HomeMy WebLinkAboutMinutes City Council - 04/14/2009I 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 April 14, 2009, which were approved by the City
Council on April 28, 2009.
WITNESSETH MY HAND AND SEAL, on this the 28th day of April, 2009.
Armando Chapa
City Secretary
SEAL
MINUTES
CITY OF CORPUS CHRISTI, TEXAS
Regular Council Meeting
April 14, 2009 - 10:00 a.m.
PRESENT
Mayor Henry Garrett
Mayor Pro Tem Larry Elizondo, Sr.
Council Members:
Melody Cooper
Mike Hummel)
Priscilla Leal
Michael McCutchon
John Marez
Nelda Martinez
ABSENT
Bill Kelly
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 Reverend Henry Williams with Corpus Christi Christian
Fellowship Church and the Pledge of Allegiance to the United States flag was led by Mayor Henry
Garrett.
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 meetings of March 24,
2009 and March 31, 2009. A motion was made and passed to approve the minutes as presented.
Mayor Garrett called for consideration of the consent agenda (Items 2 - 17). There were no
comments from the public. Council members requested that Items 4, 6, 7, 16, and 17 be pulled for
individual consideration. City Secretary Chapa polled the Council for their votes as follows:
2. MOTION NO. 2009-079
Motion approving a service agreement for dumpster route service in accordance with Bid
Invitation No. BI -0103-09 with Allied Waste, of Corpus Christi, Texas, based on low bid for
an estimated annual expenditure of $116,375.76 of which $38,791.92 is required for the
remainder of FY 2008-2009. The term of the contract will be twelve months with an option to
extend for up to two additional twelve-month periods, subject to the approval of the supplier
and the City Manager or his designee. This service will be utilized at thirty-nine different City
facilities. Funds have been budgeted in FY 2008-2009 by the using departments.
The foregoing motion was passed and approved with the following vote: Garrett, Cooper,
Elizondo, Hummell, Leal, McCutchon, Marez, and Martinez, voting "Aye"; Kelly was absent.
3. MOTION NO. 2009-080
Motion approving the purchase of four (4) trailer mounted air compressors in accordance
with Bid Invitation No. BI -0125-09 from Air Specialty & Equipment Co., of Corpus Christi,
Texas based on low bid meeting specifications for a total amount of $70,674.58. These units
Minutes — Regular Council Meeting
April 14, 2009 — Page 2
are replacements and will be used by the Water Department. Funding is available in the FY
2008-2009 Capital Outlay Budget of the Maintenance Services Fund.
The foregoing motion was passed and approved with the following vote: Garrett, Cooper,
Elizondo, Hummell, Leal, McCutchon, Marez, and Martinez, voting "Aye"; Kelly was absent.
5. MOTION NO. 2009-082
Motion approving the purchase of traffic signals and equipment from the following
companies for the following amounts in accordance with Bid Invitation No. BI -0086-09 based
on low bid, most advantageous bid and low bid meeting specifications for a total amount of
$285,873. Funds have been budgeted by Traffic Signals in FY 2008-2009.
Texas Highway Products, LTD Paradigm Traffic Systems, Inc.
Round Rock, Texas Arlington, Texas
Item No.: 1, 3, 12 and 13 Item No.: 17
$65,025 $65,700
Control Technologies, Inc. Consolidated Traffic Control, Inc.
Tomball, Texas Arlington, Texas
Item No.: 4, 6-9, 14, 15, 18 and 19 Item No.: 2, 5, 10, 11 and 16
$89,748 $65,400
TOTAL AWARD: $285,873
The foregoing motion was passed and approved with the following vote: Garrett, Cooper,
Elizondo, Hummell, Leal, McCutchon, Marez, and Martinez, voting "Aye"; Kelly was absent.
8.a. MOTION NO. 2009-086
Motion authorizing the City Manager or his designee to accept grant funding in the amount of
$20,000 from the Texas Department of Transportation for the Click It or Ticket (CIOT)
Selective Traffic Enforcement Project (STEP) for occupant protection enforcement overtime
within the Police Department and to execute all related documents.
The foregoing motion was passed and approved with the following vote: Garrett, Cooper,
Elizondo, Hummell, Leal, McCutchon, Marez, and Martinez, voting "Aye"; Kelly was absent.
8.b. ORDINANCE NO. 028107
Ordinance appropriating $20,000 from the Texas Department of Transportation for funding
of the Click It or Ticket (CIOT) Selective Traffic Enforcement Project (STEP) within the
Police Department in No. 1061 Police Grants Fund.
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Garrett, Cooper, Elizondo, Hummell, Leal, McCutchon, Marez, and
Martinez, voting "Aye"; Kelly was absent.
9.a. RESOLUTION NO. 028108
Resolution authorizing the City Manager or his designee to accept a grant from the Texas
Department of Public Safety, Governor's Division of Emergency Management, in the amount
Minutes — Regular Council Meeting
April 14, 2009 — Page 3
of $13,040 for hazardous materials emergency preparedness planning activities, in the No.
1062 Fire Grants Fund.
The foregoing resolution was passed and approved with the following vote: Garrett, Cooper,
Elizondo, Hummell, Leal, McCutchon, Marez, and Martinez, voting "Aye"; Kelly was absent.
9.b. ORDINANCE NO. 028109
Ordinance appropriating $13,040 from the Texas Department of Public Safety, Governor's
Division of Emergency Management, Hazardous Materials Emergency Preparedness Grant
Program in the No. 1062 Fire Grants Fund for public awareness brochures, school book
covers, production and broadcast of public service announcements, and to conduct an
emergency response exercise and activities, with a cash or soft match of $3,260.
