HomeMy WebLinkAboutMinutes City Council - 01/27/2009I 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 27, 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
wfFXED
MINUTES
CITY OF CORPUS CHRISTI, TEXAS
Regular Council Meeting
January 27, 2009 - 10:00 a.m.
PRESENT
Mayor Henry Garrett
Mayor Pro Tem Michael McCutchon
Council Members:
Melody Cooper
Larry Elizondo, Sr.
Mike Hummell
Bill Kelly
Priscilla Leal
John Marez
Nelda Martinez
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 Council Member Nelda Martinez and the Pledge of
Allegiance to the United States flag was led by Council Member Michael McCutchon.
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 January
13, 2009. 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:
Committee for Persons with Disabilities
Harvey Salinas (Reappointed)
Herman Lee Jones II (Reappointed)
Will S. Hinojosa (Appointed)
Dr. Candelario Huerta (Appointed)
Mayor Garrett called for consideration of the consent agenda (Items 3 - 11). There were no
comments from the public. Council members requested that Items 3 and 8 be pulled for individual
consideration. City Secretary Chapa polled the Council for their votes as follows:
4. RESOLUTION NO. 028031
Resolution authorizing the submission of a grant application in the amount of $224,772 to
the State of Texas, Office of the Governor, Criminal Justice Division for funding available to
address gang issues, funds to be used for overtime and fringe benefits in the Police
Department; 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, Cooper,
Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye".
Minutes — Regular Council Meeting
January 27, 2009 — Page 2
5. RESOLUTION NO. 028032
Resolution authorizing the City Manager or designee to submit a grant application to the
Texas Commission on the Arts in the amount of $10,000 for the 2010 Arts Subgrant
Program with a City match of $10,000 in the No. 1030 Arts Grants/Projects Fund.
The foregoing resolution was passed and approved with the following vote: Garrett, Cooper,
Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye".
RESOLUTION NO. 028033
Resolution authorizing the City Manager or his designee to submit a grant application to the
Texas Commission on the Arts in the amount of $15,000 for the 2010 Festival of the Arts
with a City match of $15,000 in the No. 1030 Arts Grants/Projects Fund.
The foregoing resolution was passed and approved with the following vote: Garrett, Cooper,
Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye".
7. MOTION NO. 2009-020
Motion authorizing the appointment of an ad hoc peer arts panel to the Arts and Cultural
Commission, consisting of two professionals and two community peers to provide a
recommendation for the Downtown Police Department Building "Percent for Art" Project.
The foregoing motion was passed and approved with the following vote: Garrett, Cooper,
Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye".
9.a. RESOLUTION NO. 028034
Resolution authorizing the City Manager or his designee to execute Amendment No. 1 to the
Advance Funding Agreement in the amount of $13,200 for Americans with Disabilities Act
(ADA) Accessible Ramps at multiple locations on Staples Street from Six Points to Louisiana
Parkway and on Water Street from Coopers Alley to Interstate Highway 37, made by and
between the State of Texas, acting by and through the Texas Department of Transportation,
hereinafter called the "State", and the City of Corpus Christi. [BOND ISSUE 2004]
The foregoing resolution was passed and approved with the following vote: Garrett, Cooper,
Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye".
9.b. MOTION NO. 2009-022
Motion authorizing the City Manager, or his designee, to execute Amendment No. 2 to the
Contract For Professional Services with Martinez, Guy & Maybik of Corpus Christi, Texas in
the amount of $395,383, for a total re -stated fee of $578,603 for Americans with Disabilities
Act (ADA) Accessible Ramps at multiple locations on Staples Street from Six Points to
Louisiana Parkway and on Water Street from Coopers Alley to Interstate Highway 37.
[BOND ISSUE 2004]
The foregoing motion was passed and approved with the following vote: Garrett, Cooper,
Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye".
Minutes — Regular Council Meeting
January 27, 2009 — Page 3
10. MOTION NO. 2009-023
Motion authorizing the City Manager, or his designee, to execute Change Order No. 1 to the
construction contract with Big State Excavation of Corpus Christi, Texas, in the amount of
$88,180.25 for a total restated fee of $1,460,600.25 for the Wood River Lift Station Force
Main Extension Base Bid B Contract due to changes in bid unit quantities as a result of
shifting the force main to the east and installation of a traffic island at River Wood and FM
624.
The foregoing motion was passed and approved with the following vote: Garrett, Cooper,
Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye".
11. ORDINANCE NO. 028035
Authorizing the conveyance of property located within the City at 601 14`h 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; and providing for
severance. (First Reading —1/20/09)
The foregoing ordinance was passed and approved on its second reading with the following
vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez,
voting "Aye".
