HomeMy WebLinkAboutMinutes City Council - 05/19/2009I 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 May 19, 2009, which were approved by the City
Council on May 26, 2009.
WITNESSETH MY HAND AND SEAL, on this the 26th day of May, 2009.
Armando Chapa
City Secretary
SEAL
MINUTES
CITY OF CORPUS CHRISTI, TEXAS
Regular Council Meeting
May 19, 2009 — 2:30 p.m.
PRESENT
Mayor Joe Adame
Mayor Pro Tem Kevin Kieschnick
Council Members:
Chris N. Adler
Brent Chesney
Larry Elizondo, Sr.
Priscilla Leal
John Marez
Nelda Martinez
Mark Scott
City Staff:
City Manager Angel R. Escobar
City Attorney Mary Kay Fischer
City Secretary Armando Chapa
Prior to the 2:30 Regular Council meeting, the Pledge of Allegiance to the United States flag
was led by County Judge Loyd Neal. The invocation was delivered by The Most Reverend Edmond
Carmody, D.D., Bishop of the Diocese of Corpus Christi. The Honorable Hayden Wilson Head, Jr.,
Chief Judge of the U.S. District Court for the Southern District of Texas, conducted the swearing-in
ceremony of the Mayor and Council members. The Mayor and each Council Member thanked their
family, friends, and supporters for their assistance and encouragement during the election process.
Mayor Adame called for a brief recess before the new Council began their first Regular Council
meeting.
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Mayor Adame called the meeting to order in the Council Chambers of City Hall.
The Pledge of Allegiance to the United States flag was led by Council Member Kieschnick.
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 Adame referred to Item D, the selection of Mayor Pro Tem. He recommended rotating
the Mayor Pro Tem service dates for the Council Members. Mr. Marez made a motion to accept the
Mayor Pro Tem rotation. The motion was seconded by Mr. Chesney. City Secretary Chapa polled
the Council for their votes as follows:
D. MOTION NO. 2009-132
Motion providing for rotation of Mayor Pro Tem services as follows:
District 1 — Kevin Kieschnick (May 19, 2009 — August 12, 2009)
District 2 — John Marez (August 13, 2009 — November 6, 2009)
District 3 — Priscilla Leal (November 7, 2009 — January 31, 2010)
District 4 — Chris Adler (February 1, 2010 — April 27, 2010)
District 5 — Larry Elizondo (April 28, 2010 — July 22, 2010)
At Large — Mark Scott (July 23, 2010 — October 16, 2010)
At Large — Brent Chesney (October 17, 2010 — January 10, 2011)
At Large — Nelda Martinez (January 11, 2011 — End of Term)
Minutes — Regular Council Meeting
May 19, 2009 — Page 2
The foregoing motion was passed and approved with the following vote: Adame, Adler,
Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye".
Mayor Adame referred to Item E, announcement of Committee Assignments. Mayor Adame
made the following committee assignments:
Municipal Court Committee
John Marez, Chairman
Chris Adler
Nelda Martinez
Larry Elizondo
Administrative Committee
Mark Scott, Chairman
Kevin Kieschnick
Priscilla Leal
Brent Chesney
Mayor Adame called for consideration of the consent agenda (Items 1-4). There were no
comments from the public. City Secretary Chapa polled the Council for their votes as follows:
1.a. RESOLUTION NO. 028172
Resolution authorizing the City Manager or his designee to accept a grant from the Coastal
Bend Regional Advisory Council (RAC) in the amount of $9,710.29 to be used for the
purchase of equipment, supplies, and services to support the delivery of emergency medical
services for the Corpus Christi Fire Department.
The foregoing resolution was passed and approved with the following vote: Adame, Adler,
Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye".
1.b. ORDINANCE NO. 028173
Ordinance appropriating $9,710.29 from the Coastal Bend Regional Advisory Council (RAC)
into the No. 1056 Ambulance Grant Fund to purchase equipment, supplies, and services to
support the delivery of emergency medical services for the Corpus Christi Fire Department.
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and
Scott, voting "Aye".
2. MOTION NO. 2009-129
Motion authorizing the City Manager or his designee to execute a Contract for Professional
Services with CLK Architects & Associates, Inc. of Corpus Christi, Texas, in the amount of
$273,817 for the HEB Pool Complex Replacement for design, bid and construction phase
services. (Bond 2008)
The foregoing motion was passed and approved with the following vote: Adame, Adler,
Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye".
MOTION NO. 2009-130
Motion authorizing the City Manager or his designee to execute a construction contract with
Hamman Excavating of Corpus Christi, Texas, in the amount of $239,000 for the Wards
Building Rehabilitation and Parking Lot for Base Bid A only for the new paved parking lot.
Minutes — Regular Council Meeting
May 19, 2009 — Page 3
The foregoing motion was passed and approved with the following vote: Adame, Adler,
Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye".
