HomeMy WebLinkAboutMinutes City Council - 04/28/2009I 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 28, 2009, which were approved by the City
Council on May 12, 2009.
WITNESSETH MY HAND AND SEAL, on this the 12th day of May, 2009.
Armando Chapa
City Secretary
SEAL
MINUTES
CITY OF CORPUS CHRISTI, TEXAS
Regular Council Meeting
April 28, 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
John Marez
Nelda Martinez
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 Reverend Greg Hackett with First United Methodist Church
and the Pledge of Allegiance to the United States flag was led by Council Member Mike Hummel).
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 April 14,
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). City Secretary
Chapa announced that Item 12.1. was added to consent on a supplemental agenda. City Secretary
Chapa announced that Council Member Elizondo would abstain from the discussion and vote on
Item 17. There were no comments from the public. Council members requested that Items 13 and
14 be pulled for individual consideration. City Secretary Chapa polled the Council for their votes as
follows:
2. MOTION NO. 2009-113
Motion approving a service agreement with FARA Business Services, Inc. of Mandeville, LA
for license and use of Auto and General Liability Database Management System, in
accordance with Request for Proposal Number BI -0095-09, for an estimated one-year
expenditure of $57,492, of which $9,582 is required for the remainder of FY 2008-2009. The
term of the service agreement will be for one year with an option to extend for up to two
additional twelve-month periods subject to the approval of the service provider and the City
Manager or his designee. This service will be used by the Human Resources Department in
administering the City's auto and general liability claims. Funds are budgeted in the
Liability/Employee Benefit Liability Fund.
The foregoing motion was passed and approved with the following vote: Garrett, Cooper,
Elizondo, Hummel), Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye".
Minutes — Regular Council Meeting
April 28, 2009 — Page 2
3. MOTION NO. 2009-114
Motion approving the lease purchase of thirteen (13) mobile data systems and accessories
from Datalux Corporation, of Winchester, VA, based on sole source for a total amount of
$83,720. The mobile data units will be used by the Development Services Department.
Financing for the mobile data units will be provided through the City's lease/purchase
financing program.
The foregoing motion was passed and approved with the following vote: Garrett, Cooper,
Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye".
4. MOTION NO. 2009-115
Motion authorizing the lease/purchase of network equipment, telephone equipment,
software, installation services and training from Calence, Inc. of Corpus Christi, Texas for a
Police Department network upgrade and telephone system replacement for $795,444.
Financing for a 60 -month term will be provided by Key Government Finance, Inc. of
Superior, Colorado. Total cost for the 60 -month term will be $878,958.60. Calence, Inc and
Key Government Finance, Inc. are State of Texas Department of Information Resources
(DIR) recognized vendors.
The foregoing motion was passed and approved with the following vote: Garrett, Cooper,
Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye".
5. MOTION NO. 2009-116
Motion authorizing re -financing of five (5) existing network equipment leases with CISCO
Systems Capital Corporation with a total lease payment amount of $515,880.79 and
reducing the total lease payment amount to $483,595.55 resulting in a reduction in the total
lease payment amount of $32,285.24. All leases are for a 36 -month term and have various
amounts remaining, depending upon the initiation date of the lease. New financing will be
provided by Key Government Finance, Inc. (a subsidiary of CISCO Systems, Inc.) located in
Superior, Colorado. Key Government Finance, Inc. is a State of Texas Department of
Information Resources (DIR) recognized vendor. Lessee will be changed from the Corpus
Christi Digital Community Development Corporation (CCDCDC) to the City of Corpus Christi.
The foregoing motion was passed and approved with the following vote: Garrett, Cooper,
Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye".
6. RESOLUTION NO. 028131
Resolution approving the submission of a grant application in the amount of $394,454 to the
Automobile Theft Prevention Authority (ATPA) to continue the motor vehicle theft
enforcement grant within the Police Department for Year 9 with a City cash match of
$383,778, in-kind services of $14,019, and program income cash match of $18,698, for a
total project cost of $810,949 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
April 28, 2009 — Page 3
7.a. RESOLUTION NO. 028132
Resolution authorizing the City Manager or his designee to execute an Interlocal Agreement
between the City of Corpus Christi, Nueces County, City of Port Aransas, and City of
Robstown to establish terms for the sharing of the 2009 Edward Byrne Memorial Justice
Assistance Grant (JAG) Program Award.
The foregoing resolution was passed and approved with the following vote: Garrett, Cooper,
Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye".
