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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.