HomeMy WebLinkAboutMinutes City Council - 03/31/2009I 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 March 31, 2009, which were approved by the City
Council on April 14, 2009.
WITNESSETH MY HAND AND SEAL, on this the 14th day of April, 2009.
Armando Chapa
City Secretary
SEAL
MINUTES
CITY OF CORPUS CHRISTI, TEXAS
Regular Council Meeting
March 31, 2009 - 10:00 a.m.
PRESENT
Mayor Henry Garrett
Mayor Pro Tem Larry Elizondo, Sr.
Council Members:
Melody Cooper
Mike Hummel)
Bill Kelly
Priscilla Leal
Michael McCutchon
Nelda Martinez
ABSENT
John Marez
City Staff:
City Manager Angel R. Escobar
Assistant City Attorney Jay Reining
City Secretary Armando Chapa
Mayor Garrett called the meeting to order in the Council Chambers of City Hall
The invocation was delivered by Pastor Corey Endsley with The Church of Acts and the
Pledge of Allegiance to the United States flag was led by Council Member Melody Cooper.
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.
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Mayor Garrett called for consideration of the consent agenda (Items 1— 5.1.). City Secretary
Chapa announced that Item 5.1. was added to consent on a supplemental agenda. There were no
comments from the public. Council members requested that Items 2 and 5 be pulled for individual
consideration. City Secretary Chapa polled the Council for their votes as follows:
1.a. MOTION NO. 2009-074
Motion authorizing the City Manager or his designee to accept supplemental funding in the
amount of $100,000 from the Governor's Division of Emergency Management, Texas
Department of Public Safety, for additional funding eligible under the FY 2008-2009 Local
Border Security Program and to execute all related documents.
The foregoing motion was passed and approved with the following vote: Garrett, Cooper,
Elizondo, Rummell, Kelly, Leal, McCutchon, and Martinez, voting "Aye"; Marez was absent.
1.b. ORDINANCE NO. 028102
Ordinance appropriating $100,000 from the Governor's Division of Emergency Management,
Texas Department of Public Safety in the No. 1061 Police Grant Fund for overtime
associated with the Border Star Program.
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, and
Martinez, voting "Aye"; Marez was absent.
Minutes — Regular Council Meeting
March 31, 2009 — Page 2
ORDINANCE NO. 028104
Ordinance authorizing the City Manager or his designee to execute a one-year lease
agreement with Matt Danysh, beginning April 1, 2009 for crop farming on approximately
567.3 acres located at the Corpus Christi International Airport in consideration of the
payment of fee of $55 per acre.
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, and
Martinez, voting "Aye"; Marez was absent.
4. MOTION NO. 2009-075
Motion authorizing the City Manager or his designee to execute Amendment No. 1 to the
Contract for Professional Services with Coym, Rehmet & Gutierrez Engineering, L.P., in the
amount of $226,780 for a total re -stated fee of $275,565 for the Sharpsburg Lift Station and
Up River Road Force Main Rehabilitation Project for design, bid, construction and additional
phase services.
The foregoing motion was passed and approved with the following vote: Garrett, Cooper,
Elizondo, Hummell, Kelly, Leal, McCutchon, and Martinez, voting "Aye"; Marez was absent.
5.1. RESOLUTION NO. 028105
Resolution authorizing the City Manager or his designee to submit a grant application in the
amount of $2,293,200 to the U. S. Department of Justice, COPS Office, for the COPS Hiring
Recovery Program to hire ten additional police officers with the Police Department and to
execute all related documents.
The foregoing resolution was passed and approved with the following vote: Garrett, Cooper,
Elizondo, Hummell, Kelly, Leal, McCutchon, and Martinez, voting "Aye"; Marez was absent.
Mayor Garrett opened discussion on Item 2 regarding the City's WiFi Network. Council
Member Leal asked questions regarding whether the City would scale down WiFi expenses due to
the economic times and MIS allocations. John Sendejar, MIS, explained that the WiFi network is
used for the Automated Meter Reading System (AMR) and that staff is currently reviewing the
budget. Mr. Sendejar stated that staff would provide a report on the status of the network. Director of
MIS Michael Armstrong explained that MIS allocations include network, applications and computer
support. Council Member Leal requested a breakdown of the MIS charges for the American Bank
Center. City Secretary Chapa polled the Council for their votes as follows:
2. ORDINANCE NO. 028103
Ordinance authorizing the City Manager or his designee to execute an amended Agreement
for Services between the City of Corpus Christi and the Corpus Christi Digital Community
Development Corporation regarding the City's Wi-Fi network.
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, and
Martinez, voting "Aye"; Marez was absent.
