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HomeMy WebLinkAboutMinutes City Council - 08/25/2009PRESENT Mayor Joe Adame Mayor Pro Tem John Marez* Council Members: Chris N. Adler Brent Chesney Larry Elizondo, Sr. Kevin Kieschnick Priscilla Leal Nelda Martinez Mark Scott *Arrived at 12:36 p.m. MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting August 25, 2009 - 12:00 p.m. 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 Pastor Pamela D. Dykehouse with St. Luke's United Methodist Church and the Pledge of Allegiance to the United States flag was led by Council Member Larry Elizondo. 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 August 18, 2009. A motion was made and passed to approve the minutes as presented. ************ Mayor Adame called for petitions from the audience. Gerry Sansing, 5426 Chevy Chase, spoke regarding the Keeping Every Youth in School (KEYS) event on September 12th and requested that the Council listen to a the medical presentation on the Las Brisas Plant. Carolyn Moon, 4902 Calvin, spoke regarding the newspaper vending machines placed on the sixth floor and the effect of the Las Brisas plant on downtown redevelopment. Trian Serbu, 14310 Playa del Rey, spoke regarding development next to the Memorial Coliseum; Sh6reline improvements; and the Bayfront Master Plan. Will Douglas, 5029 Royalton Drive, spoke on behalf of several retail businesses that oppose the storm water utility rate. Mr. Douglas also stated that he would like to see development along the Bayfront. Wilson Wakefield, 6026 Killarmet, spoke in opposition to the Las Brisas plant and the effect the plant will have on the water supply. Mr. Wakefield presented pictures of the current conditions of various water resources. Margaret Fratile, 3606 Tripoli, spoke regarding the lack of code enforcement and building inspections at a business property located at 2747 S. Staples. John Dougherty, 658 Moray Place, spoke regarding the increase in wastewater fees. Tim Byerly, 7722 Jacinto, spoke in support of the swim center project for the Memorial Coliseum. Adam Scott, 5440 Everhart, spoke in support of the USA Swimming Center and invited the Council to attend a swim practice at Greenwood pool. Jerry Colmenero, 506 Ohio, spoke regarding an abandoned apartment building on Stillman Street and asked that the City fine the owner and asks them to maintain the building, properly vacate the building or tear it down. J.E. O'Brien, 4130 Pompano, spoke regarding the issuance of tax notes and the need for an internal auditor. Mary Ann Kelly, 4302 Schanen, spoke regarding the enforcement of ordinances on trashing. Roland Mower, CEO of the Corpus Christi Regional Economic Development INDEXED Minutes — Regular Council Meeting August 25, 2009 — Page 2 Corporation, spoke in support of the Las Brisas Energy Center and the impact to the economy. Abel Alonzo, 1701 Thames, asked the public to keep an open mind regarding the Las Brisas plant. John Kelley, 413 Waco, provided the Council with statistics on costs associated with the Las Brisas plant including non -attainment costs, increased health care costs, and increased water costs. * * * * * * * * * * * * MayorAdame opened discussion on Item 16 regarding the storm water utility rate. Assistant City Manager Oscar Martinez stated that staff recommended deferring action on the storm water rate during the budget discussions for a minimum of six (6) months to continue educating the public; work through policy issues and potential adjustments to the minimum bilis; and placing caps on the utility rate structure. Mr. Martinez explained that staff has placed this item on the agenda to revisit and address whether the Council wants staff to continue with this issue. Mr. Martinez added that the staff would like the opportunity to continue, review, analyze and come back with a recommendation for Council regarding the storm water utility rate. Mayor Adame called for comments from the audience. Carol Scott, President of the Corpus Christi Independent School District (CCISD) Board of Trustees, stated that CCISD will incur a net $400,000 in additional expenses as a result of the utility rate and spoke regarding credit for implementing a storm water drainage educational program. Ms. Scott requested that the City finalize the details of the storm water drainage educational program credit to allow the district to have a full understanding or consider waiving the fees for school districts. Foster Edwards, CEO of the Corpus Christi Chamber of Commerce, stated that the Chamber membership is concerned that this proposal will cost businesses additional money and asked the council to not accept staffs recommendation and stop discussions on this matter today. J.E. O'Brien, 4130 Pompano, stated that in the 1990's, a storm water utility rate was considered and determined that it should not be formed. Mr. O'Brien acknowledged that the City does not need a storm water utility rate now. Bob