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Garrett, Cooper, Elizondo, Hummell, Leal, McCutchon, Marez, and
Martinez, voting "Aye"; Kelly was absent.
10.a. ORDINANCE NO. 028110
Ordinance authorizing the City Manager or designee to execute a lease agreement with the
Buccaneer Commission, Inc. ("Commission") for2009 Buccaneer Days Festival and related
activities to allow use of City property bounded by Resaca Street to Palo Alto Street and
Shoreline Boulevard and North Chaparral Street up to and including Barge Dock area;
during April 20 through May 6, 2009, provide for Commission paying 50% police overtime
and 100% all other City costs and fees.
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Garrett, Cooper, Elizondo, Hummell, Leal, McCutchon, Marez, and
Martinez, voting "Aye"; Kelly was absent.
10.b. MOTION NO. 2009-087
Motion approving a $5.00 admission fee and/or $3.00 for adults (depending on date) and
$3.00 per day for seniors, children under the age of 17 and taller than 36 inches, and
persons with disabilities for Buccaneer Days Festival from April 23, 2009 through May 3,
2009.
The foregoing motion was passed and approved with the following vote: Garrett, Cooper,
Elizondo, Hummell, Leal, McCutchon, Marez, and Martinez, voting "Aye"; Kelly was absent.
11. ORDINANCE NO. 028111
Ordinance authorizing the City Manager or designee to execute an agreement with Landry's
Seafood and Steakhouse — Corpus Christi, Inc. to allow Landry's operation of golf cart
shuttle service at People's Street T -head, during the following dates and times: during 12:01
a.m. Saturday April 18, 2009 through 11:59 p.m. Wednesday April 22, 2009; during 7:00
p.m. to 2:00 a.m. each night of the Boat Show starting April 23, 2009 ending April 26, 2009;
and also during 12:01 a.m. through 5:59 p.m. on Monday April 27, 2009; and subject to
compliance with the following conditions: (1) insurance and indemnity provisions
established by City Manager; and (2) visitors to Landry's must be transported directly to and
from the restaurant to the gate entrance.
Minutes — Regular Council Meeting
April 14, 2009 — Page 4
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Garrett, Cooper, Elizondo, Hummell, Leal, McCutchon, Marez, and
Martinez, voting "Aye"; Kelly was absent.
12. RESOLUTION NO. 028112
Resolution to support the City of Corpus Christi, Texas bid for the 2012 Texas Recreation
and Park Society Institute and Trade Show in cooperation with the Texas Park and Wildlife
Department and the Southwest Region of the National Recreation & Park Association to be
held in Corpus Christi February 20 through February 25, 2012; and dedicating City
resources and the use of the American Bank Center for a total cost of $25,000; and
providing an effective date.
The foregoing resolution was passed and approved with the following vote: Garrett, Cooper,
Elizondo, Hummell, Leal, McCutchon, Marez, and Martinez, voting "Aye"; Kelly was absent.
13. MOTION NO. 2009-088
Motion authorizing the City Manager or his designee to execute a construction contract with
Huff & Mitchell, Inc. of Cypress, Texas in the amount of $2,454,026 for Oso and Whitecap
Wastewater Treatment Plant Basin Sanitary Sewer Rehabilitation FY 2008-2009 for Base
Bid No. 3.
The foregoing motion was passed and approved with the following vote: Garrett, Cooper,
Elizondo, Hummell, Leal, McCutchon, Marez, and Martinez, voting "Aye"; Kelly was absent.
14. MOTION NO. 2009-089
Motion authorizing the City Manager or his designee to execute Amendment No. 1 to the
Contract for Professional Services with LNV Engineering of Corpus Christi, Texas, in the
amount of $25,420 for a total re -stated fee of $66,301 for the Existing Broadway Plant
Requirements for design, bid, and construction phase services.
The foregoing motion was passed and approved with the following vote: Garrett, Cooper,
Elizondo, Hummell, Leal, McCutchon, Marez, and Martinez, voting "Aye"; Kelly was absent.
15. MOTION NO. 2009-090
Motion authorizing the City Manager or his designee to execute a professional services
contract with Alan Plummer Associates, Inc., of Austin, Texas not to exceed $72,000 for
consulting services necessary to coordinate review of various activities and research
projects for the Rincon Bayou Nueces Delta (RBND) and Allison Effluent Diversion
Demonstration Project (EDDP) including natural and man -induced physical conditions,
relating to the limited natural freshwater and tidal inflows including man-made programs to
enhance inflows to the Delta to increase productivity.
The foregoing motion was passed and approved with the following vote: Garrett, Cooper,
Elizondo, Hummell, Leal, McCutchon, Marez, and Martinez, voting "Aye"; Kelly was absent.
Mayor Garrett opened discussion on Item 4 regarding the purchase of portable chemical
toilet service. Council Member Hummell spoke regarding the 54% increase in pricing from the
previous contract and the submittal of only one bid. Mr. Hummell asked whether this contract had to
be bid by a local company. Assistant Director of Financial Services Michael Barrera stated that bids
Minutes — Regular Council Meeting
April 14, 2009 — Page 5
were sent to a company in Aransas Pass, they chose not to bid and that Allied Waste Services is no
longer providing this service. City Secretary Chapa polled the Council for their votes as follows:
4. MOTION NO. 2009-081
Motion approving a supply agreement for portable chemical toilet service in accordance with
Bid Invitation No. BI -0054-09 with Skid -O -Kan Co., of Corpus Christi, Texas based on only
bid for an estimated annual expenditure of $71,940 of which $17,985 is required for the
remainder of FY 2008-2009. The term of the supply agreement will be for twelve months
with an option to extend for up to two additional twelve-month periods, subject to the
approval of the supplier and the City Manager or his designee. Funds have been budgeted
by the using departments in FY 2008-2009.
