HomeMy WebLinkAboutMinutes City Council - 06/16/2009I 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 June 16, 2009, which were approved by the City
Council on June 23, 2009.
WITNESSETH MY HAND AND SEAL, on this the 23rd day of June, 2009.
Armando Chapa
City Secretary
SEAL
MINUTES
CITY OF CORPUS CHRISTI, TEXAS
Regular Council Meeting
June 16, 2009 - 10:00 a.m.
PRESENT
Mayor Joe Adame
Mayor Pro Tem Kevin Kieschnick
Council Members:
Chris N. Adler
Brent Chesney
Larry Elizondo, Sr.
John Marez
Nelda Martinez
Mark Scott
ABSENT
Priscilla Leal
City Staff:
City Manager Angel R. Escobar
City Attorney Mary Kay Fischer
City Secretary Armando Chapa
Mayor Adame called the meeting to order in the Council Chambers of City Hall.
The invocation was delivered by Reverend Dr. Steve Harwick with First Baptist Church and
the Pledge of Allegiance to the United States flag was led by Council Member Mark Scott.
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 called for approval of the minutes of the regular Council meeting of June 9,
2009. A motion was made and passed to approve the minutes as presented.
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Mayor Adame referred to Item 2 and the following board appointments were made:
Retired and Senior Volunteer Program Advisory Committee
Olga Gonzales (Appointed)
Margaret A. Ramsey (Appointed)
Norma Franklin (Appointed)
Rachel Lerma (Appointed)
Tony Lopez (Appointed)
Mildred McDonel (Appointed)
Tambi Parker (Appointed)
Senior Companion Program Advisory Committee
Shirley Tipton (Appointed)
Maria Odeh (Appointed)
Apolonia P. Cantu (Appointed)
Servando Dimas (Appointed)
Harry Falcon Sr. (Appointed)
Marie Partington (Appointed)
Priscilla Wolf (Appointed)
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Minutes — Regular Council Meeting
June 16, 2009 — Page 2
Mayor Adame called for consideration of the consent agenda (Items 3 - 12). Ms. Carolyn
Moon requested that Item 3 be pulled for individual consideration. Council members requested that
Item 6 be pulled for individual consideration. City Secretary Chapa polled the Council for their votes
as follows:
4. MOTION NO. 2009-166
Motion approving supply agreements with the following companies for the following amounts
for water and wastewater treatment chemicals in accordance with Bid Invitation No. BI -0034-
09, based on only bid and low bid for an estimated six-month expenditure of $297,355.25 of
which $49,559.21 is required for FY 2008-2009. The terms of the contracts will be for six
months with options to extend for up to five additional six-month periods subject to the
approval of the suppliers and the City Manager or his designee. Funds have been budgeted
by the Water and Wastewater Departments in FY 2008-2009, and have been requested for
FY 2009-2010.
Pencco, Inc.
San Felipe, Texas
Hydroflourosilicic Acid
$156,836.75
Ciba Corporation
Suffolk, Texas
Liquid Cationic Polymer
$107,820
Grand Total: $297,355.25
Polydyne, Inc.
Riceboro, GA
Sludge Dewatering Polymer
$32,698.50
The foregoing motion was passed and approved with the following vote: Adame, Adler,
Chesney, Elizondo, Kieschnick, Marez, Martinez, and Scott, voting "Aye'; Leal was absent.
ORDINANCE NO. 028203
Ordinance appropriating $2,341.88 into the Library Capital Improvement Program (CIP)
Fund No. 3210, for improvements to the Anita & W.T. Neyland Public Library from the
following sources: $393.93 from unappropriated interest earnings from the Library Capital
Improvement Program (CIP) Fund No. 3210 and $1,947.95 from royalties from oil, gas and
mineral interests bequeathed to the City library from the Estate of William T. Neyland;
changing FY 2008-2009 Capital Budget adopted by Ordinance No. 028006 to increase
appropriations by $2,341.88.
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Marez, Martinez, and
Scott, voting "Aye"; Leal was absent.
7. RESOLUTION NO. 028204
Resolution authorizing the City Manager or his designee to execute all documents
necessary, including application, to request continued financial assistance for beach
cleaning and maintenance on North Padre Island and Mustang Island during FY2009-2010
under the Texas General Land Office's cleaning and maintenance assistance program.
The foregoing resolution was passed and approved with the following vote: Adame, Adler,
Chesney, Elizondo, Kieschnick, Marez, Martinez, and Scott, voting "Aye"; Leal was absent.