Weatherford, ex -CEO of Gulf Compress, spoke against the passage of the proposed storm water utility charge and the increased cost to businesses with Targe impervious cover and small storm water usage. Mr. Weatherford stated that the City needs to be more proactive when working with businesses. Robert Sweezy, Vice President of Administration at Gulf Compress, reiterated Mr. Weatherford's statements and spoke regarding the City having the highest fees in the state for commercial and residential rates and communications with -those businesses being extremely affected. Mr. Sweezy recommended that the City look for savings in the storm water budget; research other methods to fund storm water; have all the stakeholders involved; and provide credits for the best business practices. John Kelley, 413 Waco, stated that currently the storm water residential customer is subsidizing businesses. Mr, Kelley urged the Council not to kill this item and recommended implementing the rate over a three to five year period; encourage best practices; consider credits; involve the stakeholders; and review the ordinances in place. Leon Loeb, 921 N. Chaparral, encouraged the Council to set this issue aside until there is a complete understanding of the structure of the budget. Carolyn Moon, 4902 Calvin, stated that the Council should not completely kill this item because of all the work already done. Reagan Brown, 5830 McArdle, asked the Council to reconsider this item and consider the long term effect on the City of Corpus Christi. Mr. Brown stated that the City wants to attract large corporate citizens. Tim Clower, 415 Starr Street, stated that the Council needs to promote the community's image as a pro -growth community instead of adding additional taxes. Minutes — Regular Council Meeting August 25, 2009 — Page 3 The following topics pertaining to this item were discussed: the increased annual cost for Gulf Compress; whether Gulf Compress thinks they currently pay their fair share of storm water expenses; if the City has one of the highest water utility rates in the state; exemptions for school districts; credits for best practices; communication with stakeholders; implementation a storm water drainage educational program; long term solutions; equity; and the effect of the rate on the residents and commercial customers. Mr. Kieschnick made a motion to cease implementation of the storm water utility rate. The motion was seconded by Ms. Leal. City Secretary Chapa polled the Council for their votes as follows: 16. MOTION NO. 2009-242 Motion to cease implementation of the storm water utility rate. 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 13, and a motion was made, seconded and passed to open the public hearing on the following platting ordinance amendment: 13. Public Hearing to consider and Ordinance exempting Ainsworth Industrial Park, a subdivision located north of County Road 48 and west of U. S. Highway 77, approximately one-half mile outside of the City limits, from payment of wastewater lot or acreage fees pursuant to Section V. B.8.1) of the Platting Ordinance; requiring owner/developer to comply with the specified conditions. Interim Assistant City Manager Johnny Perales stated that under the platting ordinance, the City may exempt an area from payment of lot or acreage fees if it is determined that the development will not likely be served by utility services within the next 15 years. Mr. Elizondo made a motion to close the public hearing, seconded by Mr. Marez, and passed. Mr. Chapa polled the Council for their votes as follows: 13. ORDINANCE NO. 028281 Ordinance exempting Ainsworth Industrial Park, a subdivision located north of County Road 48 and west of U. S. Highway 77, approximately one-half mile outside of the City limits, from payment of wastewater lot or acreage fees pursuant to Section V.B.B.I) of the Platting Ordinance; requiring owner/developer to comply with the specified conditions. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Marez, and Martinez, voting "Aye"; Leal was absent. ************ Mayor Adame called for consideration of the consent agenda (Items 2 - 11). Mr. Johnny French requested that 5 be pulled for individual consideration. Council Member Adler requested that Item 6 be pulled for individual consideration. City Secretary Chapa polled the Council fortheirvotes as follows: Minutes — Regular Council Meeting August 25, 2009 -- Page 4 2 MOTION NO. 2009-236 Motion approving a service agreement with Tex -American Recycling, of Forth Worth, Texas for used tire disposal service in accordance with Bid Invitation No. B1-0183-09 based on low bid for an estimated annual expenditure of $83,160. The term of the service agreement will be for 12 months with an option to extend for up to two additional 12 -month periods subject to the approval of the supplier and the City Manager or his designee. Funds have been budgeted by Solid Waste and Maintenance Services departments 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.a. ORDINANCE NO. 028275 Ordinance appropriating an amount of $63,123 from the Maintenance Services Fund Balance No. 5110 for the purchase of one (1) Trail King Low Boy Trailer; changing the FY 2009-2010 Operating Budget adopted by Ordinance No. 028252 by increasing expenditures by $63,123. 