The foregoing motion was passed and approved with the following vote: Garrett, Cooper,
Elizondo, Hummell, Leal, McCutchon, Marez, and Martinez, voting "Aye"; Kelly was absent.
Mayor Garrett opened discussion on Items 6 and 7 regarding software for the Engineering
Department. Director of MIS Michael Armstrong explained that this software is a new system for
managing construction projects. Mr. Armstrong added that the first process will be installation of the
Primavera software and the second process will be implementation in PeopleSoft. The following
topics pertaining to this item were discussed: background of the system; the justification for
purchasing 100 licenses; access to the system for contractors and the public; efficiency of the
software; training; the responsible party for the management of the system; the total cost of the
program; support to maintain the software; whether the software contracts include maintenance; if
the MIS allocation will increase for the Engineering Department and by how much; compatibility of
the software with PeopleSoft; and whether council members will have access. City Secretary Chapa
polled the Council for their votes as follows:
6.a. MOTION NO. 2009-083
Motion authorizing the City Manager or his designee to authorize the purchase of licenses
and consulting services from Innovative Management Solutions of Plano, Texas to
implement Primavera P6.2 Project Management program for engineering and construction
projects at a cost of $38,149.20 for the software licenses, $12,000 for assessment of
department current project management organization, $66,450 for the Primavera
implementation fees and $8,467.60 for the first year annual license maintenance. Software
licenses and consulting services are being purchased from GSA (US General Service
Administration) authorized supplier at GSA software prices.
The foregoing motion was passed and approved with the following vote: Garrett, Cooper,
Elizondo, Leal, McCutchon, Marez, and Martinez, voting "Aye"; Hummell and Kelly were
absent.
6.b. MOTION NO. 2009-084
Motion approving the purchase of continued annual maintenance from Innovative
Management Solutions of Plano, Texas for the Primavera Project Management software
solution subject to annual appropriation of funds.
The foregoing motion was passed and approved with the following vote: Garrett, Cooper,
Elizondo, Hummell, Leal, McCutchon, Marez, and Martinez, voting "Aye"; Kelly was absent.
Minutes — Regular Council Meeting
April 14, 2009 — Page 6
7. MOTION NO. 2009-085
Motion approving the purchase of consulting services from Citagus Software of Duluth,
Georgia to implement the PeopleSoft Project Costing Module for a not to exceed amount of
$106,080.
The foregoing motion was passed and approved with the following vote: Garrett, Cooper,
Elizondo, Hummell, Leal, McCutchon, Marez, and Martinez, voting "Aye"; Kelly was absent.
Mayor Garrett opened discussion on Item 16 regarding a Real Estate Sales Contract with J.
Palmer Green for construction of a parking area. Director of Engineering Pete Anaya stated that a
series of public meetings were held in connection with the North Port Corridor Improvements. Mr.
Anaya added that the improvements will affect head -in parking for several businesses and an
agreement was reached to commit to provide 22 parking spaces adjacent to N. Port that can be
utilized for those businesses.
The following topics pertaining to this item were discussed: whether acquiring property for
the construction of a parking lot for street improvements was a common practice; the time period of
the project; having public parking owned by the City; the number of businesses the parking lot will
serve; the number of employees at the businesses; consideration of the leasing the property; if the
area is crowded; whether an appraisal was done on the property; the reason the City is responsible
for providing parking; whether the parking spaces on the street will be restored; commitment to
building the parking lot as part of the public involvement process; whether there are any other
parking opportunities in the area; the current head -in parking; if this area of Port is the only area with
head -in parking; demolition costs of the structures on the property; total cost of the project; whether
the affected businesses are participating in the cost; required participation as part of the partially
funded Texas Department of Transportation (TxDOT) project; and whether TxDOT funding will be
eliminated if the Council does not support this item. City SecretaryChapa polled the Council for their
votes as follows:
16. FAILED TO PASS
Motion authorizing the City Manager or his designee to execute a Real Estate Sales
Contract with J. Palmer Green in the amount of $150,000 plus $1,950 in closing costs, for
the purchase of fee simple property rights to land and improvements known as Parcel 3,
described as Lots 1A through 1 F, the East 42T19 feet of Lots 13 and 14, and the West 50
feet of Lots 15 and 16, Block 1, Sunnyside Addition, with the street address of 1821 N. Port
Avenue, necessary for the North Port Avenue, IH -37 to US 181 Street Improvement Project
and for other related public purposes. (Bond 2004)
The foregoing motion failed with the following vote: Garrett, Cooper, Elizondo, Hummell,
Leal, McCutchon, Marez, and Martinez, voting "No"; Kelly was absent.
Mayor Garrett opened discussion on Item 17 regarding speed limit decreases for the
Christus Spohn Shoreline Hospital Zone.
Council Member McCutchon stated that initiated this item because of concerns for citizens
trying to cross the major parking lots at Spohn Hospital.