Mayor Garrett opened discussion on Item 3 regarding a service agreement for mowing at
water production facilities. Council Member Leal expressed concern that awarding the agreement to
Sierra Services for Group 2 would cost the taxpayers more money because MJ Maintenance was
the lower bidder for Group 2. Assistant Director of Financial Services Mike Barrera explained that
Sierra Services conditioned their bid to all or none and therefore Group 1 and Group 2 could not be
awarded separately. Mr. Barrera stated that awarding the total contract to MJ Maintenance would be
more expensive. Mr. Barrera added that the total savings for awarding the total contract to Sierra
Services would be over $8,000. In response to Council Member McCutchon, Mr. Barrera said he did
not see a benefit in awarding Group 2 and re -bidding Group 1. Council Member Kelly asked whether
each company had an opportunity to package their bids or bid by groups. Mr. Barrera answered that
the companies had either option.
Council Member Leal made a motion to award the contract to MJ Maintenance at a cost
savings of $9,682.80. The motion failed for lack of second.
Council Member Martinez asked questions regarding the 29% increase in fuel charge from
2004 and how fuel charges were determined. Mr. Barrera stated that the bid does not include
detailed pricing and that pricing is determined on the cost per acre and mowing cycle. Mr. Barrera
said that he did not believe the price difference is based just on fuel. Council Member Hummell
asked for the reasons that Green Tree Lawn Care did not meet the equipment requirements. Mr.
Barrera explained that the specifications stated that the bidder's were required to have large
tractors, riding lawn mowers, push mowers, back -wing mowers, pull behind mower decks, slope
mower, blade edger, and stream line trimmers and blowers. Council Member McCutchon asked how
Sierra Services managed to stay in business if they were using pricing from 2004. Mr. Barrera stated
that the contracts allow for adjustments at the time of extension. City Secretary Chapa polled the
Council for their votes as follows:
Minutes — Regular Council Meeting
January 27, 2009 — Page 4
3. MOTION NO. 2009-019
Motion approving a service agreement with Sierra Services, of Sinton, Texas for Mowing of
Water Production Facilities, based on best value in accordance with Bid Invitation No. BI -
0164 -08 for an estimated annual expenditure of $195,410 of which $97,704.96 is budgeted
for the remainder of FY 2008-2009. The term of the service agreement shall be for twelve
months with an option to extend for up to two additional twelve-month periods subject to the
approval of the contractor and the City Manager or his designee. Funds have been budgeted
by the Water Department in FY 2008-2009.
The foregoing motion was passed and approved with the following vote: Garrett, Cooper,
Elizondo, Hummell, Kelly, McCutchon, Marez, and Martinez, voting "Aye"; Leal was absent.
Mayor Garrett opened discussion on Item 8 regarding the Ward Building Rehabilitation and
Parking Lot. In response to Council Member Kelly, City Manager Escobar stated that the Ward
Building is being restored and this contract is for weatherproofing of the building. City Secretary
Chapa polled the Council for their votes as follows:
8. MOTION NO. 2009-021
Motion authorizing the City Manager or his designee to execute Amendment No. 1 to the
contract for professional services with Solka, Nava, and Torno, LLC in the amount of
$39,328, for a total restated fee not to exceed $89,232 for the Wards Building Rehabilitation
and Parking Lot.
The foregoing motion was passed and approved with the following vote: Garrett, Cooper,
Elizondo, Hummell, Kelly, McCutchon, Marez, and Martinez, voting "Aye'; Leal was absent.
Mayor Garrett referred to Item 12, and a motion was made, seconded and passed to open
the public hearing on the following zoning case:
Case No. 1208-01, Mostaghasi Investment Trust: A change of zoning from a "R-1 B" One -
family Dwelling District to a "B-4" General Business District resulting in a change of land use
from residential to commercial described as 11.420 acres out of Nueces River Irrigation Park
Block 2, Lot 1 located on the west side of County Road 69 approximately 525 feet south of
Northwest Boulevard.
City Secretary Chapa stated that the Planning Commission and staff recommended denial of
"B-4" General Business District and approval of a "B-1" Neighborhood Business District.
No one appeared in opposition to the zoning change. Mr. Kelly made a motion to close the
public hearing, seconded by Ms. Cooper, and passed. Mr. Chapa polled the Council for their votes
as follows:
12. ORDINANCE NO. 028036
Amending the Zoning Ordinance, upon application by Mostaghasi Investment Trust, by
changing the Zoning Map in reference to 11.42 acres out of east one-half (1/2) of Lot 1,
Block 2, Nueces River Irrigation Park, from "R -1B" One -family Dwelling District to "B-1"
Neighborhood Business District; amending the Comprehensive Plan to account for any
Minutes — Regular Council Meeting
January 27, 2009 — Page 5
deviations from the existing Comprehensive Plan; providing a repealer clause; providing a
penalty; and providing for publication.
