HomeMy WebLinkAboutMinutes City Council - 06/23/2009I 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 23, 2009, which were approved by the City
Council on June 30, 2009.
WITNESSETH MY HAND AND SEAL, on this the 30th day of June, 2009.
Armando Chapa
City Secretary
SEAL
MINUTES
CITY OF CORPUS CHRISTI, TEXAS
Regular Council Meeting
June 23, 2009 - 10:00 a.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
Mayor Adame called the meeting to order in the Council Chambers of City Hall.
The invocation was delivered by Reverend Marcus Denson with Waves Christian Fellowship
and the Pledge of Allegiance to the United States flag was led by Council Member John Marez.
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.
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MayorAdame opened discussion on Item 17 regarding an appeal by Ronald A. Voss, Sr. of
the decision of the Building Standards Board. Arnold Gonzalez, Jr. announced that his services
were recently retained to represent Ronald A. Voss, Sr. on this appeal process and requested that
the Council table the appeal by Mr. Voss to allow for time to review the files and further confer with
City staff. Mr. Elizondo made a motion to table the appeal for three weeks. 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, Leal, Marez, Martinez, and Scott, voting "Aye".
17. POSTPONED UNTIL JULY 14, 2009
Addition, commonly known as 1502 Tarlton Street.
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MayorAdame called for approval of the minutes of the regular Council meeting of June 16,
2009. A motion was made and passed to approve the minutes as presented.
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MayorAdame called for consideration of the consent agenda (Items 2 - 13). There were no
comments from the public. Council members requested that Item 10 be pulled for individual
consideration. City Secretary Chapa polled the Council for their votes as follows:
Minutes — Regular Council Meeting
June 23, 2009 — Page 2
2. MOTION NO. 2009-171
Motion approving primary and secondary service agreements with the following companies
in the following amounts for closed circuit television pipeline inspection services in
accordance with Bid Invitation No. BI -0139-09 as amended, based on best value to Video
Plumbing, Inc., of Corpus Christi as primary contractor and Shoreline Plumbing, Inc., of
Corpus Christi as secondary contractor. Estimated annual expenditure of $331,640, of which
$27,636.67 is budgeted in FY 2008-2009. The term of the service agreements 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. The service will be
used by the Wastewater Department. Funds are budgeted in the Wastewater Department
Operational Budget in FY 2008-2009 and have been requested for FY 2009-2010.
The foregoing motion was passed and approved with the following vote: Adame, Adler,
Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye".
3. MOTION NO. 2009-172
Motion approving the purchase of four (4) sport utility vehicles, three (3) pickup trucks and
two (2) cargo vans from Philpott Motors Ltd., of Nederland, Texas for a total amount of
$163,581. The award is made in accordance with the cooperative purchasing agreement
with the Texas Local Government Cooperative. The vehicles will be used by the
Engineering Services, Municipal Information Systems (MIS) and Wastewater Department.
Funding is available in the Engineering Services Fund, Maintenance Services Fund and
Municipal Information Systems (MIS) Fund in FY 2008-2009.
The foregoing motion was passed and approved with the following vote: Adame, Adler,
Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye".
4. MOTION NO. 2009-173
Motion approving the purchase of hardware, software, and services to expand the Coastal
Bend Regional 800 MHz Public Safety Radio System from Dailey & Wells, of San Antonio,
Texas based on sole source for a total expenditure of $330,000. Funds are available
through the Port Security Grant.
The foregoing motion was passed and approved with the following vote: Adame, Adler,
Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye".
5.a. RESOLUTION NO. 028209
Resolution authorizing the City Manager or his designee to accept a $55,139 grant awarded
by the Corporation for National and Community Service for Retired and Senior Volunteer
Program (RSVP).
The foregoing resolution was passed and approved with the following vote: Adame, Adler,
Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye".
5.b. ORDINANCE NO. 028210
Ordinance appropriating a $55,139 grant from the Corporation for National and Community
Service in the No. 1067 Parks and Recreation grants fund for the Retired and Senior
Volunteer Program.
Minutes — Regular Council Meeting
June 23, 2009 — Page 3
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".
6.a. RESOLUTION NO. 028211
Resolution authorizing the City Manager or his designee to accept a $270,943 grant
awarded by the Corporation for National and Community Service for the Senior Companion
Program.
The foregoing resolution was passed and approved with the following vote: Adame, Adler,
Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye".
6.b. ORDINANCE NO. 028212
Ordinance appropriating a $270,943 grant from the Corporation for National and Community
Service in the No. 1067 Parks and Recreation grants fund for the Senior Companion
Program.
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".
7. MOTION NO. 2009-174
Motion authorizing the City Manager or his designee to execute a construction contract for
the Base Bid and Additive Alternates 1 - 3 with Haas -Anderson Construction, Ltd. of Corpus
Christi, Texas in an amount not to exceed $1,950,725.25 for the Corpus Christi International
Airport Airfield Perimeter Road Improvements.