Council Member McCutchon asked whether Elizabeth Street speed limits already existed.
Traffic Engineer Charlie Cardenas said that the speed on Elizabeth Street currently existed and is
being extended. In response to Dr. McCutchon, Mr. Cardenas explained that the initial request for
Minutes — Regular Council Meeting
April 14, 2009 — Page 7
Ayers Street was initiated Dr. McCutchon and that the Transportation Advisory Committee (TAC)
recommended the entire complex. City Secretary Chapa polled the Council for their votes as follows:
17.a. FIRST READING ORDINANCE
Amending Section 53-255 of the Code of Ordinances to decrease the speed limit on Ayers
Street between Santa Fe Street and Ocean Drive from 30 MPH to 20 MPH, weekdays
between 8:00 a.m. and 5:00 p.m.; providing for penalties; and providing for publication.
The foregoing ordinance was passed and approved on its first reading with the following
vote: Garrett, Elizondo, Hummell, Leal, McCutchon, Marez, and Martinez, voting "Aye";
Cooper and Kelly were absent.
17.b. FIRST READING ORDINANCE
Amending Section 53-255 of the Code of Ordinances to decrease the speed limit on
Elizabeth Street between Santa Fe Street and Ocean Drive from 30 MPH to 20 MPH,
weekdays between 8:00 a.m. and 5:00 p.m.; providing for penalties; and providing for
publication.
The foregoing ordinance was passed and approved on its first reading with the following
vote: Garrett, Elizondo, Hummell, Leal, McCutchon, Marez, and Martinez, voting "Aye";
Cooper and Kelly were absent.
17.c. FIRST READING ORDINANCE
Amending Section 53-255 of the Code of Ordinances to decrease the speed limit on Santa
Fe Street between Ayers Street and Elizabeth Street from 30 MPH to 20 MPH, weekdays
between 8:00 a.m. and 5:00 p.m.; providing for penalties; and providing for publication.
The foregoing ordinance was passed and approved on its first reading with the following
vote: Garrett, Elizondo, Hummell, Leal, McCutchon, Marez, and Martinez, voting "Aye";
Cooper and Kelly were absent.
*************
Mayor Garrett opened discussion on Item 23 regarding the creation of a Padre Island
Gateway Municipal Management District. John Bell, representative for Golden Pointe, LLC,
explained that this item is a proposal to allow for a municipal management district for property on
Padre Island. Mr. Bell stated that the municipal management district would allow the property owner
to establish an assessment rate and the necessary public infrastructure for the development. Mr.
Bell added that similar bills from Dallas are currently being considered in the Texas Legislature as a
tool to make developments easier to finance and make the property sellable. Mr. Bell said the bill will
include the creation of a board of the municipal management district to be appointed by the City
Council; the project plan and financing mechanism would have to be approved by the City Council;
the City does not incur any liability on the part of the City; and the City can dissolve the district at any
time. Curt Wilson with Golden Pointe, LLC, was available to respond to questions.
The following topics pertaining to this item were discussed: the similar bills and projects in
Dallas; the reason for the developer to put in its own infrastructure instead of utilizing the City's
infrastructure; on-site public infrastructure improvements; financing development costs; municipal
districts being established because equity is increasing and making it difficult to finance projects;
whether there are municipal management districts that are residential; service and assessment plan;
Minutes — Regular Council Meeting
April 14, 2009 — Page 8
collection of taxes; if the City can dissolve the district if there are outstanding bonds; the advantage
to creating a district for a single property; La Palmera Mall; wetlands on the property; whether
supporting the legislation would mean that the district would get created; liability; structuring the
agreement that the City assumes no liability if the entity is dissolved; how the value is assessed;
whether sale of the property would effect other surrounding properties; tax liens; whether the City
has oversite of the infrastructure; if the infrastructure becomes the City's property; and the building
of the private marina.
There were no comments from the audience. City Secretary Chapa polled the Council for
their votes as follows:
23. RESOLUTION NO. 028117
Resolution supporting Legislation to create a Padre Island Gateway Municipal Management
District.
The foregoing resolution was passed and approved with the following vote: Garrett, Cooper,
Elizondo Hummel!, McCutchon, Marez, and Martinez, voting "Aye"; Leal voting "No"; Kelly
was absent.
Mayor Garrett called for petitions from the audience. Wilson Wakefield, 6026 Killarmet,
spoke in protest to the Las Brisas project. Carolyn Moon, 4902 Calvin, spoke regarding the need to
replenish the sand at Packery Channel. Foster Edwards, Corpus Christi Chamber of Commerce,
provided an update of the windstorm insurance issue discussed in the legislature including HB 4733
and SB 14. Lisa Hernandez, 434 Villa drive, provided a resolution in support of increasing political
participation and urging the Council to recruit and consider more women to the City's boards and
commissions. John Kelley, 413 Waco, provided statistics regarding the Las Brisas plant. Jack
Gordy, 4118 Bray, complained about street work on Brett Street and asked whether the City does an
inspection of construction work after work is completed. Mr. Gordy stated that an appeal of the
opinion of the 13`h Court of Appeals regarding the lawsuit on council member health insurance was
filed with the Supreme Court. Rudy Medina, 5413 Cain Drive, spoke regarding code enforcement
violations on a commercial property on Holly Road.
Mayor Garrett announced the executive session, which was listed on the agenda as follows:
25. Executive session under Texas Government Code Section 551.071, regarding contemplated
litigation by Texas Department of Transportation (TXDOT) for damages to State Property,
occurring on or about January 20, 2008, with possible discussion and action in open
session.
