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HomeMy WebLinkAboutMinutes City Council - 09/22/2009MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting September 22, 2009 - 12:00 p.m. PRESENT 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 City Staff: Angel City Manager 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 Kevin Jennings, Mt. Clive Lutheran Church 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. Mayor Adame called for approval of the minutes of the regular Council meeting of September 15, 2009. A motion was made and passed to approve the minutes as presented. * * * * * * * * * * * * Mayor Adame announced the executive sessions, which were listed on the agenda as follows. Mayor Adame also announced that he and Council Member Chesney would not be attending the closed session or participating in the discussions related to Item No. 3. 2. Executive session under Section 551.072 of the Texas Election Code regarding Landry's Seafood and Steakhouse Corpus Christi, Inc. lease of real property in the Corpus Christi Marina, with possible discussion and action in open session. 3. Executive session under Section 551.072 and Section 551.087 of the Texas Government Code for deliberations regarding the lease of real property and for deliberations regarding the offer of a financial or other incentive to a business prospect relating to the Memorial Coliseum with possible discussion and action in open session. The Council went into executive session. The Council returned from executive session. No action was taken. * * * * * * * * * * * * INDEXED Minutes - Regular Council Meeting September 22, 2009 - Page 2 Mayor Adame referred to Item 4 and the following board appointments were made: Water Resources Advisory Committee Jeff Edmonds (Residential Customer) —Reappointed Michael Cox (Large Commercial) —Reappointed Mark Stroop (Military Facility) —Reappointed Don Roach (Wholesale Raw/Treated Water) — New Appointment Council Member Larry Elizondo (Ex -officio Member) Council Member Mark Scott (Ex -officio Member) * * * * * * * * * * * * Mayor Adame called for consideration of the consent agenda (Items 5 -19). Council Members requested that Items 16 and 19 be pulled for individual consideration. City Secretary Chapa polled the Council for their votes as follows: 5.a. Motion No. M2009-262 Motion approving the lease/purchase of two (2) side loading refuse trucks and three (3) rear loading refuse trucks from Rush Truck Center of Texas, LP, of Houston, Texas in the amount of $1,314,566. The award is based on the Cooperative Purchasing Agreement with the Texas Local Government Cooperative (TLGPC). All units are replacements to the fleet and will be used by the Solid Waste Department. Financing for the refuse trucks will be provided through the City's lease -purchase financing program. The foregoing motion was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye". 5.b. Motion No. M2009-263 Motion approving the lease/purchase of one (1) mini side loading refuse truck from Santex Truck Center, of San Antonio, Texas in the amount of $110,037. The award is based on the Cooperative Purchasing Agreement with Houston -Galveston Area Council (H -GAC). The unit is a replacement to the fleet and will be used by the Solid Waste Department. Financing for the refuse trucks will be provided through the City's lease -purchase financing program. Grand Total: (a) & (b): $1,424,603 The foregoing motion was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye". Minutes - Regular Council Meeting September 22, 2009 - Page 3 6 Motion No. 2009-264 Motion approving the lease purchase of two (2) ambulances from San Antonio Ambulance Sales, Inc., of San Antonio, Texas for a total amount of $241,000. The award is based on the cooperative purchasing agreement with the Houston - Galveston Area Council of Governments (H -GAC). The ambulances will be used by the Fire Department. These units are replacements to the fleet. Financing will be provided through the City's lease -purchase financing program. 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. M2009-265 Motion approving the lease purchase of one (1) 1500 GPM pumper fire truck from Siddons Fire Apparatus, of Manor, Texas for the total amount of $425,000. The award is based on the Cooperative Purchasing Agreement with the Texas Local Government Cooperative (TLGPC). The unit is a replacement to the fleet. Financing for the pumper fire truck will be provided through the City's lease -purchase financing program. 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. Motion No. 2009-266 Motion authorizing the City Manager or his designee to accept funding in the amount of $1,032 from Target for the purchase of equipment to assist the Repeat Offender Program for the Police Department. The foregoing motion was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye". 8.b. Ordinance No. 028311 Ordinance appropriating $1,032 in the General Fund No. 1020 from a grant from Target for the purchase of equipment to assist the Repeat offender Program for the Police Department; changing the FY 2009-2010 Operating Budget adopted by Ordinance No. 028252 by increasing revenues and expenditures in the General Fund No. 1020 by $1,032 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". Minutes - Regular Council Meeting September 22, 2009 - Page 4 9.a. Motion No. M2009-267 Motion authorizing the City Manager, or his designee, to execute a contract with the Texas Department of Family and Protective Services for funding in the amount of $503,500 from the Community Youth Development Program for the 78415 Zip Code for projects as recommended by the Community Youth Development Steering Committee for Fiscal Year 2009— 2010, Contract Period September 1, 2009 through August 31, 2010. The foregoing motion was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Martinez, and Scott, voting "Aye"; Marez "Abstain". 