7.b. RESOLUTION NO. 028133
Resolution authorizing the City Manager or his designee to submit a grant application in the
amount of $1,132,124 to the U.S. Department of Justice, Bureau of Justice Assistance for
funding eligible under the FY 2009 Edward Byrne Memorial Justice Assistance Grant, funds
to be distributed to Nueces County, City of Robstown, City of Port Aransas under the
established Interlocal Agreements. Grant funds will be used for the enhancement of law
enforcement efforts by the four entities.
The foregoing resolution was passed and approved with the following vote: Garrett, Cooper,
Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye".
8. RESOLUTION NO. 028134
Resolution authorizing the City Manager or his designee to submit applications for and
accept grants from the Federal Aviation Administration for projects at Corpus Christi
International Airport in order to meet time sensitive deadlines and to execute all related
documents.
The foregoing resolution was passed and approved with the following vote: Garrett, Cooper,
Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye".
9. ORDINANCE NO. 028135
Ordinance appropriating $907,292 from the unreserved fund balance in Passenger Facility
Charge Fund No. 4621 and transferring $432,842 into the Airport 2000A Debt Service Fund
No. 4640 and $424,450 into the Airport 2000B Debt Service Fund No. 4641 for Debt Service
on Airport Improvements and reimbursing $50,000 to the Airport Capital Reserve Fund
3020A for airport drainage improvements; changing the FY2008-2009 Capital Budget
adopted by Ordinance No. 028006 to increase appropriations by $907,292.
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".
10. ORDINANCE NO. 028136
Ordinance amending Ordinance No. 027996, adopted on December 16, 2008, by
substituting a corrected Exhibit A, which describes the boundaries of the Reinvestment Zone
Number Three, City of Corpus Christi, Texas; and providing for publication.
Minutes — Regular Council Meeting
April 28, 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 abstained.
11. RESOLUTION NO. 028137
Resolution authorizing the City Manager to execute an Interlocal Cooperation Agreement
with Nueces County relating to the participation of the City and the County in Reinvestment
Zone Three, City of Corpus Christi, Texas.
The foregoing resolution was passed and approved with the following vote: Garrett, Cooper,
Elizondo, Hummell, Leal, McCutchon, Marez, and Martinez, voting "Aye"; Kelly abstained.
12. RESOLUTION NO. 028138
Resolution authorizing the name change of the City of Corpus Christi Health Department
Animal Care and Vector Services Center to the City of Corpus Christi Health Department
Tex Villarreal Animal Care and Vector Services Center, as recommended by the Animal
Control Advisory Committee.
The foregoing resolution was passed and approved with the following vote: Garrett, Cooper,
Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye".
12.1. RESOLUTION NO. 028139
Resolution authorizing the City Manager or his designee to submit to the Cancer Prevention
and Research Institute of Texas (CPRIT), on behalf of the Corpus Christi-Nueces County
Public Health District, as a member of the Partnership Network for Prevention and Control, a
Regional Coalition, a 10 -Year, $2.25 Million, Funding Plan proposal for consideration, to
provide prevention, health education and awareness programs and related services and to
execute all related documents.
The foregoing resolution was passed and approved with the following vote: Garrett, Cooper,
Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye".
15. MOTION NO. 2009-118
Motion authorizing the City Manager or his designee to execute a Contract for Professional
Services with Naismith Engineering, Inc, of Corpus Christi, Texas in the amount of $141,349
for design, bid and construction phase services for the Old State School Property
Development, Phase 2. (Bond 2008)
The foregoing motion was passed and approved with the following vote: Garrett, Cooper,
Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye".
16. ORDINANCE NO. 028141
Ordinance amending Section 55-151(a), Code of Ordinances, City of Corpus Christi,
regarding the adoption of the 2009 Corpus Christi Water Conservation and Drought
Contingency Plan; providing for publication.
Minutes — Regular Council Meeting
April 28, 2009 — Page 5
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".
17. ORDINANCE NO. 028142
Amending Article IV, Chapter 2, Code of Ordinances, City of Corpus Christi, by deleting
Division 12, Small Business Advisory Committee; supporting the Corpus Christi Chamber of
Commerce's Small Business Council. (First Reading 04/21/09)
The foregoing ordinance was passed and approved on its second reading with the following
vote: Garrett, Cooper, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye";
Elizondo abstained.
Mayor Garrett opened discussion on Item 13 regarding an application to KaBOOM!, a
national non-profit organization for recognition as a "Playful City USA Community. Council Member
Marez thanked staff for bringing this item for Council approval. Council Member Leal stated that this
item was good for the children. City Secretary Chapa polled the Council for their votes as follows:
13. RESOLUTION NO. 028440
Resolution authorizing the City Manager or his designee to submit an application to
KaBOOM!, a national nonprofit organization of Washington, D.C., for recognition as a
"Playful City USA Community."