The Council went into executive session. The Council returned from executive session and
the following motion was passed with the following vote:
25. MOTION NO. 2008-093
Motion authorizing settlement of claim of Texas Department of Transportation (TxDOT), for
damages to State Property occurring on or about January 20, 2008, for the sum of
$100,000, subject to certification of funds.
Minutes — Regular Council Meeting
April 14, 2009 — Page 9
The foregoing motion was passed and approved with the following vote: Garrett, Cooper,
Elizondo, Hummell, Leal, McCutchon, and Martinez, voting "Aye"; Kelly and Marez were
absent.
*************
Mayor Garrett referred to Item 18, and a motion was made, seconded and passed to open
the public hearing on the following zoning case:
Case No. 0309-01, Ross & Judith Sisson: A change of zoning from a "B-2" Bayfront
Business District to an "1-2" Light Industrial District resulting in a change of land use from
Bayfront Business to Light Industrial on property described as 1.4 acres out of Lot 23,
Section 54, Flour Bluff and Encinal Farm and Garden Tracts, and Gadwell Addition, Block 1,
Lot 2, located at 2502 and 2512 Laguna Shores Road.
City Secretary Chapa stated that the Planning Commission and staff recommended denial of
the requested "1-2" Light Industrial District, and in lieu thereof, approval of a Special Permit subject
to a site plan for a pet groom/boarding business, small dog and cat rescue shelter and dog service,
and therapy/training facility subject to ten (10) conditions.
Interim Assistant Director of Development Services Faryce Goode -Macon explained that the
ordinance would need to be amended to change Section E., from 6-37 to 6-158 and Section F., 6-38
to 6-159. Ms. Martinez made a motion to accept the amendment. The motion was seconded by Mr.
Elizondo.
The foregoing motion was passed and approved with the following vote: Garrett, Cooper,
Elizondo, Hummell, Leal, McCutchon, Marez, and Martinez, voting "Aye"; Kelly was absent.
Council Member McCutchon asked for the reasons that staff is recommending that the
business continue to operate based on the history and compliance problems. Ms. Goode -Macon
stated that the applicant has a better understanding of the rules and regulations of the City.
No one appeared in opposition to the zoning change. Mr. Elizondo made a motion to close
the public hearing, seconded by Ms. Cooper, and passed. Mr. Chapa polled the Council for their
votes as follows:
—18. ORDINANCE NO. 028113
Amending the Zoning Ordinance, upon application by Ross W. and Judith A. Sisson, by
changing the Zoning Map in reference to 1.4 acres out of Lot 23, Section 54, Flour Bluff and
Encinal Farm and Garden Tracts, and Gadwell Addition, Block 1, Lott, from "B-2" Bayfront
Business District to "B-2/SP" Bayfront Business District with a Special Permit to allow for a
pet groom/boarding business, small dog and cat rescue shelter and dog service, and
therapy/training facility, subject to a Site Plan and ten (10) 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 as
amended with the following vote: Garrett, Cooper, Elizondo, Hummell, Leal, McCutchon,
Marez, and Martinez, voting "Aye"; Kelly was absent.
*************
Minutes — Regular Council Meeting
April 14, 2009 — Page 10
Mayor Garrett referred to Item 19 regarding the FY2009 Consolidated Annual Action Plan
(CMP). Daniel Gallegos, Community Development Administrator, referred to a powerpoint
presentation including a general background of the citizen's participation process; Community
Development Block Grant Program (CDBG); HOME Program (HOME), and ESG Program; FY2009
funding; additional funds; total funding available; and staff recommendations as noted in Attachment
"D". Mr. Gallegos clarified errors in the project descriptions for CDBG-Items 6, 10 and 39. Mr.
Gallegos added that City Council adoption of funding will occur on Tuesday, April 21, 2009
A motion was made, seconded and passed to open the public hearing on the Consolidated
Annual Action Plan:
19.a. Public Hearing to receive public comments regarding the City of Corpus Christi's proposed
FY2009 Consolidated Annual Action Plan (GAAP) for the Community Development Block
Grant (CDBG), HOME Investment Partnerships (HOME) and Emergency Shelter Grants
(ESG) Programs.
Mayor Garrett called for comments from the audience. Juan Cardenas, The Ark Assessment
Center, asked that the Council consider the full funding request of $24,999 for the ESG-Ark
Assessment Center and Emergency Shelter for Youth. Larry Churn, Executive Director of Charlie's
Place, thanked the City for their help and assistance and that they plan to move into the new facility
by late summer or early fall. Eddie Jackson, Wesley Community Center, asked for consideration to
fund CDBG-Wesley Community Center for security fencing. Jimmie McCurn, Mary McLeod Bethune
Day Nursery, Inc., asked the Council to consider funding for CDBG-Mary McLeod Bethune Day
Nursery to improve a deteriorating floor and build a new facility. Lynette Salas, New Life Fellowship,
requested consideration to provide additional funding over the recommended $5,000. Diane
Lawrence, Mental Health Mental Retardation (MHMR), stated that the CDBG-MHMR request is for
repairs at the facility located at 1546 Brownlee Street and the HOME-MHMR request is for roof
repairs and work at 1642 Brownlee. Ms. Lawrence added that MHMR appreciates the support from
the City. Will Hinojosa, representative of the Regional Transportation Authority (RTA) Rapid Transit
Accessibility Committee and the Committee for Persons with Disabilities, spoke in support of all of
the accessibility projects. Veronica Trevino, Executive Director for Communities in Schools, asked
for support of staffs recommendation.
