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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. ************ 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. ..,.********* 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. ************* 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). ************* 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. ************* 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.