Minutes — Regular Council Meeting
March 31, 2009 — Page 3
Mayor Garrett opened discussion on Item 5 regarding Airline Road from Saratoga to Rodd
Field Road. Council Member Leal asked questions regarding the reason that construction stopped
at Rodd Field instead of Yorktown. Director of Engineering Pete Anaya stated that construction to
Rodd Field is designed to make the intersection safer and that staff will consider Yorktown in the
future. Council Member Hummell requested that an item be placed on the agenda to allow the
Council to provide input on the 2008 Bond projects. City Manager Escobar said the information on
the bond projects would be provided in the City Manager's packet and an item would be placed on
the agenda for April 14`h. Council Member Elizondo requested that staff also provide information on
the priorities of the projects. Council Member Cooper asked whether the construction on Cimarron
Road could be completed sooner. Mr. Anaya said he would work with HDR engineering to review
the schedule. City Secretary Chapa polled the Council for their votes as follows:
5. MOTION NO. 2009-076
Motion authorizing the City Manager or his designee to execute a Contract for Professional
Services with HDR Engineering, Inc. from Corpus Christi, Texas in the amount of
$1,127,716, for Airline Road from Saratoga Boulevard to Rodd Field Road Project for
design, bid and construction phase services. (BOND ISSUE 2008)
The foregoing motion was passed and approved with the following vote: Garrett, Cooper,
Elizondo, Hummell, Kelly, Leal, McCutchon, and Martinez, voting "Aye"; Marez was absent.
Mayor Garrett referred to Item 9 regarding the Corpus Christi Regional Economic
Development Corporation (EDC) Quarterly Report. CEO/President of the EDC Roland Mower
referred to a powerpoint presentation including an overview; success and pending projects; the
Think BIG campaign; three prong strategy; the Regional Opportunities Council; significant
organizational changes; programmatic transformation; campaign summary; activity summary for
2009 year to date; campaign summary; activity summary for 2009; compliance reports; employment;
and existing industry surveys
The following topics pertaining to this item were discussed: the status of the two new
enterprise zone slots; the jobs created and retained; the current appropriation received from the
stimulus bill; renewable energy projects; the health care sector; whether the Council missed
business opportunities; the issues with the Whataburger headquarters; whether the EDC will work
with the U.S./China Exchange Association; building relations with China; developing better
relationships with financial institutions; preparing a portfolio of existing tools and resources; the
immediate short-term wish list for the EDC; budget increases for the Economic Development Office;
code of ethical conduct; military alliance; the Las Brisas plant; whether the EDC has looked at power
plants that convert trash to power; whether the EDC keeps track of the businesses that are closing;
educating the public on companies and projects interested in coming to the City; the status of the
Bayshore Technologies and ReNu Power projects; and decreased employment numbers.
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Mayor Garrett opened discussion on Item 6 regarding the issuance of City of Corpus Christi,
Texas General Improvement Bonds, Series 2009. Interim Director of Finance Constance Sanchez
provided a brief overview including the amount of the bonds; issuance of the remaining bonds; the
structured perimeter sale; the documents; and the financial team.
Minutes — Regular Council Meeting
March 31, 2009 — Page 4
The following topics pertaining to this item were discussed: whether the 5% guarantee return
of investment for the Texas Municipal Retirement System (TMRS) fund will affect the bond ratings
and if the fire station improvements are included in the capital projects.
There were no comments from the audience. City Secretary Chapa polled the Council for
their votes as follows:
6. ORDINANCE NO. 028106
An Ordinance by the City Council of the City of Corpus Christi, Texas authorizing the
issuance of "City of Corpus Christi, Texas General Improvement Bonds, Series 2009",
levying an annual ad valorem tax, within the limitations prescribed by law, forthe payment of
the bonds; prescribing the form, terms, conditions, and resolving other matters incident and
related to the issuance, sale, and delivery of the bonds; including the approval and
distribution of an Official Statement pertaining thereto; authorizing the execution ofa Paying
Agent/Registrar Agreement and a Purchase Contract; complying with the requirements
imposed by the letter of representations previously executed with the Depository Trust
Company; delegating the authority to the Mayor and certain members of the City Staff to
execute certain documents relating to the sale of the bonds; and providing for an effective
date.
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Garrett, Cooper, Elizondo, Hummell, Leal, McCutchon, and Martinez,
voting "Aye"; Marez was absent.
Mayor Garrett called for petitions from the audience. Wilson Wakefield, 6026 Killarmet,
spoke regarding the negative effects of the Las Brisas plant. John Kelley, 413 Waco, spoke
regarding the Las Brisas plant and asked the Council to seek public input on this item. Ron
Hamilton, 3636 S. Alameda, asked the Council to reconsider their decision on the Las Brisas plant
and have citizen input. Bill Bennett, 3241 Reid, spoke regarding the poorconditions of an apartment
complex at 3241 Reid. Jerry Garcia, Southside Youth Sports Complex, provided a list of projects
that need improving at the league. Mr. Garcia also addressed the Las Brisas issue and the smoking
ordinance. Carolyn Moon, 4902 Calvin, spoke in opposition to the Las Brisas plant and addressed
comments made regarding citizens being misinformed on the issues.
Mayor Garrett announced the executive session, which was listed on the agenda as follows:
11. 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.
The Council went into executive session. The Council returned from executive session.