Mr. Elizondo made a motion to close the public hearing, seconded by Mr. Marez and passed.
Council Member Marez made the following statement:
"I publicly disclose that through my profession, I regularly deal with the ARK Assessment
Center and the Emergency Shelter for Youth.
I will obtain no financial interest or benefit from a CDBG, ESG or HOME activity.
I will have no financial interest in any contract with respect to a CDBG, ESG or HOME
activity or its proceeds.
I will abstain from participation in all deliberation and voting of funding related to the ARK
Assessment Center and the Emergency Shelter for Youth."
Council Member Leal made the following statement
"I publicly disclose that I am a member of the Nueces County Community Action Agency
Board.
Minutes — Regular Council Meeting
April 14, 2009 — Page 11
I will obtain no financial interest or benefit from a CDBG, ESG or HOME activity.
I will have no financial interest in any contract with respect to a CDBG, ESG or HOME activity
or its proceeds.
I will abstain from participation in all deliberation and voting of funding related to this board."
The following topics pertaining to this item were discussed: the estimated entitlement
allocation; when the official letter for funding will be received; projects for Helen Street, Theresa
Street, and Bear Lane; if the requested for less funding for CDBG-Rehabilitation Services from the
current year means that positions will be cut; the reason staff did not recommend funding for CDBG-
West Point Crossing Infrastructure; the sources of the operating income for CDBG-New Life
Fellowship; the primary purpose of CDBG funding; the percentage of funding recommended to
governmental entities versus non-profit; the effect of reducing the allocation from CDBG-Program
Administration; total cost for the new building for CDBG-Mary McLeod Bethune Day Nursery, Inc.;
other sources of funding for CDBG-Mary McLeod Bethune Day Nursery, Inc.; leveraging of funds;
covering the CDBG-Comprehensive Planning Assistance through the budget process; the maximum
repair amount for CDBG-Emergency Home Repair Grant Program; the reason for increasing the
request for CDBG-Emergency Home Repair Grant Program; the salary cost to operate the City
funded programs; the hiring process of contractors for the CDBG-Emergency Home Repair Grant
Program; the 4A funding for the CDBG-Model Block Program Neighborhood Revitalization; whether
all of the current funding for CDBG-Residential Traffic Management Program has been used;
explanation for funding the CDBG-Del Mar College/Business Resource Center; other sources of
funding for the CDBG-Del Mar College/Business Resource Center; previous funding for CDBG-
Communities in Schools; and how low income people are informed of the services provided by the
Del Mar College Business Resource Center.
Ms. Cooper made a motion to reduce the allocation from CDBG-Program Administration by
$25,000 and increase the allocation for CDBG-Mary McLeod Bethune Day Nursery, Inc. by $25,000.
The motion was seconded by Dr. McCutchon. City Secretary Chapa polled the Council for their
votes as follows:
The foregoing motion was passed and approved with the following vote: Garrett, Cooper,
Elizondo, Leal, McCutchon, Marez, and Martinez, voting "Aye"; Hummell voting "No"; Kelly
was absent.
Dr. McCutchon made a motion to eliminate the allocation from CDBG-Comprehensive
Planning Assistance in the amount of $50,000 and increase the allocation for CDBG-Mary McLeod
Bethune Day Nursery, Inc. by $50,000. The motion was seconded by Ms. Cooper. City Secretary
Chapa polled the Council for their votes as follows:
The foregoing motion was passed and approved with the following vote: Garrett, Cooper,
Elizondo, Hummell, Leal, McCutchon, Marez, and Martinez, voting "Aye"; Kelly was absent.
Dr. McCutchon made a motion to reduce the allocation from CDBG-Residential Traffic
Management Program by $5,000 and increase the allocation for CDBG-Mary McLeod Bethune Day
Nursery, Inc. by $5,000. The motion was seconded by Ms. Cooper. City Secretary Chapa polled the
Council for their votes as follows:
The foregoing motion failed with the following vote: Cooper, Elizondo, McCutchon, and
Martinez, voting "Aye"; Garrett, Hummell, Leal, and Marez, voting "No"; Kelly was absent.
Minutes — Regular Council Meeting
April 14, 2009 — Page 12
Mayor Garrett made a motion to reduce the allocation from CDBG-Single Family
Rehabilitation Loan Program by $40,000 and increase the allocation for CDBG-Coastal Bend
Alcohol & Drug Rehabilitation Center d/b/a Charlie's Place by $40,000. The motion was seconded
by Ms. Cooper. City Secretary Chapa polled the Council for their votes as follows:
The foregoing motion was passed and approved with the following vote: Garrett, Cooper,
Elizondo, Hummell, Leal, McCutchon, Marez, and Martinez voting "Aye"; Kelly was absent.
Dr. McCutchon made a motion to eliminate the funding for CDBG-Zavala Senior Center
Renovations and increase the allocation to CDBG-Mary McLeod Bethune Day Nursery, Inc. The
motion failed for lack of second.
Ms. Cooper made a motion to reduce the allocation from CDBG-Del Mar College/Business
Resource Center by $23,000 and increase the allocation for CDBG-Communities in Schools. The
motion failed for lack of second.