The foregoing motion was passed and approved with the following vote: Adame, Adler,
Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye".
8. MOTION NO. 2009-175
Motion authorizing the City Manager or his designee to execute a construction contract with
Bridges Specialties of Sandia, Texas in the amount of $280,227.50 for the Salt Flats
Drainage System Improvements, Phase II, Sta. 17+50 through Sta. 39+20 for the Total Base
Bid.
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. 2009-176
Motion authorizing the City Manager or his designee to execute Amendment No. 1 to the
Contract for Professional Services with Bath Engineering Corporation of Corpus Christi,
Texas in the amount of $430,355 for a restated amount of $454,355 for the O.N. Stevens
Electrical Distribution Improvements for design, bid and construction phase services, and
additional services.
Minutes — Regular Council Meeting
June 23, 2009 — Page 4
The foregoing motion was passed and approved with the following vote: Adame, Adler,
Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye".
11. MOTION NO. 2009-178
Motion authorizing the City Manager or his designee to execute Change Order No. 8 to the
construction contract with Haas -Anderson Construction, Ltd. of Corpus Christi, Texas in the
amount of $3,096,975.60 for a net change order amount of $1,842,634 for a new contract
price of $8,944,628.38 for the Street Overlays Project, Clusters 1, 3 and 4 to overlay Holly
Road from Ayers Street to Rodd Field Road.
The foregoing motion was passed and approved with the following vote: Adame, Adler,
Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye".
12. MOTION NO. 2009-179
Motion authorizing the City Manager, or his designee, to execute a Contract for Professional
Services with RVE, Inc. of Corpus Christi, Texas in the amount of $534,830 for2009 Capital
Improvement Program (CIP) Mansheim Area Wastewater Improvements for preliminary
design, design, bid, construction phase services, and additional services.
The foregoing motion was passed and approved with the following vote: Adame, Adler,
Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye".
13. ORDINANCE NO. 028213
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.
(First Reading 06/16/09)
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 opened discussion on Item 10 regarding the Laguna Shores Road
Rehabilitation Project. Council Member Adler asked for an update on the project and the reason for
the delay. Director of Engineering Services Pete Anaya stated that the project is awaiting the final
permit approval from the U.S. Army Corps of Engineers and that staff anticipates receiving the
permit within the next couple of weeks. Mr. Anaya added that the project has been impacted due to
Hurricane Ike and the delay of the permit. Council Member Martinez spoke regarding prior council
action and expressed concern on the construction costs. In response to Ms. Martinez, Mr. Anaya
stated that the project has surpassed the bid costs timeframe by four to five weeks. Mr. Anaya
provided a brief overview of the project description for the change order. Council Member Martinez
asked that staff provide written information on the status of the permit from the U.S. Army Corps of
Engineers. City Secretary Chapa polled the Council for their votes as follows:
10. MOTION NO. 2009-177
Motion authorizing the City Manager or his designee to execute Change Order No. 1 to the
construction contract with H&G Contractors of Corpus Christi, Texas, in the amount of
$117,064.40 for a restated amount of $3,036,745.56 for the Laguna Shores Road
Rehabilitation from Graham Road to Hustlin' Hornet Drive Project to undertake drainage
improvements for the Triple Crown Road and Citation Drive Area. (Bond Issue 2004)
Minutes — Regular Council Meeting
June 23, 2009 — Page 5
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 14, and a motion was made, seconded and passed to open
the public hearing on the following zoning case:
Case No. 0509-03, Roland & Robert Beck, d.b.a. South Texas R & R Rentals: A change in
zoning from the "F -R" Farm -Rural District and "B-4" General Business District to "1-2" Light
Industrial District resulting in a change of land use from vacant use to light industrial use on
the property described as Hudson Acres Annex Lot 10, Block 1, generally located on the
southside of Leopard Street, approximately 500 feet east of Main Drive and 1000 feet west
of Rhew Road.
City Secretary Chapa stated that the Planning Commission and staff recommended approval
of the "1-2" Light Industrial District for the outdoor storage of equipment and the construction of metal
buildings.
Assistant Director of Development Services Faryce Goode -Macon referred to a powerpoint
presentation including an area location map; the subject case area; 2007 aerial photo; the allowable
uses for the "F -R" Farm Rural District, "B-4" General Business District, and the "1-2" Light Industrial
District; photos of the subject property; the existing land use map; the future land use map; and the
Planning Commission and staffs recommendation.
Mayor Adame called for comments from the audience. Jovita Gomez, 1538 Main Drive,
spoke regarding blocking the alley way between the subject property and the residential area; noise;
and the use of the property. Victor Valdez, 1446 Main Drive, stated that the alley is used for fire and
emergency uses. Velia Garza, 1702 Main Drive, spoke regarding drainage issues; the use of
caliche; and increased traffic of large vehicles on Main Drive. An unidentified man, 1037 Airline,
suggested putting a road between the alley and the residential neighborhood.