The foregoing resolution 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 14 regarding Flour Bluff Drive. In response to
Council Member McCutchon, Director of Engineering Services Pete Anaya stated that staff is
requesting that consultants provide two bid alternates for asphalt and concrete on all of the bid work.
City Secretary Chapa polled the Council for their votes as follows:
14. MOTION NO. 2009-117
Motion authorizing the City Manager or his designee to execute a Contract for Professional
Services with Urban Engineering, Inc. of Corpus Christi, Texas in the amount of $1,256,500
for design, bid and construction phase services for Flour Bluff Drive: (Bond 2008)
* Flour Bluff Drive, Phase 1 from South Padre Island Drive (SPID) to Graham Road
* Flour Bluff Drive, Phase 2 from Graham Road to Don Patricio
The foregoing motion 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 18 regarding the Regional Health Awareness
Board. Assistant City Manager Margie Rose explained that this item is to amend the interlocal
agreement to include language regarding funding. Ms. Rose stated that financial consideration from
each governing body would take place during the budget process.
Minutes — Regular Council Meeting
April 28, 2009 — Page 6
There were no comments from the audience. City Secretary Chapa polled the Council for
their votes as follows:
18. RESOLUTION NO. 028143
Resolution approving the amendment of the Regional Health Awareness Board Interlocal
Agreement to promote community dialogue on regional health awareness between Nueces
County, the City of Corpus Christi and San Patricio County regarding performance of the
scope of services.
The foregoing resolution 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 19 regarding the renaming of the Bayview
Ballroom at the American Bank Center. City Secretary Chapa explained that this resolution is
authorizing the renaming of the Bayview Ballroom at the American Bank Center, the "Henry Garrett
Ballroom", in honor of Henry Garrett, in recognition of his many years of service to the City of Corpus
Christi. Council Member Marez thanked staff and the City Council for working on this issue to find
an appropriate way of thanking Mr. Garrett for his years of services. Mr. Marez asked whether the
"Henry Garrett Ballroom" was ever considered to be named the "Henry Garrett Bayview Ballroom".
City Secretary Chapa stated that the input received suggested the name "Henry Garrett Ballroom".
There were no comments from the audience. City Secretary Chapa polled the Council for
their votes as follows:
19. RESOLUTION NO. 028144
Resolution authorizing the renaming of the Bayview Ballroom at the American Bank Center,
the "Henry Garrett Ballroom", in honor of Henry Garrett, in recognition of his many years of
service to the City of Corpus Christi.
The foregoing resolution was passed and approved with the following vote: Cooper,
Elizondo, Hummell, Kelly, Leal, Marez, and Martinez, voting "Aye"; McCutchon voting "No";
Garrett was absent.
Mayor Garrett referred to the Item 20 regarding an update on the "Big Spring Clean"
Campaign and Adopt Downtown Cleanup Project. Director of Neighborhood Services Yvonne Haag
provided an updated on the Big Spring Clean Campaign including the campaign goal and mission;
the scope of work; the campaign timeline; and pictures of on-site work. Director of Public Information
Kim Womack spoke regarding campaign value, effectiveness and continued efforts for public
awareness. Director of Economic Development Irma Caballero provided a brief overview of the
Adopt Downtown initiative including the volunteers and contributions; the activities; pictures; and
continued downtown landscaping.
The following topics pertaining to this item were discussed: trimming of palm trees and
landscaping at Orion's Belt; changes to the brush collection schedule; additional code enforcement;
public education and media involvement.
Mayor Garrett referred to Item 21 regarding the Crime Control and Prevention District
Quarterly Report. Chairman of the Crime Control and Prevention District Scott Kucera thanked the
Council for their support and expressed his appreciation to the Police department and other
Minutes — Regular Council Meeting
April 28, 2009 — Page 7
departments for their work. Mr. Kucera reported that the board is going to request that the City
consider funding the graffiti eradication program administration through the general fund in FY2009-
2010. Acting Chief of Police Mike Walsh referred to a powerpoint presentation including the budget
for 2009-2010; continued focus on core programs; graffiti eradication costs; assignment of officers
and the budget calendar.
The following topics pertaining to this item were discussed: the request for the City to
consider paying for the graffiti eradication program; whether police officers are at budgeted strength;
the projected revenue growth; new legislation for the Crime Control; the number of officers funded;
and the effect on the budget for transferring obligations from Crime Control to the General Fund.