Ms. Martinez made a motion to accept the ESG allocation as recommended. The motion was
seconded by Ms. Cooper. City Secretary Chapa polled the Council for their votes as follows:
The foregoing motion was passed and approved with the following vote: Garrett, Cooper,
Elizondo, Hummell, Leal, McCutchon, Marez, and Martinez, voting "Aye"; Kelly was absent.
Ms. Martinez made a motion to accept the HOME allocation as recommended. The motion
was seconded by Ms. Cooper. City Secretary Chapa polled the Council for their votes as follows:
The foregoing motion was passed and approved with the following vote: Garrett, Cooper,
Elizondo, Hummell, Leal, McCutchon, Marez, and Martinez, voting "Aye"; Kelly was absent.
.....:***** ..
Mayor Garrett opened discussion on Item 23.1 the effective date of the smoking ordinance.
Mayor Garrett called for comments from the audience. Hal George spoke regarding the impact of
the ordinance and the reasons the delay is being requested. Mr. George stated that the bar owners
are requesting a 60 day extension to allow the bars to address the patio requirements; fire
requirements and permits; increased occupancy concerns; lending; enforcement; insurance and
liability; and the definition of the ordinance. Frank Lazarte spoke regarding the Texas Alcohol
Beverage Commission (TABC) permitting process; occupancy regulations; and fire regulations. Rick
Haley, Co -Chair of Smoke Free Corpus Christi, spoke regarding timelines for commercial permitting
and the lack of businesses to comply with the ordinance. Mr. Haley stated that the businesses
should not be rewarded for irresponsible business practices.
Deputy Director of Development Services Johnny Perales responded to questions regarding
the issued permits.
The following topics pertaining to this item were discussed: the number of businesses that
have built patios; the reason that bar owners waited to ask for an extension; whether business are
having problems with TABC permitting; clarified language in the ordinance; permitting timeline; the
number of businesses that have applied for permits; and whether Development Services has met
with the bar owners.
There were no comments from the audience. City Secretary Chapa polled the Council for
their votes as follows:
Minutes — Regular Council Meeting
April 14, 2009 — Page 13
23.1. ORDINANCE NO.
Ordinance amending Ordinance No. 028007, which enacted new provisions related to
smoking, to revise the Effective Date to June 15, 2009.
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Elizondo, Hummel', Leal, McCutchon, and Marez, voting "Aye"; Garrett,
Cooper, and Martinez, voting "No"; Kelly was absent.
* * * * * * * * * * * * *
Mayor Garrett opened discussion on Item 26 regarding the Memorial Coliseum. Mayor
Garrett announced that this item would be handled in open session. Director of Economic
Development Irma Caballero explained that this item was an update on the work by Leisure
Horizons; discussion on the financial assurance; and possible direction from the Council. Ms.
Caballero introduced the presentation team including Joseph Prevratil, CEO of Leisure Horizons,
Camille Capore with PKF Consulting, and Rocco Montesano, member of the Memorial Coliseum
committee.
Ms. Caballero referred to a powerpoint presentation including the project description; key
elements of the project; preliminary cost estimates; attendance projections; revenue projections;
projected annual hotel/motel and sales tax estimates; benefits to the City; and the development
timeline. Ms. Caballero also spoke regarding conversations for financial assurances with Kennedy
Funding Inc. Ms. Caballero stated that Kennedy Funding is prepared to lend Leisure Horizons 50%
of value of the land lease and additional funds up to 50% of the capital improvements. Ms. Capore
provided a powerpoint presentation on the economic impact of the project including the definition of
economic impact; bases of numbers from construction costs, operations, activities, and services;
total economic impact; hotel occupancy tax; sales tax revenues; and intangible elements. Mr.
Montesano stated that the Convention and Visitors Bureau has been looking for another attraction
for the City and said he would like to see the project work. Mr. Prevratil spoke regarding the funding
and costs for construction.
The following topics pertaining to this item were discussed: the number of children projected
for attendance; the venues that children will be admitted for at half-price; whether the attendance
projects for the exhibition and arena reflect the children's admission; new revenue for additional
nights at hotels; the commencement date for construction; financial assurances; bridge funding from
Kennedy; addressing the non -compete issues with the American Bank Center; attendance revenues
for the American Bank Center and the Solomon Ortiz Center for meetings and banquets; and
whether a lease is required before the funding commitment can be acquired.
Ms. Martinez made a motion to continue negotiations with Leisure Horizons and to have the
final lease and financial assurances by May 12`h. The motion was seconded by Ms. Leal. City
Secretary Chapa polled the Council for their votes as follows:
The foregoing motion was passed and approved with the following vote: Garrett, Cooper,
Elizondo, Hummell, Leal, McCutchon, Marez, and Martinez, voting "Aye"; Kelly was absent.
Mayor Garrett recognized a boy scout from Troop 255 that is currently working on his
Citizenship in the Community badge.
Minutes — Regular Council Meeting
April 14, 2009 — Page 14
Mayor Garrett opened discussion on Item 20 regarding the Packery Channel Quarterly
Monitoring. Director of Engineering Services Pete Anaya explained that this item was for
consideration of a contract with Texas A & M University — Corpus Christi for Amendment Number 3
to an ongoing contract for Packery Channel Quarterly Monitoring.
There were no comments from the audience. City Secretary Chapa polled the Council for
their votes as follows:
20.a. ORDINANCE NO. 028114
Ordinance appropriating $299,900 of the Unappropriated Fund Balance in the Reinvestment
Zone No. 2 Fund 1111 for Packery Channel Monitoring for 2008-2009; changing the FY
2008-2009 Operating Budget adopted by Ordinance No. 027776 to increase appropriations
by $299,900.