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and
Martinez, voting "Aye".
Mayor Garrett referred to Item 13, and a motion was made, seconded and passed to open
the public hearing on the following zoning case:
Case No. 1208-02, Portland U -Rent It— SPID: A change of zoning from a "R-1 B" One -family
Dwelling District to an "1-3" Heavy Industrial District resulting in a change of land use from
single-family residential to heavy industrial for an above ground fuel storage tank described
as 400 -square feet out of Joslin Tracts Block A, Lot 5-B located at 7336 South Padre Island
Drive, approximately 1,050 feet east of Rodd Field Road.
City Secretary Chapa stated that the Planning Commission and staff recommended denial of
an "1-3" Heavy Industrial District, and in lieu thereof, approval of a Special Permit for one (1) UL2085
above ground fuel storage tank not to exceed 500 gallons subject to a site plan and four conditions.
Council Member Hummel) asked questions regarding what the tank would be used for; how
long the facility has been there; and how the company is currently filling the machines. Bart Helms,
property owner, explained that the tank would store diesel gas to fill the rental machines. Mr. Helms
stated that the rental facility has been at that location since 2004 and that a diesel tank came with
the property. Mr. Helms added that the Fire Marshall has stated that the tank needs to be upgraded
to meet the Fire Department's requirements. Council Member Hummell asked whether the current
tank is permitted. Assistant Director of Development Services Faryce Goode -Macon said that the
tank was permitted and this tank is a replacement. Ms. Macon added that once the old tank was
removed, the new tank would be noncompliant. Assistant Chief Michael Hernandez provided a brief
explanation of the tank and its requirements.
No one appeared in opposition to the zoning change. Ms. Martinez made a motion to close
the public hearing, seconded by Ms. Cooper, and passed. Mr. Chapa polled the Council for their
votes as follows:
13. ORDINANCE NO. 028037
Amending the Zoning Ordinance, upon application by Portland U -Rent -It, Inc., by changing
the Zoning Map in reference to 400 square feet out of Joslin Tracts, Block A, Lot 5-B, from
"R-1 B" One -family Dwelling District to "R-1B/SP" One -family Dwelling District with a Special
Permit to allow one (1) UL2085 above ground fuel storage tank not to exceed 500 gallons,
subject to a site plan and four (4) conditions; amending the Comprehensive Plan to account
for any deviations from the existing Comprehensive Plan; providing a repealer clause;
providing a penalty; and providing for publication.
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Garrett, Elizondo, Hummel), Kelly, Leal, McCutchon, Marez, and Martinez,
voting "Aye"; Cooper was absent.
Mayor Garrett referred to Item 14, and a motion was made, seconded and passed to open
the public hearing on the following zoning case:
Minutes — Regular Council Meeting
January 27, 2009 — Page 6
Case No. 1208-03, Portland U -Rent -It — Cantwell: A change of zoning from an "1-2" Light
Industrial District to an "1-3" Heavy Industrial District on a 900 -square foot tract of property
located at 905 Cantwell Drive.
City Secretary Chapa stated that the Planning Commission and staff recommended denial of
an "1-3" Heavy Industrial District, and in lieu thereof, approval of Special Permit for one (1) UL2085
above ground fuel storage tank not to exceed 500 gallons subject to a site plan and four conditions.
No one appeared in opposition to the zoning change. Mr. Kelly made a motion to close the
public hearing, seconded by Ms. Cooper, and passed. Mr. Chapa polled the Council for their votes
as follows:
14. ORDINANCE NO. 028038
Amending the Zoning Ordinance, upon application by Portland U-Rent-lt, Inc., by changing
the Zoning Map in reference to a 900 -square foot tract of property out of Braselton Tract
from "1-2" Light Industrial District to "I-2/SP" Light Industrial District with a Special Permit to
allow one (1) UL2085 above ground fuel storage tank not to exceed 500 gallons, subject to a
site plan and four (4) conditions; amending the Comprehensive Plan to account for any
deviations from the existing Comprehensive Plan; providing a repealer clause; providing a
penalty; and providing for publication.
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Garrett, Cooper, Elizondo, Hummel!, Kelly, Leal, Marez, and Martinez,
voting "Aye"; McCutchon was absent.
City Manager Escobar announced that Item 15 was postponed.
15. POSTPONED
Public hearing and First Rqading Ordinance to consider amending the Corpus Christi Zoning
Ordinance by adding new definitions in Sections 3 01, adding a new Article 27d, and
the City's Comprehensive Plan; repealing conflicting ordinances; and providing for
publication.