9.b. Ordinance No. 028312 Ordinance appropriating $503,500 from the Texas Department of Family and Protective Services in the No. 1060 Community Youth Development fund to fund the Community Youth Development Program in the 78415 Zip Code for Fiscal Year 2009-2010, contract period September 1, 2009- August 31, 2010. 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 "Abstain". 10. Ordinance No. 028313 Ordinance appropriating $14,695 in the Packery Channel Clip Fund No. 3277 from revenue received from Texas Parks and Wildlife Department and the Coastal Bend Bays and Estuaries Program, Inc. for reimbursement of repairs to the property at Billing's Bait Stand and Clem's Marina Boat Ramp; changing FY 2008-2009 Capital Budget adopted by Ordinance 028006 to increase appropriations by $14,965. 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". 11. First Reading Ordinance Authorizing the City Manager, or his designee, to execute an amendment to the Use Agreement with the South Texas Botanical Gardens & Nature Center for the use of an additional 3.66 acres of land out of the Botanical Gardens Park Unit 4 Subdivision, located north and adjacent to the South Staples Street (Farm to Market Highway 2444) public right of way; to facilitate expansion of the center; and providing for publication. Minutes - Regular Council Meeting September 22, 2009 - Page 5 The foregoing ordinance was passed and approved on its first reading with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye". 12. Motion No. M2009-268 Motion approving the purchase of Intergraph I/CAD and I/Mobile upgrade services from Intergraph Corporation Security, Government and Infrastructure of Madison, Alabama in the amount of $94,181.77, including software, training and professional services, to improve the Police Department mobile and field reporting capability. Intergraph Corporation is a State of Texas GoDirect Vendor. The foregoing motion was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye". 13. Resolution No. 028314 Resolution authorizing the City Manager or his designee to execute an Interlocal Cooperation Agreement with the Corpus Christi Independent School District for the Foy H. Moody Science and Health Center Business & Professional Academy's Criminal Justice Internship Program. The foregoing resolution was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye". 14. Motion No. M2009-269 Motion authorizing the City Manager, or his designee, to execute a construction contract with Pesado Construction of Schertz, Texas, in the amount of $375,650 for the Existing Broadway Plant Requirements 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". 15.a. Motion No. M2009-270 Motion authorizing the City Manager, or his designee, to execute a contract with the Conrad Blucher Institute, Texas A&M University— Corpus Christi not to exceed $81,505 for Salinity and Freshwater Inflow Monitoring associated with the Rincon Bayou Diversion Project 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". Minutes - Regular Council Meeting September 22, 2009 - Page 6 15.b. Motion No. M2009-271 Motion authorizing the City Manager, or his designee, to execute a contract with the Harte Research Institute, Texas A&M University— Corpus Christi not to exceed $55,000 for Biological Monitoring associated with the Rincon Bayou Diversion Project 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". 15.c. Motion No. M2009-272 Motion authorizing the City Manager, or his designee, to execute a contract with the University of Texas Marine Sciences Institute, in an amount not to exceed $75,000 for biological monitoring services associated with the Rincon Bayou Diversion Project 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". 17. Motion No. M2009-274 Motion authorizing the City Manager or his designee to execute a Street Participation Agreement with Braselton Land Ventures, Inc., Developer of Rancho Las Brisas Unit 2, in the amount of $19,710.21 for the City's portion of the cost for Sydney Street and Los Rancheros Drive for construction of pavement adjacent to a park. The foregoing motion was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye" 18. First Reading Ordinance Amending Chapter 14 "Development Services," Article XIII, "Development Service Fees", Division 4, "Platting Ordinance Fees", Section 14-1341, Platting ordinance fees", and Chapter 55, "Utilities", Article V, "Taps and Connections", Section 55-70, "Adoption of rules, regulations and water and gas fees", and Section 55-71, "Sewer tapping fees", of the Code of Ordinances, City of Corpus Christi, to increase or establish fees related to Platting Fees and Tap Fees. The foregoing ordinance was passed and approved on its first reading with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye". Minutes - Regular Council Meeting September 22, 2009 - Page 7 Mayor Adame opened discussion on Item No. 16 regarding the Bridge Participation Agreement with Braselton Land Ventures, Inc. for the extension of Fred's Folly Drive. In response to a question by Council Member Martinez, Mr. Johnny Perales, Interim