Mr. Elizondo made a motion to close the public hearing, seconded by Mr. Scott, and passed.
The following topics pertaining to this item were discussed: whether the property is currently
platted; review of the surface drainage; if there is a dedicated alley between the subject property and
the residential area; the utility easement; the right of the applicant to fence with the current zoning;
the proposed use for the subject property; the planning commission's recommendation; existing,
adjoining industrial property; limited truck size allowed in residential neighborhoods; whether people
currently drive through the back of the residential property lines; fencing requirements for the
proposed zoning; verifying that the applicant is not blocking the ingress and egress access; use of
caliche and the impact to the residents; height restrictions; the amount of work completed by the
applicant; the zoning for the property fronting Leopard Street; establishing a buffer between the
subject property and residential area; access to the residential property; whether there is a drainage
culvert along the side of the subject property; the buffers located in surrounding low density
residential properties; and the site plan.
Mr. Scott made a motion to zone the left side of Tract "B-4" and the right side of Tract"1-2".
The motion was seconded by Mr. Marez. A brief discussion ensued regarding the applicant's
purpose for rezoning and the site plan. Mr. Scott withdrew his motion.
Minutes — Regular Council Meeting
June 23, 2009 — Page 6
Ms. Martinez made a motion to table this zoning case for one week to allow the applicant to
provide a site plan and information on the use of the property. 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".
14. POSTPONED UNTIL JUNE 30, 2009
Amending the Zoning Ordinance, upon application by Roland and Robert Beck, d.b.a. South
from the existing Comprehensive Plan; providing a repealer clause; providing a penalty; and
Council Member Kieschnick requested that the applicant provide information on the purpose
for the rezoning and use of the property.
Mayor Adame opened discussion on Item 15 regarding the City of Corpus Christi's Energy
Management Program. Director of Intergovernmental Relations Rudy Garza and Assistant City
Manager Oscar Martinez presented this item. Mr. Garza referred to a powerpoint presentation
including an overview of the proposal; background information; energy efficiency goals, strategies,
and financing; renewable energy development; fuel conservation; hybrid vehicles; green city
program; and other considerations. Mr. Garza also provided a copy of an article from "Texas
Monthly" regarding wind, solar energy, and bio -fuels.
The following topics pertaining to this item were discussed: equipment standardization;
whether the City has resolved the issues regarding the methane gas contract for the Elliot Landfill
Gas to Energy project; if the City can currently purchase compressed natural gas (CNG) vehicles;
opening the CNG station; the current cost to purchase a diesel truck; implementation of a CNG
vehicle program; collaboration with other governmental entities; policy changes; next steps;
categorization of projects; developing a "Green City Group" that reports to the City Council on a
quarterly basis; and network with the community.
There were no comments from the audience. City Secretary Chapa polled the Council for
their votes as follows:
15. RESOLUTION NO. 028214
Resolution adopting the City of Corpus Christi's Energy Management Program to reduce
energy and fuel consumption, increase energy efficiency, develop renewable energy
initiatives, and implement a Green City Program.
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 called for a brief recess to present proclamations and listen to public
comment.
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Minutes — Regular Council Meeting
June 23, 2009 — Page 7
Mayor Adame called for petitions from the audience. Douglas Schaffer, 13926 Dasmarinas,
spoke regarding recycling. Sheila Cudd, 7106 Ft. Collins, spoke regarding water issues in South
Texas due to the proposed power plants including the Las Brisas Plant. Ms. Cudd stated that the
City needs to look at water conservation. Ron Hamilton, 3636 S. Alameda, asked the Council to hold
a public hearing on the Las Brisas plant. Richard Taylor, 626 Meadowbrook, spoke regarding the
recycling of glass products. Wilson Wakefield, 6026 Killarmet, spoke in opposition to the Las Brisas
plant. Colin Sykes, spoke regarding global warming and carbon dioxide. Mr. Sykes also spoke in
opposition to the Las Brisas plant. Mark Minutaglio, 338 441h Street, thanked the Council for the job
they are doing and spoke regarding pride and beautification of the City; the Clean City Coordinator
position; and the Recycle Bank Program. Abel Alonzo, 1701 Thames, spoke regarding the
relocation of the Whataburger headquarters and asked the public to continue to have an open mid
on the Las Brisas issue.