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". 3.b. MOTION NO. 2009-237 Motion approving the purchase of one (1) Trail King Low Boy Trailer from Rush Equipment Center, of Houston, Texas in the amount of $63,123. The award is based on the Cooperative Purchasing Agreement with the Houston -Galveston Area Council of Governments (H -OAC). This unit is a replacement to the Fleet and will be used by the Street Department. Funds are available in the Fleet Maintenance Fund. 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. 2009-238 Motion authorizing the City Manager or his designee to execute Change Order No. 13 to the construction contract with SLC Construction, LP, of Aransas Pass, Texas in the amount of $882,326.62 for a total restated fee of $8,660,546.85 for Everhart Road Phase 1 from Saratoga Boulevard to Cedar Pass Drive to reroute the 24" force main diversion line and for drainage improvements to Schanen Ditch. (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". 7. MOTION NO. 2009-241 Motion authorizing the City Manager or his designee to execute a construction contract with Leoncitos, Inc. of Corpus Christi, Texas in the amount of $997,573.62 for the Broadmoor Senior Center Improvements 2008 for the Total Base Bid, Additive Alternate Bid No. 1, and Additive Alternate Bid No. 2. (BOND ISSUE 2008) Minutes — Regular Council Meeting August 25, 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". 8.a. RESOLUTION NO. 028276 Resolution authorizing City Manager or designee to execute an Interlocal Cooperation Agreement with West Oso Independent School District regarding implementation of a Latchkey Program. The foregoing resolution was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye". 8.b. ORDINANCE NO. 028277 Ordinance appropriating $110,000 in the General Fund No. 1020 from revenue received from Latchkey program in the West Oso Independent School District; changing FY 2009- 2010 Operating Budget adopted by Ordinance 028252 to increase estimated revenues and appropriations by $110,000 each. 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". 9. ORDINANCE NO. 028278 Revising Section 12-7, Code of Ordinances, City of Corpus Christi, to allow swimming in the Corpus Christi Marina during special events approved by the Marina Superintendent; providing for penalties; and providing for publication. (First Reading — 08/18/09) 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". 10. ORDINANCE NO. 028279 Revising Section 16-4, Code of Ordinances, City of Corpus Christi, to authorize the presiding officer to waive or reduce the Technical Construction -Codes Fees after a declaration of a local state of disaster; providing for publication. (First Reading — 08/18/09) 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, 11. ORDINANCE NO. 028280 Abandoning and vacating a 26,971 -square foot portion of undeveloped and unsurfaced, dedicated public right-of-way (Nile Drive), located west of Ennis Joslin Road public right-of- way; subject to compliance with the specified conditions. (First Reading -- 08/18/09) 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". Minutes Regular Council Meeting August 25, 2009 -- Page 6 (Note: Ms. Leal originally was absent for the vote on Items 2-11 and asked for the Council's concurrence to include her vote. Council concurred with her request.) Mayor Adame opened discussion on Item 5 regarding the Packery Channel Boat Ramp Maintenance Dredging. Johnny French, 4417 Carlton, spoke regarding the lease requirement to maintain the beach in front of the seawall and the additive alternate placement area further south. Director of Engineering Pete Anaya stated that the placement areas have been coordinated with the Army Corps of Engineers. Council Member Kieschnick asked questions regarding the water quality issues. Mr. Anaya stated that the water quality is part of the permit with the Texas General Land Office (GLO). In response to Council Member Scott, Mr. Anaya said that this project has been coordinated with the GLO and the Corp of Engineers. City Secretary Chapa polled the Council for their votes as follows: 5. MOTION NO. 2009-239 Motion authorizing the City Manager, or his designee, to execute a construction contract with Javeler Construction Company of New Iberia, Louisiana in the amount of $399,540 for the Packery Channel Boat Ramp Maintenance Dredging for the Total Base Bid and Additive Alternate N o . 1. 