Assistant City Manager for Development Services stated that the fee structure they are currently operating under exist within the Platting Ordinance and deals primarily with the water and wastewater infrastructure. He added that street and bridge participation items are typically funded through the bond program and that the Bond 2008 program includes $2.4 million dollars. The city's participation for these items will be coming out of that line item. City Secretary Chapa polled the Council for their votes: 16.a. Motion No. M2009-273 Motion authorizing the City Manager or his designee to execute a Bridge Participation Agreement with Braselton Land Ventures, Inc., Developer of Rancho Las Brisas Unit 2, in the amount of $45,905.82 for future construction of a bridge over Ditch 31 for the extension of Fred's Folly Drive of which the City will participate in an amount not to exceed $253,193.38. The foregoing motion was passed and approved with the following vote: Adame, Adler, Chesney, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye"; Elizondo "Absent". 16.b. Ordinance No. 028315 Ordinance accepting a payment in the amount of $45,905.82 from Braselton Land Ventures, Inc. of Corpus Christi, Texas and deposit the funds into an interest bearing account in the No. 4730 Infrastructure Fund for the developers share of future construction of a bridge over Ditch 31 for the extension of Fred's Folly Drive. An emergency was declared and the foregoing ordinance was passed and approved with the following vote: Adame, Adler, Chesney, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye"; Elizondo,"Absent". Mayor Adame opened discussion on Item No. 19, regarding the abandoning and vacating a 9,955.05 -square foot portion of dedicated public right-of-way (ocean Drive), located north of Alta Plaza Drive. After discussion, a motion was made by Council Member Scott and seconded by Council Member Chesney to amend Section 2, Item 5 of the ordinance by removing the first sentence, and amend the second sentence to read as follows: Owner must trim existing hedges to where they will not be extending beyond the city right-of-way and be encroaching into the 5 -foot wide sidewalk. City Secretary Chapa polled the Council for their vote on the motion: The foregoing motion was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott voting "Aye". Minutes - Regular Council Meeting September 22, 2009 - Page 8 19. Ordinance No. 028316 Abandoning and vacating a 9,955.05 -square foot portion of dedicated public right- of-way (Ocean Drive), located north of the Alta Plaza Drive public right-of-way and west of the current Ocean Drive public right-of-way, subject to compliance with the specified conditions. An emergency was declared and the foregoing ordinance was passed and approved on its second reading as amended with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye". * * * * * * * * * * * * * Mayor Adame referred to Item 20, and a motion was made, seconded and passed to open the public hearing on the following zoning case: Case No. 0809-04, Guillermo A. (Willie) Esparza: A change of zoning from an "A-1" Apartment House District to a "B-1" Neighborhood Business District on property described as South Park, Block 2, generally located on the north side of South Padre Island Drive, approximately 2,331 feet northwest of Weber Road, at Anthony Street. City Secretary Chapa stated that the Planning Commission and staff recommend approval of the "B-1" Neighborhood District. Interim Assistant Director of Development Services Faryce Goode -Macon provided a brief overview of the subject property and change of zoning. No one appeared in opposition to the zoning change. Ms. Martinez made a motion to close the public hearing, seconded by Mr. Kieschnick, and passed. Mr. Chapa polled the Council for their vote as follows: 20. Ordinance No. 028317 Amending the Zoning Ordinance, upon application by Guillermo A. (Willie) Esparza, by changing the Zoning Map in reference to South Park, Block 2, Lot 2, from "A-1" Apartment House District to "B-1" Neighborhood Business District; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan; providing a repealer clause; providing a penalty; and 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, Marez, and Martinez voting "Aye"; Scott "Absent". Mr. Adame referred to Item No. 21 regarding Case No. 0809-05, Double T&C Properties, Inc. and announced that there was a request to table until October 13, 2009. Minutes - Regular Council Meeting September 22, 2009 - Page 9 Mr. Chesney made a motion to postpone item No. 21 until October 13, 2009. The motion was seconded by Mr. Kieschnick. 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, and Martinez voting "Aye"; Scott "Absent". 21. Postponed until October 13, 2009 AS * * * * * * * * * * r Mayor Adame opened discussion on Item 22, regarding confirmation of the City Manager's appointment of Troy Riggs as Police Chief. Council members spoke in support of the selection process and the committee that was put together by Mr. Escobar. Mr. Escobar announced that a news conference is scheduled for Thursday, September 24, 2009 at 1:30 pm, City Hall -- Council Chambers. A reception for the public to meet and greet the new Police Chief is scheduled for Thursday, September 24, 2009, 5:30 pm to 7:00 pm, in the Selena Auditorium Rotunda Room at the American Bank Center. City Secretary Chapa polled the Council for their votes as follows: 22. Motion No. M2009-275 Motion confirming the City Manager's appointment of Troy Riggs as Police Chief. 