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Garrett, Elizondo, Hummell, Leal, McCutchon, and Marez, voting "Aye";
Cooper, Kelly, and Martinez were absent.
20.b. MOTION NO. 2009-091
Motion authorizing the City Manager or his designee to execute Amendment No. 3 to the
contract between the City and Texas A&M University— Corpus Christi (Division of Nearshore
Research) in the amount of $299,900 for a restated not to exceed amount of $614,122 for
Packery Channel Quarterly Monitoring for 2009-2010.
The foregoing motion was passed and approved with the following vote: Garrett, Elizondo,
Hummell, Leal, McCutchon, and Marez, voting "Aye"; Cooper, Kelly, and Martinez were
absent.
Mayor Garrett opened discussion on Item 22.a. and 22.b., ordinance canvassing and
declaring results of the April 4, 2009 election and calling the runoff election for Council Member
District 3 and asked if council members had any problems with the results provided. Council
Member Elizondo stated that he felt comfortable with the results as presented and called for a vote
on both items. The Council concurred.
City Secretary Chapa polled the Council for their votes as follows:
22.a. ORDINANCE NO. 028115
Ordinance canvassing returns and declaring the results of the General Election held on April
4, 2009, in the City of Corpus Christi, for the purpose of electing the Mayor, and eight
Council Members.
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Garrett, Elizondo, Hummell, Leal, McCutchon, Marez, and Martinez,
voting "Aye"; Cooper and Kelly were absent.
22.b. ORDINANCE NO. 028116
Ordinance ordering a Runoff Election to be held on May 9, 2009 in the City of Corpus Christi
for the election of Council Member District Three; designating polling place locations;
enacting provisions incident and relating to the subject and purpose of this ordinance.
Minutes — Regular Council Meeting
April 14, 2009 — Page 15
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Garrett, Elizondo, Hummell, Leal, McCutchon, Marez, and Martinez,
voting "Aye"; Cooper and Kelly were absent.
Mayor Garrett opened discussion on Item 21 regarding the order of priorities for
implementation of Bond 2008 Projects. Director of Engineering Services Pete Anaya provided a brief
overview of the considerations for the recommended Bond 2008 schedule including the Request for
Proposal (RFP) process; the selection process; projects pending or under contract; the commitment
made to the citizens; and explanation of the legend for the schedule; land acquisition and permitting
issues; discussions with the contracting community and public agencies; corridor approaches;
financing; utilities; and the main guiding principals.
The following topics pertaining to this item were discussed: notifying the public of the project
timelines; quality of work; if all of the paving assessments will be completed on the same timeline;
whether the downtown streets work can be moved up; concerns that Robert Street can not wait for
improvements until October 2012; the delay periods for Bear Street from Old Brownsville to SPID
and Kostoryz Road from Sunnybrook to SPID; grant funding for Chaparral Street; who determines
the company the receives engineering contracts; members of the engineering committee; job order
contracting; and the work schedule for the Hike and Bike Trail — City Wide.
Mr. Hummell made a motion for the Hike and Bike Trail — City Wide to establish a start date
of August 10, 2009. The motion was seconded by Ms. Martinez. City Secretary Chapa polled the
Council for their votes as follows:
The foregoing motion was passed and approved with the following vote: Garrett, Elizondo,
Hummell, Leal, McCutchon, Marez, and Martinez, voting "Aye"; Cooper and Kelly were
absent.
Dr. McCutchon made a motion to advance the Robert Street project with a target
construction date of April 2010. The motion was seconded by Mr. Elizondo. City Secretary Chapa
polled the Council for their votes as follows:
The foregoing motion was passed and approved with the following vote: Garrett, Elizondo,
Hummell, Leal, McCutchon, Marez, and Martinez, voting "Aye"; Cooper and Kelly were
absent.
Mr. Marez made a motion to remove the five (5) month gap for the Downtown Streets —
Chaparral project with a completion date of September 2011. The motion was seconded by Dr.
McCutchon. City Secretary Chapa polled the Council for their votes as follows:
The foregoing motion was passed and approved with the following vote: Garrett, Elizondo,
Hummell, Leal, McCutchon, Marez, and Martinez, voting "Aye"; Cooper and Kelly were
absent.
Ms. Leal made a motion to remove the 15 -month gap for Bear Lane from Old Brownsville
Road to SPID. The motion was seconded by Ms. Martinez. City Secretary Chapa polled the Council
for their votes as follows:
The foregoing motion was passed and approved with the following vote: Garrett, Elizondo,
Hummell, Leal, McCutchon, Marez, and Martinez, voting "Aye"; Cooper and Kelly were
absent.
Minutes — Regular Council Meeting
April 14, 2009 — Page 16
There were no comments from the audience. City Secretary Chapa polled the Council for
their votes as follows:
21. MOTION NO. 2009-092
Motion to adopt the recommended order of priorities for implementation of Bond 2008
Projects.
The foregoing motion was passed and approved as amended with the following vote:
Garrett, Elizondo, Hummell, Leal, McCutchon, Marez, and Martinez, voting "Aye"; Cooper
and Kelly were absent.
Mayor Garrett announced that Item 24 regarding the status of the Storm Water Drainage
Utility Rate Development was postponed.
f f f x*** a* a* a
There being no further business to come before the Council, Mayor Garrett adjourned the
Council meeting at 5:15 p.m. on April 14, 2009.
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