Mayor Garrett directed staff to provide a more accurate cost estimate for rehabilitating the
Coliseum by early next week. Director of Economic Development Irma Caballero stated that staff,
along with Council Members Hummell and Martinez, had a conference call with Mr. Prevratil and his
legal counsel to clarify the $5 million commitment. Ms. Caballero added that Mr. Prevratil is
Minutes — Regular Council Meeting
March 31, 2009 — Page 5
requesting additional time to receive quotes on roofing, electrical, parking lot improvements, utilities,
demolition, remediation of asbestos and lead paint, and landscaping.
Council Member McCutchon asked how the estimates would come in and begenerated.Ms.
Caballero stated that the estimates would be generated by the construction companies.
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Mayor Garrett opened discussion on Item 7 regarding the Tortuga Dunes Subdivision.
Interim Assistant City Manager of Development Services Johnny Perales explained that this item
was for approval of a development agreement with The Preserve at Mustang Island for the Tortuga
Dunes project and reimbursement agreement for the design and construction of the Zahn Road
Wastewater Lift Station.
There were no comments from the audience. City Secretary Chapa polled the Council for
their votes as follows:
7. MOTION NO. 2009-078
Motion approving the Sanitary Sewer Trunk Force Main and Lift Station Construction and
Reimbursement Agreement submitted by The Preserve at Mustang Island, LLC, owner and
developer of Tortuga Dunes Subdivision for the installation of Zahn Road Master Plan Lift
Station with eight -foot diameter wet well, 8,376 -linear feet of a four -inch and six-inch PVC
dual force main, and related appurtenances; at a cost not to exceed $2,457,890.25.
The foregoing motion was passed and approved with the following vote: Garrett, Cooper,
Elizondo, Hummel!, Leal, McCutchon, and Martinez, voting "Aye"; Marez was absent.
Mayor Garrett referred to Item 8 regarding the Corpus Christi Convention and Visitors
Bureau (CVB) Quarterly Report. CEO of the CVB Keith Arnold referred to a powerpoint presentation
including the top ten (10) tourism events in Corpus Christi, convention, sports sales, and service,
and tourism and media advertising.
The following topics pertaining to this item were discussed: the company that does
advertising for the CVB; communications with the Pan American Golf Associations; the number of
visitors to the CVB offices and visitors center; whether the CVB met their objectives this year;
coordinating with the City for beach clean up before major events; the UIL tournament; the AAU
Taekwondo Championships; the marketing for Concrete Street Amphitheater; external signage for
the kiosks at the Stripes locations; and placing an information/visitors center on the island.
Mayor Garrett opened discussion on Item 5.3. regarding the HOME Investment Partnership
Act. Director of Community Development Daniel Gallegos explained that under the HOME program,
the Corpus Christi Community Improvement Corporation (CCCIC) has been providing for down
payment and closing costs since 1993 and been very successful. Mr. Gallegos said that staff was
informed by the U.S. Department of Housing and Urban Development (HUD) that the CCCIC is not
an approved FHA lender. Mr. Gallegos provided a list of immediate remedies in order for the
program to continue. Mr. Gallegos stated that staff is recommending authorizing the City Manager or
his designee to utilize federal funds provided under the HOME Investment Partnership Act for FHA -
approved home loans under affordable housing programs and to execute all related documents.
Minutes - Regular Council Meeting
March 31, 2009 — Page 6
In response to Council Member Martinez, the application process will take one (1) to two (2)
weeks.
There were no comments from the audience. City Secretary Chapa polled the Council for
their votes as follows:
5.3. MOTION NO. 2009-077
Motion authorizing the City Manager or designee to utilize federal funds provided under the
HOME Investment Partnership Act for FHA -approved home loans under affordable housing
programs and to execute all related documents.
The foregoing motion was passed and approved with the following vote: Garrett, Cooper,
Elizondo, Kelly, Leal, and Martinez, voting "Aye"; Hummell, McCutchon, and Marez, voting
"No". (Note: Mr. Elizondo originally was absent for the vote and asked for the Council's
concurrence to include his vote. Council concurred with his request.)
Mayor Garrett recessed the regular Council meeting to hold a meeting of the Corpus Christi
Housing Finance Corporation (CCHFC).
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Mayor Garrett reconvened the regular Council meeting. Mayor Garrett referred to Item 10
regarding an update of the 2008 Americans with Disabilities Act (ADA) Title II Transition Plan.
Director of Human Relations Leon Bazar introduced the presentation team including Housing and
Investigator for the Human Relations Department Wanese Butler and Thomas Dreier with the
Committee for Persons with Disabilities. Mr. Bazar referred to a powerpoint presentation on the
accessibility improvements including services, activities, and programs; public curb ramps; site
development; intergovernmental agencies and public business; outreach and training; and future
projects and activities.
Council Member Leal thanked staff for their work at Sanders Elementary, the Mansheim
area, Holly Road, Kostoryz, and Greenwood from Gollihar to South Padre Island Drive (SPID). Ms.
Leal also asked staff to make ADA improvements at the Health Department. Mr. Dreier stated that
the City has become much more accessible over the last few years and hopes that the work
continues.
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There being no further business to come before the Council, Mayor Garrett adjourned the
Council meeting at 2:03 p.m. on March 31, 2009.