Mayor Garrett referred to Item 22 regarding the Texas Department of Transportation
(TxDOT) Annual Report. TxDOT Area Engineer Martin Horst referred to a powerpoint presentation
including a background on the district; the area office; TxDOT's mission; current construction; IH37
at Carbon Plant Road project; SH358 (SPID) ramp reversal project; FM1694/FM2826 project; other
construction projects; routine maintenance projects; upcoming work for construction and
maintenance; routine maintenance projects; Metropolitan Planning Organization (MPO) and state
stimulus work; update on the Harbor Bridge Project; changes to the TxDOT website; and the project
tracker program.
The following topics pertaining to this item were discussed; the status of the comprehensive
development agreement for 1-69; seal coating projects; if TxDOT built Holly Road and Ennis Joslin;
aggregate, seal coating, and overlay for Holly Road; status of the improvements by the MPO on
County Road 52; the age of the Harbor Bridge; the estimated completion date for construction of the
Harbor Bridge; whether the Harbor Bridge project is part of the legislative agenda; and plans to
improve air quality.
Mayor Garrett referred to Item 23 regarding the proposed Wind Energy Ordinance
amendments. Interim Assistant City Manager of Development Services Johnny Perales referred to a
powerpoint presentation including the existing ordinance summary; the effect of the proposed
amendments; wind energy system use permitted "by right"; allowed uses by special use exception
permit; maximum wind energy system heights; examples of structure mounted; typical small free
standing units; building or structurally mounted systems; sound emissions data; and the average
costs to install a wind energy system.
The following topics pertaining to this item were discussed: tower heights; whether existing
technology could be placed on an "R-1 B" lot for wind generation; fall radius requirements; if a vast
majority of property owners could have a wind energy system if the changes are approved; vertical
access wind turbines; definition of structure mounted; clearance on one -acre lots; and smaller
properties qualifying for wind energy systems.
Mayor Garrett called for a brief recess to present proclamations and listen to public
comment.
*************
Mayor Garrett announced that the Port of Corpus Christi and Texas A & M University System
have completed an agreement for A & M to assist the Port in the redevelopment and utilizing of
Naval Air Station Ingleside.
Mayor Garrett called for petitions from the audience. Loren Hall, 737 Monett; Dr. Allen
Herkimer, 715 S. Upper Broadway; Beto Garcia, 3629 S. Saxet; and Eddie Olivares, 4205 Dody,
requested that the Council consider reinstating funding for the Municipal Band Park Concerts.
Minutes — Regular Council Meeting
April 28, 2009 — Page 8
Council Member Marez directed staff to look for funding for the Municipal Band Concerts. Douglas
Schaffer, 13926 Dasmarinas, spoke regarding wind generation. Wilson Wakefield, 6026 Killarmet,
spoke in opposition to the Las Brisas Plant. Mr. Wakefield also spoke regarding funding the
municipal band. Foster Edwards, CEO of the Corpus Christi Chamber of Commerce, invited the
Council to attend "Wind Storm Day' at the Capital on May 5th. Tracy Long, 419 Schatzell, spoke
regarding the proposed wind energy ordinance amendments and suggested that City staff work with
professionals in that field before making changes to the ordinance.
David O'Connell, 4106 Castle Valley Drive, asked the Council to postpone a decision on the
proposal from Leisure Horizons and allow the next administration to handle the issue. Mr. O'Connell
also spoke in support of the proposal to use the Memorial Coliseum for the National Swim Center.
Jerry Garcia, Southside Youth Sports Complex, spoke regarding the difference between sport
leagues run by volunteers and leagues run by city employees. Ron Hamilton, 3636 S. Alameda
Street, spoke regarding the Las Brisas plant. Colin Sykes, 309 Aberdeen, said he does not support
Las Brisas. Abel Alonzo, 1701 Thames, asked that the public have an open mind and receive facts
about the Las Brisas plant before making a decision.
Mayor Garrett returned to Item 23 regarding the proposed Wind Energy Ordinance
amendments. Interim Assistant City Manager of Development Services Johnny Perales retumed to
the presentation including a graph of typical residential power use; considerations/coordination with
other agencies; map of the air installation compatibility use zones; and migration paths.
The following topics pertaining to this item were discussed: the reason there is a provision
that 90% of the energy produced must be on site; addressing surplus energy or accessory use; the
distinction between commercial and residential use; the maximum of only one wind energy system
per residence; permitted uses "by right"; return on investment; structural and roof mounted systems;
addressing units that generate electricity at a reasonable costs; reduction of grid use; fall radius;
wind storm ratings; sound emissions; next steps for approval; original platted lot size; the permitting
process; working with the industry; and addressing smaller lots.
There being no further business to come before the Council, Mayor Garrett adjourned the
Council meeting at 1:55 p.m. on April 28, 2009.