with Haas -Anderson Construction, Ltd. of Corpus Christi, Texas, in the amount of $98,679.85 for a restated amount of $8,407,307.89 for the Doddridge Street Improvements — Ocean Drive to South Staples Street project to expediting construction at the Alameda intersection and southward past the commercial development, improved traffic control and better access to the area businesses during construction. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummel), Kelly, Leal, Marez, and Martinez, voting "Aye"; McCutchon was absent. Mayor Garrett recessed the regular Council meeting to hold a meeting of the Corpus Christi Housing Finance Corporation (CCHFC). Mayor Garrett reconvened the regular Council meeting. Mayor Garrett referred to Item 9 regarding an update on the local economic conditions. Assistant City Manager Oscar Martinez referred to a powerpoint presentation including the recent credit crisis and decline in stock market; economic analysis research; unemployment rates; the impact of the NAS Ingleside realignment and closure; and the effect of the economy to the General Fund, Debt Service Fund, Special Revenue Funds, Internal Service Funds, and the Enterprise Funds. The following topics pertaining to this item were discussed: the current foreclosure rate for housing and whether staff foresees a devaluation of rates. Mayor Garrett called for a brief recess to view the inauguration of President Barack Obama. ************* Mayor Garrett referred to Item 10 regarding a report on Tuloso-Midway Independent School District. Director of Education Initiatives JoAnn Hooks explained that this presentation was the 4th out of six (6) presentations provided by local school districts. Ms. Hooks introduced Superintendent Dr. Cornelio Gonzalez of Tuloso-Midway ISD. Dr. Gonzalez recognized Board Member Hector Del Toro and presentation team members Dr. Timothy Cuff and Carol Sue Hipp. Minutes — Regular Council Meeting January 20, 2009 — Page 5 Dr. Gonzalez and the presentation team members referred to a powerpoint presentation including the demographics; bond construction projects; successes; the AVID program; year round school; cScope program; the drop out and completion rates; community connections; the Education Foundation; partnerships; instructional technology; work development; and challenges. In response to Council Member Kelly, City Manager Escobar stated that the storm water drainage improvements for the Tuloso-Midway area are included in the Capital Improvement Program (CIP). Mayor Garrett called for a brief recess to present proclamations and listen to public comment ............. Mayor Garrett called for petitions from the audience. Wilson Wakefield, 6026 Killarmet, spoke regarding the amount of pollution that will result from the Las Brisas plant. Jack Gordy, 4118 Bray, spoke regarding making Martin Luther King Day a City employee holiday. Tony Hartwell, Public Relations Director for the Coastal Bend Small Bread Rescue, spoke regarding the zoning issues for the property and the letter of sanction by the Animal Care Services Department. Jerome Bradford, 4805 Hamlett Drive, thanked the Mayor for marching on Martin Luther King Day and addressed the issue of City employees not being off on that day. Council Member Marez requested the estimated costs on adding Martin Luther King Day as a City holiday. Council Member Leal also asked staff to review personal leave days. John Kelley, 413 Waco, presented two public information requests submitted on January 8th and the appeals made by the Legal Department to the Attorney General regarding proprietary information. Joan Veith, 5701 Cain Drive, thanked the Mayor and Council for allowing the audience an opportunity to view the historical inauguration. Abel Alonzo, 1701 Thames, spoke regarding the changes in the City and the Country to become truly inclusive and diverse. ************* Mayor Garrett announced the executive sessions, which were listed on the agenda as follows: 14. Executive session under Section 551.071 of the Texas Government Code to conduct a private consultation with its attorney about a settlement offer from HDR Engineering, Inc., relating to Temporary Authorization WWC No. 11899778 for the City of Corpus Christi Cefe Valenzuela Landfill — Municipal Solid Waste Permit No. 2269, with possible discussion and action in open session. 15. Executive session under Section 551.071 of the Texas Govemment Code, Consultation with Attorney, to discuss contemplated litigation, with possible discussion and action in open session. Minutes — Regular Council Meeting January 20, 2009 — Page 6 The Council went into executive session. The Council returned from executive session and the following motion was passed with the following vote: 14. MOTION NO. 2009-018 Motion authorizing the City Manager or designee to execute a settlement agreement with HDR Engineering, Inc., relating to Temporary Authorizing WWC No. 11899778 for the City of Corpus Christi Cefe Valenzuela Landfill — Municipal Solid Waste Permit No. 2269. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Kelly, Leal, Marez, and Martinez, voting "Aye"; Hummell and McCutchon were absent. Mayor Garrett returned to Item 9 regarding an update on the local economic condition. Assistant City Manager Martinez referred to a powerpoint presentation including expenditures with greater flexibility to reduce; additional financial considerations; and actions that may be considered. The following topics pertaining to this item were discussed: salaries and benefits; the effect on the bond ratings for leaving the liability from GASB 45 on the books; current practice for liability; creating an employee committee to discuss the impacts of GASB 45; the economic effects of the smoking ban; the Texas Municipal Retirement System (TMRS); the status of the Federal Stimulus Package; postponing the amendment to the fiscal period; the annual cost for fuel; vehicle replacement; considerations for outsourcing; standardizing the budget process; lumping projects together to receive better price rates; comprehensive street maintenance program and specifications; placing City -owned building on cycle for repairs; overseeing energy efficiency; preparations for the upcoming budget cycle; and inspection procedures for vehicles. There being no further business to come before the Council, Mayor Garrett adjourned the Council meeting at 2:00 p.m. on January 20, 2009.