Minutes — Regular Council Meeting
June 16, 2009 — Page 3
8. RESOLUTION NO. 028205
Resolution authorizing the City Manager or his designee to submit a funding application to
the Texas Department of Housing and Community Affairs in the amount of $3,039,667 for
the Weatherization Assistance Program and to execute all related documents.
The foregoing resolution was passed and approved with the following vote: Adame, Adler,
Chesney, Elizondo, Kieschnick, Marez, Martinez, and Scott, voting "Aye"; Leal was absent.
MOTION NO. 2009-167
Motion authorizing the City Manager or his designee to execute a Contract for Professional
Services with Urban Engineering of Corpus Christi, Texas in the amount of $78,980 for
Rehabilitation of the Lift Stations FY 2009 for the design, bid, construction and additional
services.
• Peary Place Lift Station
• Clarkwood South Lift Station
• Williams Lift Station
• Wooldridge Lift Station
• Everhart and Staples Lift Station
• Laguna Shores Lift Station
The foregoing motion was passed and approved with the following vote: Adame, Adler,
Chesney, Elizondo, Kieschnick, Marez, Martinez, and Scott, voting "Aye"; Leal was absent.
10. MOTION NO. 2009-168
Motion authorizing the City Manager or his designee to execute a construction contract with
King -Isles, Inc. of Corpus Christi, Texas, in the amount of $1,278,193 for the
Cimarron/Yorktown Wastewater Lift Station for the Total Base Bid.
The foregoing motion was passed and approved with the following vote: Adame, Adler,
Chesney, Elizondo, Kieschnick, Marez, Martinez, and Scott, voting "Aye"; Leal was absent.
11. MOTION NO. 2009-169
Motion authorizing the City Manager or his designee to execute Amendment No. 9 to an
engineering services contract with Chiang, Patel & Yerby, Inc. of Dallas, Texas in the
amount of $344,000 for a restated not to exceed fee of $750,650 during construction of
Disposal Cell 1 at Cefe Valenzuela Landfill for design, bid, construction and post
construction phase services.
The foregoing motion was passed and approved with the following vote: Adame, Adler,
Chesney, Elizondo, Kieschnick, Marez, Martinez, and Scott, voting "Aye"; Leal was absent.
12.a. ORDINANCE NO. 028206
Ordinance appropriating $977,480 of anticipated revenues from the Texas Department of
Transportation in the No. 3280, Parks Capital Improvement Program (CIP) Fund for the Bay
Trail Phase 3 Project; changing FY 2008-2009 Capital Improvement Program (CIP) Budget
adopted by Ordinance No. 028006 to increase appropriations by $977,480.
Minutes — Regular Council Meeting
June 16, 2009 — Page 4
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Marez, Martinez, and
Scott, voting "Aye"; Leal was absent.
12.b. MOTION NO. 2009-170
Motion authorizing the City Manager or his designee to execute a construction contract with
H&G Contractors of Corpus Christi, Texas in the amount of $413,209.02 for the Bay Trail
Phase 3 project.
The foregoing motion was passed and approved with the following vote: Adame, Adler,
Chesney, Elizondo, Kieschnick, Marez, Martinez, and Scott, voting "Aye"; Leal was absent.
Mayor Adame opened discussion on Item 3 regarding the purchase of vehicles for various
departments. Carolyn Moon, 4902 Calvin, suggested that the City use older vehicles from the fleet
on the beach because of the elements. Director of General Services Jim Davis stated that the City
generally does use older vehicles on the beach. Mr. Davis added that due to high corrosion on the
beach, the trucks that will be used on the beach are a lease purchase. City Secretary Chapa polled
the Council for their votes as follows:
3. MOTION NO. 2009-165
Motion approving the purchase of twenty-two (22) pickup trucks, one (1) intermediate sport
utility vehicle, and lease purchase of three (3) pickup trucks from the following companies for
the following amounts in accordance with Bid Invitation No. BI -0144-09, based on low bid
and low bid meeting specifications for a total amount of $583,184. The vehicles will be used
by the Gas, Neighborhood Services, Parks and Recreation, Storm Water, Street and Water
Departments. Twenty-one (21) vehicles are replacement units and five (5) units are
additions to the fleet. Funding for the purchase of vehicles is available in the Capital Outlay
Budget of the Maintenance Services Fund, the Operational Budget of Neighborhood
Services Department and the Operational budget of the Beach Operations Division. Lease
purchase financing for three (3) pickup trucks will be provided through the City's
lease/purchase financing program.