Mayor Adame referred to Item 18 regarding a presentation on the Proposed FY2009-2010
Operating Budget: Enterprise Fund Overview. Assistant City Manager Oscar Martinez referred to a
powerpoint presentation of the utility funds including the summary of fund balances; the summary of
working capital; major utility capital improvements projects; annual utility debt service; customer
growth rate; water consumption; cost of purchased water; water fund full time equivalents; water
fund major revenues and expenditures; analysis of sample water bills; the storm water utility
definition and example of revenue neutrality; a sample bills detailing the impact of the storm water
utility on Community Development Block Grant (CDBG) area residences; and sample residential and
commercial billing. Mr. Martinez also provided a copy of the Storm Water Utility Policy Manual.
The following topics pertaining to this item were discussed: the impact of the storm water
utility on CDBG area on the southside; the definition of revenue neutral; the reason for developing
the storm water utility; if there are safeguards in place that will ease the concern of citizens to
address that the storm water utility will not create additional revenues; the increase of the transfer to
utility system debt service fund in FY2010; and the current water department utilities budget.
Mayor Adame asked that the budget presentation be delayed for consideration of Item 16
regarding the nominations to the Ingleside Redevelopment Authority.
Mayor Adame opened discussion on Item 16 regarding the nomination to the Ingleside Local
Redevelopment Development Authority Board of Directors. Mayor Adame stated that the City of
Ingleside has reestablished the LRA. Mr. Adame explained that the purpose of the LRA is to plan
and implement the redevelopment of the 155 acre surplus property— Naval Station Ingleside facility.
Mr. Adame added that the LRA will be governed by eleven (11) members with two (2) nominations
requested by the City of Corpus Christi. Mr. Adame stated that he recommended the appointment of
Council Member Brent Chesney and Dr. Robert Furgason as the city nominees.
Mr. Kieschnick made a motion to nominate Dr. Robert Furgason and Council Member Brent
Chesney to the new Ingleside Local Redevelopment Authority (LRA) implementation Board of
Directors. The motion was seconded by Ms. Adler.
There were no comments from the audience. The foregoing motion was passed and
approved with the following vote:
Minutes — Regular Council Meeting
June 23, 2009 — Page 8
16. MOTION NO. 2009-180
Motion nominating Dr. Robert Furgason and Council Member Brent Chesney to the new
Ingleside Local Redevelopment Authority (LRA) Implementation Board of Directors.
The foregoing motion was passed and approved with the following vote: Adame, Adler,
Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye".
Council Member Martinez spoke regarding the City's representatives to the LRA planning
Board of Directors. Mike Hummell, 555 N. Carancuha, stated that the planning LRA entity is still in
existence until the Office of Economic Adjustment recognizes the newly created Defense Base
Development Authority. A brief discussion was held on whether to replace Henry Garrett's position
on the LRA planning board until the new entity is recognized.
Mr. Elizondo made a motion to appoint Council Member Brent Chesney to replace Henry
Garrett on the Ingleside Local Redevelopment Authority (LRA) planning Board of Directors. The
motion was seconded by Mr. Kieschnick.
The foregoing motion was passed and approved with the following vote: Adame, Adler,
Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye".
Council Member Scott stated that he was disappointed that Mayor Adame would not be
serving on the LRA board because his leadership would have brought a great benefit to the
community.
Rosie Collin, Project Manager for the LRA, expressed her gratitude to the Council for
agreeing to be part of the LRA.
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Mayor Adame returned to discussion on Item 18 regarding a presentation on the Proposed
Fy2009-2010 Operating Budget: Enterprise Fund Overview. Assistant City Manager Oscar Martinez
continued his presentation on the utility funds including the storm water fund full time equivalents,
major revenues and expenditures; the utility rate structure summary; gas full time equivalents, major
revenues and expenditures; gas consumption; wastewater full time equivalents, major revenues and
expenditures; and a wastewater sample bill. Assistant Director of Budget Eddie Houlihan provided a
brief overview of the revenues and expenditures by function for the Airport, Golf, and Marina fund
and the budget calendar.
The following topics pertaining to this item were discussed: the storm water utility budget; the
correlation between natural gas and diesel; the reasons that the golf fund has not been performing
well; closure of the golf courses; concessions at the golf courses; when the repairs will be completed
at the golf courses; marketing of the boat slips; debt services for the bonds on the boat slips; the
cost of living adjustment (COLA) increase in the water fund; the Airport Industrial Park (International
Business Center) as a potential revenue source; golf fee increases; developing a zero based budget
and implementation; whether departments outside City Hall budget for utilities; and changing the
budget fiscal year.
Council Member Scott requested background information on the decision for the cost of
living adjustment in the water fund. Council Member Elizondo directed staff to provide information on
identifying a department to begin a zero base budget for next fiscal year. Council Member Chesney
Minutes — Regular Council Meeting
June 23, 2009 — Page 9
asked staff to include an agenda item on the development of a zero base budget and changing the
fiscal year.
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There being no further business to come before the Council, MayorAdame adjourned the
Council meeting at 2:38 p.m. on June 23, 2009.