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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.