ORDINANCE NO. 028174
Amending the Code of Ordinances, City of Corpus Christi, Chapter 2, regarding City
Council's Youth Advisory Committee; and providing for publication. (First Reading 05/12/09)
The foregoing ordinance was passed and approved on its second reading with the following
vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting
"Aye".
Mayor Adame referred to Item 5 regarding a new branding program for Corpus Christi
Beach. City Manager Escobar introduced Tom Schmidt with the Texas State Aquarium and Captain
Rocco Montesano with the U.S.S. Lexington. Mr. Schmidt explained that the business community on
Corpus Christi Beach has developed a new branding program to promote Corpus Christi Beach in
the tourist industry. Kristin Rails, Texas State Aquarium, provided examples of signage. Mr. Schmidt
stated that the program will promote the beach with a series of billboards and street banners to
create awareness of events taking place on Corpus Christi Beach and announced the creation of
the website for the program, www.discoverccbeach.com. Mr. Montesano spoke regarding the
marketing and advertising concept for the program.
In response to Council Member Marez, Mr. Schmidt stated that the banners and signage
promoting Corpus Christi Beach will compliment the DTown and SEATown signage but will have its
own identity. Mr. Montesano said that Corpus Christi Beach would like the same type of kiosks
proposed for the downtown area.
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Mayor Adame opened discussion on Item 6 regarding granting the Honorary Title of Mayor
Emeritus to Henry Garrett. City Secretary Chapa explained that this item was a resolution
authorizing that the Honorary Title of Mayor Emeritus be granted to Henry Garrett, in recognition of
his many years of service to the City of Corpus Christi.
Mayor Adame stated that it was a great pleasure to provide this resolution to Henry Garrett
for his dedication and commitment to the community. Henry Garrett thanked the Council for
bestowing him with this honor.
There were no comments from the audience. City Secretary Chapa polled the Council for
their votes as follows:
6. RESOLUTION NO. 028175
Resolution authorizing that the Honorary Title of Mayor Emeritus be granted to 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: Adame, Adler,
Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye".
Minutes — Regular Council Meeting
May 19, 2009 — Page 4
Mayor Adame opened discussion on Item 7 regarding the financial policies. Interim Assistant
City Manager Cindy O'Brien introduced Interim Director of Financial Services Constance Sanchez
and Assistant Director of Management & Budget Eddie Houlihan who were available to respond to
questions. Mr. Houlihan explained that the Financial Polices require annual adoption and provided a
brief overview of each of the sections in the policy.
The following topics pertaining to this item were discussed: if the City is currently using the
five-year forecasting; quarterly reports; whether closing the books each month allows for the
Comprehensive Annual Financial Report (CAFR) to be completed sooner and delays the quarterly
reports; the language in Section 4 regarding maintaining the effective tax rate versus reducing the
rate; the fund balance reserve; deletion of the statement regarding fiscal discipline from the mission
statement; the facilitator for the Council retreat; whether the Administrative Committee will review the
forecasting; conservative estimates for the property tax rate; and whether the mission statement
included in the financial policy is the mission statement for the City.
Mayor Adame requested that staff bring back the financial policy for review after the Council
retreat.
There were no comments from the audience. City Secretary Chapa polled the Council for
their votes as follows:
7. RESOLUTION NO. 028176
Resolution amending Financial Policies adopted by Resolution No. 027683 and providing
financial policy direction on preparation of the FY 2009-2010 Budget.
The foregoing resolution was passed and approved with the following vote: Adame, Adler,
Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye".
Mayor Adame opened discussion on Item 8 regarding the North Port Avenue Project.
Director of Engineering Services Pete Anaya stated that this item is the last major roadway project to
be awarded as part of Bond 2004 program and provided the project description and bid information.
Mr. Anaya explained that an amendment needs to be made to the appropriating ordinance changing
the appropriation from $6,413,600 to $4,262,577 from the Streets CIP fund and adding $2,151,023
from the Storm Water CIP Fund.
Ms. Martinez made a motion to amend the ordinance. The motion was seconded by Mr.
Chesney. City Secretary Chapa polled the Council for their votes as follows:
The foregoing motion was passed and approved with the following vote: Adame, Adler,
Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye".
The following topics pertaining to this item were discussed: the difference in price between
the asphalt and concrete bids; whether a median is included as part of the project; and the
difference between the engineer's estimate and the actual cost of the project.
Council Member Chesney commented that SLC Construction L.P. is located in Conroe,
Texas but has a local presence in Corpus Christi. Council Member Adler requested an explanation
of the bid process.
There were no comments from the audience. City Secretary Chapa polled the Council for
their votes as follows:
Minutes — Regular Council Meeting
May 19, 2009 — Page 5
8.a. ORDINANCE NO. 028177
Ordinance appropriating $4,262,577 of anticipated revenues from the Texas Department of
Transportation in the No. 3530, Streets Capital Improvement Project (CIP) Fund and
$2,151,023 of anticipated revenues from the Texas Department of Transportation in the No.