Champion Ford
Corpus Christi, Texas
Line Items: 2, 4, 5, 8,
9, 10 & 13
$333,921
Mac Haik Ford
Georgetown, Texas
Line Items: 1, 3, 6, 7,
11,12
$249,263
Grand Total: $583,184
The foregoing motion was passed and approved with the following vote: Adame, Adler,
Chesney, Elizondo, Kieschnick, Marez, Martinez, and Scott, voting "Aye"; Leal was absent.
Mayor Adame opened discussion on Item 6 regarding funding from the Time Warner's Cable
Franchise Agreement. Jack Gordy, 4118 Bray, spoke regarding the source of funding and the
stipulation that equipment be kept locked up by the Public Access Users Group (PAUG). Council
Member Marez asked whether the PAUG has had equipment. Director of Public Information Kim
Womack explained that the money from Time Warner is used for the purchase of equipment and
that this is the second request from PAUG Channel 10. Ms. Womack stated that generally the
equipment is small video cameras that can be checked out through the President of the PAUG. Mr.
Marez expressed concern regarding one individual being in charge of the equipment for the PAUG
Minutes — Regular Council Meeting
June 16, 2009 — Page 5
and problems that could occur if a different PAUG president is elected. Ms. Womack reported that
since the studio was dissolved, the PAUG board has been in charge of this process. Ms. Womack
added that the City could take over this process; however, the PAUG has been successful. Ms.
Womack suggested that this topic could be referred to the Cable Commission for review.
Mr. Marez made a motion to table Item 6 to allow for the Cable Commission to review the
equipment procedures. 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: Adame, Adler,
Chesney, Elizondo, Kieschnick, Marez, Martinez, and Scott, voting "Aye"; Leal was absent.
6. TABLED
by $1,232.32.
Mayor Adame referred to Item 13, and a motion was made, seconded and passed to open
the public hearing on the following zoning text amendment:
13. Public Hearing to consider amending Sections 27B -11(A)(11), and 27B -12(B), Corpus
Christi Zoning Ordinance relating to the certification of landscape plans; providing for
penalties; and providing for publication.
City Planner Bob Payne referred to a powerpoint on the proposed changes to the
professional requirements for submittal to landscaping plans including the existing ordinance; the
proposed change to the existing ordinance; planning commission and staffs recommendation; and
the basis for the recommendations. Interim Assistant City Manager of Development Services Johnny
Perales and Assistant Director of Development Services Faryce Goode -Macon were available to
respond to questions.
Council Member Martinez asked questions regarding dialogue with the stakeholders. Mr.
Payne stated that the landscape ordinance was reviewed by the Unified Development Code (UDC)
and several public hearings were held. Mayor Adame asked whether the amendment would include
an additional cost to citizens and if the change puts an additional burden on staff. Mr. Perales stated
that there would be no additional cost to citizens and that staff is currently conducting the
inspections.
No one appeared in opposition to the zoning text amendment. Mr. Chesney made a motion
to close the public hearing, seconded by Mr. Scott, and passed. Mr. Chapa polled the Council for
their votes as follows:
13. FIRST READING ORDINANCE
To consider amending Sections 27B -11(A)(11), and 276-12(B), Corpus Christi Zoning
Ordinance relating to the certification of landscape plans; providing for penalties; and
providing for publication.
Minutes — Regular Council Meeting
June 16, 2009 — Page 6
The foregoing ordinance was passed and approved on its first reading with the following
vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Marez, Martinez, and Scott, voting
"Aye"; Leal was absent.
Mayor Adame referred to Item 14, and a motion was made, seconded and passed to open
the public hearing on the storm water utility rate:
14. Public hearing to consider adoption of an ordinance to establish a storm water utility rate.
Assistant City Manager Oscar Martinez referred to a powerpoint presentation including a
background; storm water utility benefits; a summary of the utility policies; credit considerations; other
Texas cities' charge methods; types of impervious and pervious cover; the utility rate structure;
sample of the storm water and water bills; and timeline.
The following topics pertaining to this item were discussed: how other cities are handling
their water rates; credits for building parking facilities(rain harvesting systems); equivalent residential
unit (ERU); the average residential water consumption; who attended the public hearings, where the
meetings were located, the organizations invited, and the reaction from those meetings; whether the
development community is in favor of the storm water utility; background on the establishment of the
separate starm water fund; if this proposal will increase costs to citizens; the City's credit rating; the
impact on low income areas and apartment complexes; data on impervious cover; apportionment
data; completion of the master plan; what other communities are doing to create infrastructure;
pervious cover; the flat fee structure for Lubbock and Laredo; and the fee structure based on the
structure today without water rate increases.
Mr. Chesney directed staff to provide proof that the taxpayers will not see an increase in
rates by separating the storm water rate.