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 No. 23, regarding a construction contract with Bay, Ltd. for the Street Overlays Group 1. Mr. Pete Anaya, Director of Engineering Services provided an overview of the project. He further explained that Group 1 consist of seven streets and Group 2 consist of six streets and will be ADA compliant. The duration of the project for Group 1 is 300 calendar days, and 180 calendar days for Group 2. in response to a question from Council Member Elizondo, Mr. Anaya stated that the project will include an undersea' coat, with a two inch hot mix asphalt overlay. Minutes - Regular Council Meeting September 22, 2009 - Page 10 Mayor Adame called for comments from the audience. Abel Alonzo thanked City Manager Angel R. Escobar, Pete Anaya, Director of Engineering Services, and Leon Bazar, Director of Human Relations for working together on these type of projects. City Secretary Chapa polled the Council for their votes as follows: 23.a. Motion No. M2009-276 Motion authorizing the City Manager, or his designee, to execute a construction contract with Bay, Ltd. of Corpus Christi, Texas in the amount of $2,733,748.55 for Street Overlays Group 1 for the Total Base Bid. (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". 23.b. Motion No. M2009-277 Motion authorizing the City Manager or his designee to execute a construction contract with Haas -Anderson Construction, Ltd. of Corpus Christi, Texas in the amount of $1,580,583.75 for Street Overlays Group 2 for the Total Base Bid. (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 opened discussion on Item No. 25, Presentation from the Complete Count Committee on the 2010 Census. Mr. Joel Yowell and Betty Jean Longoria, Co - Chairs provided an update on the 2010 Census; spoke about raising awareness and the importance of conducting an accurate count; program outreach; assistance on filling out the form; April 1, 2010 is the official "Census Count Day'; and program timeline. * * * * * * * * * * * * * Mayor Adame opened discussion on item No. 24, regarding an amendment to the City Code of Ordinance. John Moseley, Acting Chief of Police provided an overview on this amendment. He added that this amendment is restrictive to the Police department in performing a police function will be allowed to drive a golf cart on city streets. It would also allow parking meter control back into the golf carts so that they can enforce parking violations. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: Minutes - Regular Council Meeting September 22, 2009 - Page 11 24. Ordinance No. 028318 Ordinance amending the Code of Ordinances Chapter 53, Article V. Operation of Vehicles, Division 1, by adding Section 53-109 Operation of Golf Cart; Affirmative defense, Culpable mental state not required; providing for penalties; 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, Marez, Martinez, and Scott, voting "Aye". * * * * * * * * * * Mayor Adame referred to Item No. 26. Mr. Leon Bazar, Director of Human Relations provided an overview of theADATitle 11 Transition Plan and Non-discrimination ordinance including employment and fair housing; background and responsibility of the department; accessibility improvements in public facilities, planned activities and programs; public curb ramps under the transition plan a priority under the Act; outreach and training; future ADA projects and activities including the development of local ordinance regarding curb ramps requirements. * * * * * * * * * * Mayor Adame referred to City Manager's Comments. Mr. Escobar introduced the new Building Official Stephen Draper. Mr. Escobar announced that next Tuesday, September 29, 2009 a meeting of the North Padre Development Corporation (NPID) is planned for 10:00 am; and a meeting of the Tax Increment Reinvestment Zone No. 2 (TIRZ) is planned for 10:45 am. He added that the NPID meeting will include a presentation regarding the project and financing plans and that an action item will be placed on the regular city council on September 29, 2009 requesting approval of the project and financing plans for the Packery Channel TIF. The project plan includes the following two segments: 1) six-pack improvements; 2 — construction of Zahn Road. Mr. Escobar discussed the scheduling of a workshop regarding Zero -Based Budgeting and the Fiscal Year change. Council asked Mr. Escobar to schedule a presentation item regarding the fiscal year change for October 13, 2009; and that the zero - based budgeting information be provided by memorandum. * * * * * * * * * * * * * Mayor Adame called for petitions from the audience. Jerry Garcia, 3900 Gollihar spoke about funding for the Westside League and activities for children in the west side area; Joan Veith, 5701 Cain Drive, President of Corpus Christi Barrios Association invited the Council to their next meeting scheduled for October 5, 2009 at Acapulco Restaurant, located on Gollihar and Weber at 6:30 pm., regarding the recycling program. Minutes - Regular Council Meeting September 22, 2009 - Page 12 * * * * * * * * * * * * * There being no further business to come before the Council, Mayor Adame adjourned the Council meeting at 2:30 p.m. on September 22, 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 September 22, 2009, which were approved by the City Council on September 29, 2009. WITNESSETH MY HAND AND SEAL, on this the 29th day of September, 2009. Armando Chapa City Secretary SEAL