3480 Storm Water CIP Fund for the North Port Avenue Project; amending FY 2008-2009
Capital Improvement Budget adopted by Ordinance No. 028006 to increase appropriations
by $6,413,000.
An emergency was declared, and the foregoing ordinance was passed and approved as
amended with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal,
Marez, Martinez, and Scott, voting "Aye".
8.b. MOTION NO. 2009-131
Motion authorizing the City Manager, or his designee, to execute a construction contract with
SLC Construction, L.P. of Conroe, Texas in the amount of $8,046,328.91 for North Port
Avenue from IH 37 to US 181. (BOND ISSUE 2004)
The foregoing motion was passed and approved with the following vote: Adame, Adler,
Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye".
Mayor Adame opened discussion on Item 9 regarding an interlocal agreement with Texas
AgriLife Research. Patrick Wilshire, Economic Development, introduced presenters Dr. Juan
Landivar and Dr. Carlos Fernandez with Texas AgriLife Research. Mr. Wilshire explained that Texas
AgriLife Research is requesting the City's support for participation of integration of bio -refinery
operations through the United States Department of Energy to develop and operate the algae
biofuel production system. Mr. Wilshire provided a brief overview of the project description and
stated that AgriLife is requesting the use of 75,000 gallons of partially treated wastewater or effluent
from the Barney Davis Treatment Plant. Assistant City Attorney Jay Reining explained that an
amendment needs to be made to the resolution and the interlocal agreement changing the style of
the AgriLife name and the indemnity provisions. Director of Wastewater Foster Crowell was also
available to respond to questions.
Ms. Martinez made a motion to substitute the resolution and interlocal agreement. The
motion was seconded by Mr. Scott. City Secretary Chapa polled the Council for their votes as
follows:
The foregoing motion was passed and approved with the following vote: Adame, Adler,
Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye".
Dr. Landivar referred to a powerpoint presentation including the partnerships; the request for
wastewater; the reason for using algae; composition of various algae species; the algae production
system; efficiency of algae to produce biofuels; the reason for selecting Corpus Christi; map of the
water treatment plants in Corpus Christi; picture of the site; production issues; and a vision for the
future.
The following topics pertaining to this item were discussed: changes to the agreement; the
wastewater plant being used for the project; the federal funding; when AgriLife intends to receive an
answer on funding; and whether there will be a cut in the reduction of costs of the wastewater
process to the City during the commercialization phase.
Minutes — Regular Council Meeting
May 19, 2009 — Page 6
There were no comments from the audience. City Secretary Chapa polled the Council for
their votes as follows:
9. RESOLUTION NO. 028178
Resolution authorizing the City Manager to execute an Interlocal Cooperation Agreement
with Texas AgriLife Research, a member of the Texas A&M System, for support of the
AgriLife's participation in General Atomics' Demonstration of Integrated Bio -Refinery
Operations for the United States Department of Energy (Biofuel Project).
The foregoing resolution was passed and approved as substituted with the following vote:
Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting
"Aye".
Mayor Adame called for petitions from the audience. Dr. Gloria Scott, 4422 S. Alameda,
thanked the Council for their leadership and service to the community. Dr. Scott spoke regarding her
observation of local, state and federal government for participation, inclusiveness and diversity. Dr.
Scott provided the Council with information on the upcoming Juneteenth celebration. Ron Hamilton,
3636 S. Alameda, congratulated the Council on their victories and invited the Council to attend the
Citizens Advisory Health Board meeting scheduled for Wednesday, May 20that at 12:00 p.m. to
hear the health issue concerns of citizens regarding the Las Brisas plant. Servando Dimas, 4123
Carroll Lane, spoke regarding the lack of attention to connector streets and improving infrastructure
in area where needed. Mariza Smith, 1400 Ocean Drive, spoke regarding community assisted
agriculture and challenged the public to "romance the dirt".
Mike Staff, President of the Corpus Christi Police Officers Association, congratulated the
Council on behalf of the POA and spoke regarding the search process for the Chief of Police
position. Carlos Torres, President of the Corpus Christi Firefighters Association, congratulated
Mayor Adame and new Council and thanked the outgoing Council for their service. Abel Alonzo,
1701 Thames, asked the Council to support the City Manager and department heads and spoke
regarding the character and ethics of City Manager Escobar. Carolyn Moon, 4902 Calvin, spoke
regarding environmentally friendly issues. Jim Cramer, Chairman of the Ethics Commission, spoke
regarding the Ethics Commission not being allowed to review the recently implemented changes to
the Ethics Ordinance. Mr. Cramer asked the Council to suspend the effective date of the changes to
the Ethics Ordinance until the Ethics Commission can make a recommendation to the City Council.
Rebecca Esparza, Ethics Commission member, was present to support the Ethics Commission.
Mayor Adame asked the City Manager to place this item on next week's agenda.
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There being no further business to come before the Council, Mayor Adame adjourned the
Council meeting at 4:21 p.m. on May 19, 2009.
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