Mayor Adame called for a brief recess to present proclamations and listen to public comment
Mayor Adame called for petitions from the audience. Patricia Longoria, 4501 Lamont, spoke
regarding the status of the program Ending Chronic Homelessness. Dr. Gloria Scott, 4422 S.
Alameda, spoke regarding the Juneteenth celebration and disbursement of federal funding. Carolyn
Moon, 4902 Calvin, spoke regarding beach maintenance and driving City vehicles on the beach.
Wilsori Wakefield, 6026 Killarmet, spoke in opposition to the Las Brisas plant. Jack Gordy, 4118
Bray, spoke regarding the elimination of the Sister City budget and the Student Exchange Program.
Ron Hamilton, 3636 S. Alameda, spoke regarding homelessness and the Las Brisas plant. Mary
Ann Kelly, 4302 Schanen, spoke regarding Council Member Leal's dedication to District 3; the storm
water utility fee; and the position of an internal auditor. David Noyola, 4433 Valdez, asked the
Council to reconsider placing the "dog park" at the Dr. Hector P. Garcia Park. Susie Luna Saldana,
4710 Hakel, spoke regarding the storm water rate affecting the lower income citizens and the Code
of Ethics. Amy Granberry, 209 Pecos, stated that the Homeless Issues Partnership board met with
business owners in the downtown area to work on the homeless solution. Ms. Granberry asked the
Council to support the business owners request for more police patrol in the downtown area. Colin
Sykes, 309 Aberdeen, spoke in opposition to the Las Brisas plant and asked the Council to consider
a clean energy economy. Carlos Torres, President of the Corpus Christi Firefighters Association,
spoke regarding maintaining the present staffing levels or increasing the staffing for the Fire
Department.
Minutes — Regular Council Meeting
June 16, 2009 — Page 7
Mayor Adame returned to Item 14 regarding the public hearing to consider adoption of an
ordinance to establish a storm water rate. Mayor Adame called for comments from the audience.
J.E. O'Brien, 4130 Pompano, spoke regarding information on the storm water utility rate; the water
rates and costs of services from 1995; and charges for small parcels and large parcels of land. Tim
Stephens, 5733 Ocean Drive, expressed concern regarding the allocation of the storm water tax and
the fees based on impervious cover. Mr. Stephens stated that it is not right to encourage higher
usage. Sheila Cudd, 7106 Fort Collins, spoke regarding the impact of the rate on apartment
complexes and smaller residential users. Ms. Cudd said the plan is not fair by rewarding customers
that use more water. Bill Kopecky, 3609 Topeka, spoke regarding the City, school districts, colleges,
and Naval Air Station contributing their fair share of storm water costs. Jack Gordy, 4118 Bray, said
the information on the storm water rate is misleading. Gloria Scott, 4422 Alameda, asked the
Council to direct staff to decentralize the public meetings on this issue and hold a meeting in each
district. Mary Ann Kelly, 4302 Schanen, spoke regarding the ramifications of the storm water rate
and encouraged the Council to focus on issues regarding the change of the fiscal year and the
internal auditor position. Carolyn Moon, 4902 Calvin, spoke regarding the effect of the storm water
rate on residential and commercial customers.
The following topics pertaining to this item were discussed: charges for homeowners that live
on water canals; the matrix for determining rates; the Storm Water Advisory Committee; the
recommendation from the Planning Commission; whether independent school districts are exempt;
proof that the rate is revenue neutral; and the cost for billing.
Council Member Marez encouraged staff to hold additional public meetings in the five
districts.
Mr. Chesney made a motion to close the public hearing, seconded by Mr. Scott, and passed.
Mayor Adame opened discussion on Item 15 regarding the approval of the FY2009-2010
budget for the Crime Control and Prevention District. There were no comments from the audience.
City Secretary Chapa polled the Council for their votes as follows:
15. RESOLUTION NO. 028207
Resolution approving the FY 2009-2010 Budget for the Corpus Christi Crime Control and
Prevention District.
The foregoing resolution was passed and approved with the following vote: Adame, Adler,
Chesney, Elizondo, Kieschnick, Marez, Martinez, and Scott, voting "Aye"; Leal was absent.
Mayor Adame called for a brief recess.
Mayor Adame opened discussion on Item 16 regarding a business incentive agreement for
GlobalWatt, Inc. Director of Economic Development Irma Caballero explained that this item is a
resolution for approval of a business incentive agreement between the Corpus Christi Business and
Job Development Corporation (4A Board) and GlobalWatt and a business incentive project support
agreement between the City and the 4A Board. Ms. Caballero stated that the contract is to attract a
long term investment and establish new jobs in Corpus Christi to improve the economic base.