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 6 regarding Bond 2008 design coordination and project management services. Council Member Adler asked questions regarding the cost to oversee the 2008 bond election. Director of Engineering Pete Anaya explained that for the Bond 2004 project, the City spent approximately $6.5 million over four (4) years for project management services averaging $1.6 million per year. Mr. Anaya stated that the City has added staff to the Engineering Department to improve efforts and minimize the cost of project management services. Council Member Scott directed staff to provide a cost comparison between the cost for project management services for Bond 2004 and the cost for Mr. Nadkarni's services on Bond 2008. A brief discussion ensued regarding the Engineering Department staffing levels. In response to Council Member Adler, Mr. Anaya explained that Mr. Nadkarni originally work on the preliminary worked performed with Bond 2008 and transitioned to the management phase. Mr. Anaya added that the other firms assisting in the preliminary work helped with the design work for the projects. City Secretary Chapa polled the Council for their votes as follows: 6. MOTION NO. 2009-240 Motion authorizing the City Manager or his designee to execute Amendment No. 1 to the Contract for Professional Services with Govind Nadkarni, P.E., d.b.a. Govind Development, LLC, of Corpus Christi, Texas, in the amount of $247,500 for a total restated fee of $296,250 for Bond 2008 Design Coordination and Project Management Services. The term of the contract will be for 12 months with an option to extend for up to two additional 12 -month periods. (BOND ISSUE 2008) 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 12, and a motion was made, seconded and passed to open the public hearing on the ad valorem tax rate: Minutes — Regular Council Meeting August 25, 2009 — Page 7 Interim Director of Financial Services Constance Sanchez explained that this item was the second public hearing that is required by the state property tax code when an amount of property taxes imposed exceed the preceding year's property taxes. Ms. Sanchez stated that although the proposed tax rate of $0.563846 does not exceed the rollback rate, it does exceed the effective tax rate of $0.554865 which means it produces more property tax revenues than the preceding year because of increased property values. Mayor Adame called for comments from the audience. J.E. O'Brien, 4130 Pompano, stated that when the valuation goes up, the tax rate should come down including the debt service. Mary Ann Kelly, 4302 Schanen, spoke regarding the increased valuation and asked the Council to adopt a reduction to the tax rate. MayorAdame stated that during the September 8, 2009 Council Meeting beginning at 12:00 p.m. at City Hall, the City Council will vote on the proposed tax rate. Ms. Martinez made a motion to close the public hearing, seconded by Mr. Elizondo, and passed. MayorAdame referred to Item 14, and a motion was made, seconded and passed to open the public hearing on the following annexation: 14.a. Public Hearing to consider and a Resolution granting the petition of the Port of Corpus Christi Authority for annexation of approximately five tracts, totaling approximately 6.635 acres, of submerged land, owned by the Port of Corpus Christi Authority, abutting the southern shoreline of Nueces Bay into the City of Corpus Christi, Texas. Senior City Planner Bob Payne referred to a powerpoint presentation including the issues related to the annexation; an aerial photo; background; the area of proposed disannexation; and the areas of water for annexation. Bill Green, representative of the Port of Corpus Christi Authority, stated that the Port endorsed this item and encouraged the Council's favorable consideration. The following topics pertaining to this item were discussed: the use of the proposed disannexed subject properties; the ocean House location; Rincon Industrial Park; and the location of the proposed Las Brisas plant. Mr. Elizondo made a motion to close the public hearing, seconded by Ms. Martinez, and passed. Mr. Chapa polled the Council for their votes as follows: 14.a. RESOLUTION NO. 028282 Resolution granting the petition of the Port of Corpus Christi Authority for annexation of approximately five tracts, totaling approximately 6.635 acres, of submerged land, owned by the Port of Corpus Christi Authority, abutting the southern shoreline of Nueces Bay into the City of Corpus Christi, Texas. The foregoing resolution was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Martinez, and Scott, voting "Aye"; Marez was absent. Minutes — Regular Council Meeting August 25, 2009 — Page 8 14.b. ORDINANCE NO. 028283 Ordinance annexing approximately five tracts, with approximately 0.535 acres, of submerged land owned by the Port of Corpus Christi Authority adjacent to the City limits along the southern shoreline of Nueces Bay that lie between the current City limit line and the Nueces Bay shoreline; providing that the owners and inhabitants are entitled to all rights, privileges, and burdens of other citizens and property owners of the City of Corpus Christi and are subject to and bound by the City Charter, ordinances, resolutions, and rules; providing for amendment of the Official Maps of the City of Corpus Christi; providing an effective date; providing for publication. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Martinez, and Scott, voting "Aye"; Marez was absent. 14.c. ORDINANCE NO. 028284 Ordinance disannexing approximately four tracts, with approximately 187.76 acres, of uplands owned by the Port of Corpus Christi Authority adjacent to the City limits along the southern shoreline of Nueces Bay that lie between the current City limit line and the Nueces Bay shoreline; providing for amendment of the Official Maps of the City of Corpus Christi; providing an effective date. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Martinez, and Scott, voting "Aye"; Marez was absent. 14.d. ORDINANCE NO. 028285 Ordinance disannexing approximately 37.37 acres of submerged lands owned by Nueces Bay WLE, LP, and Centex Cement Corporation north of the southern shoreline of Nueces Bay; providing for amendment of the Official Maps of the City of Corpus Christi; providing an effective date. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Martinez, and Scott, voting "Aye"; Marez was absent. ************* Mayor Adame opened discussion on Item 15.a. regarding the establishment of the Advisory Committee on Community Pride. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 15.a. ORDINANCE NO. 028286 Amending the Code of Ordinances, Chapter 2 "Administration," to establish the Advisory Committee on Community Pride; providing for publication. (First Reading — 08/18/09) The foregoing ordinance was passed and approved on its second reading with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Martinez, and Scott, voting "Aye"; Marez was absent. Minutes -- Regular Council Meeting August 25, 2009 -- Page 9 Mayor Adame referred to Item 15.b. and the following board appointments were made: Advisory Committee on Community Pride James Chrobocinski (Appointed) J. Kyle Davidson (Appointed) Will Douglas (Appointed) Evonne M. Gottsch (Appointed) Ryan Griffith (Appointed) Mark Minutaglio (Appointed) C. Michelle Peters (Appointed) Philip John Ramirez (Appointed) Stacy Richards (Appointed) Ryan Ridlehuber (Appointed) Monica McLeod Sawyer (Appointed) * * * * * * * * * * * * * Mayor Adame referred to item 18 regarding an update of the Regional Health Awareness Board (RHAB). Dr. James Mobley, Chairman of the Regional Health Awareness Board, referred to a powerpoint presentation including a background on the meetings; the mission statement; board composition; board representatives; active and prospective inquiries; the 2009 goals; the current budget; and website. In response to Ms. Leal, Dr. Mobley stated that the City/County Health Department was addressing the swine flu epidemic and has not been addressed by the RHAB at this time. Mayor Adame referred to Item 19 regarding the Corpus Christi Regional Transportation Authority (RTA) Annual Report. Ed Carrion , CEO of the RTA, referred to a powerpoint presentation including the mission statement; background; types of service, customers, and reasons for riding the bus; funding sources; operating budget; benefits of public transportation; partnerships; and initiatives. The following topics pertaining to this item were discussed: a bus stop for the Las Colonias area; the amount of funding the RTA contributes for the maintenance of damaged roads; and the City providing brochures to inform the public of the RTA's services for the economically challenged. Mayor Adame referred to Item 17 regarding the Crime Control and Prevention District quarterly report. Acting Chief of Police John W. Moseley provided a brief overview including the graffiti eradication program; the pawn shop detail; and the juvenile assessment center. The following topics pertaining to this item were discussed: fiscal responsibility of the board; the work performed by Graffiti Coordinator Deanna McQueen and staff; the consideration to purchase ARI 5s for officers through a one-time expenditure; and coordinating with code enforcement to improve the condition of targeted neighborhoods. * * * * * * * * * * * * * Council Member Adler invited the Council to view the City Council's entry at the First Friday Awareness Program for Breast Cancer Awareness on Thursday, August 27, 2009 at the Art Museum of South Texas. * * * * * * * * * * * * * Minutes — Regular Council Meeting August 25, 2009 — Page 10 There being no further business to come before the Council, Mayor Adame adjourned the Council meeting at 3:36 p.m. on August 25, 2009. * * * * * * * * * * * * * 1 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 August 25, 2009, which were approved by the City Council on September 8, 2009. WITNESSETH MY HAND AND SEAL, on this the 8th day of September, 2009. Armando Chapa City Secretary SEAL