Mayor Garrett opened discussion on Item 16 regarding ordering a General Election to be
held on April 4, 2009. City Secretary Chapa explained that this ordinance calls the election for the
Mayor and Council on April 4, 2009; authorizes the City Secretary to contract with Nueces County
for election equipment and necessary assistance; authorizes joint election agreements with Flour
Bluff, West Oso and London Independent School Districts; and for the selection of May 9, 2009 as
the Runoff election date, if one is necessary.
The following topics pertaining to this item were discussed: the cost saving of having ajoint
election; whether there will be another election this year for the Charter amendments; if the
November 2009 election was budgeted; and whether a Charter amendment election could be
delayed.
There were no comments from the audience. City Secretary Chapa polled the Council for
their votes as follows:
Minutes — Regular Council Meeting
January 27, 2009 — Page 7
16. ORDINANCE NO. 028039
Ordinance ordering a General Election to be held on April 4, 2009, in the City of Corpus
Christi for the election of Mayor and eight Council Members; providing for procedures for
holding such election; providing for notice of election and publication thereof; providing for
establishment of branch early polling places; designating polling place locations; authorizing
the City Secretary to contract with the Nueces County Election Officer for equipment and
supplies necessary to conduct the election; authorizing Joint Election Agreements with Flour
Bluff Independent School District, London Independent School District and West Oso
Independent School District; selection of May 9, 2009, as the Runoff Election date, if one is
necessary; enacting provisions incident and relating to the subject and purpose of this
ordinance.
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and
Martinez, voting "Aye".
Mayor Garrett opened discussion on Item 17 regarding the authorization of financial
underwriters. Interim Director of Financial Services Constance Sanchez provided an overview of this
item including the Request for Qualifications (RFQ) process; review by the review committee;
categorization; evaluation; and selection of the list. Ms. Sanchez said that staff will provide an
updated list in the next six (6) months to make sure the list includes the most accurate information
as possible.
Council Member Hummell asked questions regarding the reason that seven (7) responders
were not recommended. Ms. Sanchez stated that some of the responders lacked presence in Texas
and two of the smaller firms may not have been able to accommodate the needs of the City.
There were no comments from the audience. City Secretary Chapa polled the Council for
their votes as follows:
17. MOTION NO. 2009-024
Motion approving authorized list of financial underwriters.
The foregoing motion was passed and approved with the following vote: Garrett, Cooper,
Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye".
City Manager Escobar announced that Items 18 and 19 were postponed until February 10.
2009
18. POSTPONED UNTIL FEBRUARY 10, 2009
19. POSTPONED UNTIL FEBRUARY 10, 2009
„- - -- •- - .. ---- • .._. - 11
Markets as Senior Manager; Estrada Hinojosa & Company, Inc., Frost Bank, Siebert
Minutes — Regular Council Meeting
January 27, 2009 — Page 8
1S•
* * * * * * * * * * * * *
Mayor Garrett announced the executive sessions, which were listed on the agenda as
follows:
20. Executive session under Section 551.072 and Section 551.087 of the Texas Government
Code for deliberations regarding the lease of real property and for deliberations regarding
the offer of a financial or other incentive to a business prospect relating to Memorial
Coliseum, with possible discussion and action related in open session.
21. Executive Session under Section 551.072 and Section 551.087 of the Texas Government
Code Section regarding lease of real property and to discuss or deliberate regarding
commercial or financial information received from a business prospect to locate, stay, or
expand in or near the City of Corpus Christi Marina, with possible discussion and action in
open session.
The Council went into executive session. The Council returned from executive session.
*************
Mayor Garrett called for petitions from the audience. Wilson Wakefield, 6026 Killarmet,
asked the Council to stop the Las Brisas plant from coming to the City and spoke regarding the
pollution and economic affects of the plant. Nita Smith, 13518 King Phillip Court, expressed concern
regarding pollution resulting from a proposed pipe plant in Portland and the Las Brisas plant. Ms.
Smith said the Las Brisas plant would not lower electric rates and would raise pollution. Council
Member Marez asked for a status on photovoltaic cells. Council Member McCutchon spoke
regarding the update provided by Director of Intergovernmental Relations Rudy Garza on the wind
energy production facility. Joan Veith, 5701 Cain Drive, thanked the Council for reinstating the
possum pickup and commended Animal Care Services Manager Kelli Copeland and staff for doing
their jobs in a timely manner. Dr. Greg Silverman, 331, Del Mar, expressed concern regarding the
health risks associated with the Las Brisas Plant. Sheila Cudd, 7106 Fort Collins, spoke regarding
the Las Brisas project, health issues, and pollution.
Mayor Garrett announced that the City Council will receive a recommendation from the
Memorial Coliseum Committee on February 10'".
* ************
There being no further business to come before the Council, Mayor Garrett adjourned the
Council meeting at 12:30 p.m. on January27, 2009.