Minutes — Regular Council Meeting
June 16, 2009 — Page 8
Ms. Caballero said that staff is recommending going into executive session to review the final
terms of the agreement.
Mayor Adame announced the executive session under Section 551.087 of the Texas
Government Code to deliberate the offer of a financial or other incentive to a business prospect,
GlobalWatt, that the City Council seeks to have locate, stay, or expand in or near the City and with
which the City Council is conducting economic development negotiations, with possible discussion
and action in open session.
The Council went into executive session. The Council returned from executive session.
Ms. Caballero stated that staff is requesting approval of the agreement to grant business
incentives to GlobalWatt, Inc. for the creation of a minimum of 175 and up to 400 new full time
permanent jobs in Corpus Christi and a capital investment of $189.5 million over a six-year period.
Ms. Caballero added that staff is also recommending approval of the business incentive project
support agreement between the City and the 4A Board for the administration of the project. Ms.
Caballero provided a brief overview of the performance requirements.
There were no comments from the audience. City Secretary Chapa polled the Council for
their votes as follows:
16. RESOLUTION NO. 028208
Resolution approving a business incentive agreement between the Corpus Christi Business
and Job Development Corporation and GlobalWatt, Inc., for the manufacturing,
management, and installation of photovoltaic technology and authorizing the City Manager
or his designee to execute a Business Incentive Project SupportAgreementwith the Corpus
Christi Business and Job Development Corporation regarding implementation and
administration of the GlobalWatt, Inc., Business Incentive Agreement.
The foregoing resolution was passed and approved with the following vote: Adame, Adler,
Chesney, Elizondo, Kieschnick, Marez, and Martinez, voting "Aye; Leal was absent.
Mayor Adame referred to Item 17 regarding the Special Budget Presentation - Proposed FY
2009-2t10 Operating Budget - General Fund Part 2 covering the following departments: Municipal
Court, Fire, Police, Street Services, and Solid Waste Operations.
Assistant Director of Budget Eddie Houlihan provided information regarding the expenditures
by function for Municipal Court, Fire, Police, Streets; and Solid Waste; health insurance increases;
the Solid Waste 2010 full time equivalent comparison; and Solid Waste current fees. Assistant City
Manager Oscar Martinez referred to a powerpoint presentation on Solid Waste Operations including
an overview; benefits of the program to residents, the community, and the organization; the recycling
contract; the clean city goals; challenges and opportunities; the 2010 commercial rate comparison;
the 2009 residential rate comparison; the 2010 proposed program changes and benefits; and
service changes.
The following topics pertaining to this item were discussed: the alternative hiring program
proposed to supplement the Fire Academy; the costs to the City in year four to fund the potential
additional 10 police cadets funded through the economic stimulus funding; health insurance
increases for Fire; how the increase in recycling is predicted; whether Dolphin Recycling will expand
the options for recycling materials; the market for glass and plastic; the categories of materials the
Minutes — Regular Council Meeting
June 16, 2009 — Page 9
City currently recycles; the Recycle Bank program; converting to less frequent brush collection
including enforcement and education; if the solid waste fees will increase; the current brush
schedule; the Texas cities that have once a week trash collection; the impact to next fiscal year for
eliminating full time equivalents in Solid Waste; recycling goals; the Clean City Coordinator position;
whether there would be an increase in solid waste fees if the City stays at twice a week collection;
an alternative funding stream for street services expenditures; and the reorganization of the juvenile
court.
Mayor Adame opened discussion on Item 18 regarding the Memorial Coliseum. City
Secretary Chapa announced that Council Member Chesney would abstain from the discussion and
vote on Item 18.
Director of Economic Development Irma Caballero referred to a powerpoint presenting
including an outline of the Request for Proposal (RFP); goals; site information; timeline; key
proposal requirements; selection requirements; and discussion points.
The following topics pertaining to this item were discussed: the possibility of cutting the
timeframe; the commission of an economic impact study; consideration of removing the structure at
the end of the process; providing an appropriate memorial for veterans; the project conforming to
the Downtown Master Plan or the Bayfront Master Plan; the value of the property; including
language in the RFP to redevelop, partially redevelop or remove the building; anticipated additional
utility costs; background checks; the selection committee; and advertising of the RFP.
Mayor Adame stated that he would like to chair the selection committee and have the
committee include three council members. Council members gave direction on possible areas for
advertising.
There being no further business to come before the Council, Mayor Adame adjourned the
Council meeting at4:04 p.m. on June 16, 2009.
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