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HomeMy WebLinkAboutMinutes City Council - 09/29/2009MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting September 29, 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 Kiesch n ick Priscilla Leal Nelda Martinez Mark Scott City Staff: City Manager Angel R. Escobar Interim City Attorney Lisa Aguilar City Secretary Armando Chapa Mayor Adame called the meeting to order in the Council Chambers of City Hall. The invocation was delivered by Mr. Ceven C. Cullens, Real Life Fellowship and the Pledge of Allegiance to the United States flag was led by Council Member Kevin Kiesch n ick. 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 22, 2009. A motion was made and passed to approve the minutes as presented. ************ Mayor Adame announced the following executive session, which was 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 these discussions. 2. Executive session under Section 551.071, 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 Memorial Coliseum with possible discussion and action related in open session Mr. Adame stated that Executive Session, Item No. 3 would be considered at the end of the meeting. The Council went into executive session. The Council returned from executive session. No action was taken. ************ INDEXED Minutes — Regular Council Meeting September 29, 2009 — Page 2 Mayor Adame referred to Item 4 and the following board appointments were made: Arts and Cultural Commission Joseph B. Schenk (Texas A&M -CC) —Reappointed Heidi Hovda (Business Dev) —Reappointed Joye LaBarrett (Marketing) —Reappointed Jilissa Cotton (Dance) — New Appointment Corinne Valadez (Education/Youth) — New Appointment Brian Honigbaum (Civic Leader) — New Appointment Barry Brown (Economic Development/Tourism) — New Appointment Dianna Bluntzer-Dura (Public Art/Public Space) — New Appointment ************ Mayor Adame called for consideration of the consent agenda (Items 5 — 11.1). There were no comments from the public. City Secretary Chapa polled the Council for their votes as follows: 5.a. MOTION NO. 2009-278 Motion authorizing the City Manager or his designee to accept a grant in the amount of $89,291.82 from the State of Texas, Criminal Justice Division to continue the Victims of Crime Act (VOCA) grant within the Police Department for Year 10 with a City cash match of $19,578, in-kind match of $4,000 for a total project cost of $112,869.82 and to execute all related documents. 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. ORDINANCE NO.. 028319 Ordinance appropriating $89,291.82 from the State of Texas, Criminal Justice Division in the No. 1061 Police Grants Fund for funding available under the Victims of Crime Act (VOCA) Fund, and authorizing the transfer of $19,578 from the No. 1020 Cash contribution to Grants to the No. 1061 Police Grants Fund as grant matching funds. 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. 028320 Resolution authorizing the City Manager or his designee to execute all documents necessary to accept a $208,000 grant from the Texas Department of Agriculture Child and Adult Care Food Program to provide after school snacks to youth enrolled in after school programs for FY 2009-2010. Minutes — Regular Council Meeting September 29, 2009 — Page 3 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. 028321 Ordinance appropriating a grant in the amount of $208,000 from the Texas Department of Agriculture in the No. 1067 Parks and Recreation Grants Fund to operate the Child and Adult Care Food 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". 6.c. RESOLUTION NO. 028322 Resolution authorizing the City Manager or designee to execute an Interlocal Cooperation Agreement with the Corpus Christi Independent School District for the After School Snack — Child and Adult Care Food Program. The foregoing resolution was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye". 7. ORDINANCE NO. 028323 Ordinance repealing Ordinance No. 027699 related to setting up a Storm Water Utility System. 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". 8 ORDINANCE NO. 028324 Ordinance authorizing the City Manager, or his designee to extend the lease with Landry's Seafood and Steakhouse -Corpus Christi, Inc. ("Landry's) to operate a restaurant barge on People's Street T -Head to extend the term until December 31, 2009, with payment of $6,000 per month or 2.75% of monthly gross sales, whichever is greater. 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 29, 2009 — Page 4 9. MOTION NO. 2009-279 Motion authorizing the City Manager or his designee to execute a construction contract with SLC Construction, LLC of Aransas Pass, Texas in the amount of $83,000 for Brownlee Boulevard Hardscape Improvements from Hancock Street to Morris Street. The foregoing motion was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye". 10.a. ORDINANCE NO. 028325 �n nce amendingthe Code of Ordinances, Cityof Corpus Christi, Chapter 2 Ordinance regarding City Council's Youth Advisory Committee. An emergency was declared and the foregoing ordinance was passed and g Y approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye". 10.b. MOTION NO. 2009-280 Motion confirming the appointment of primary and alternate members to the City Council's Youth Advisory Committee, as recommended by area High School Principals. The foregoing motion was passed and approved with the following vote: Adame, g g Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye". 11. ORDINANCE NO. 028326 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 in fees", of the Code of Ordinances, City of Corpus Christi, to increase or establish fees related to Platting Fees and Tap Fees. An emergency was declared and the foregoing ordinance was passed and g Y approved on its second reading: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye". 11.1a RESOLUTION NO. 028327 Resolution authorizing the City Manager or his designee to accept a grant of $241,637 from the Texas Department of State Health Services for personnel costs and other expenses to fund an immunization program for children, adolescents, and Minutes — Regular Council Meeting September 29, 2009 — Page 5 adults with special emphasis on children two years of age or younger, and to execute all related documents; and ratifying acceptance of the grant agreement to begin September 1, 2009. The foregoing resolution was passed and approved with the foliowing vote: Adame, g g Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye". 11.1b ORDINANCE NO. 028328 Ordinance appropriating a grant of $241,637 from the Texas Department of State Health Services in the No. 1066 Health Grants Fund to provide an immunization program for children, adolescents, and adults, with special emphasis on children two years of age or younger. 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 the Regular Agenda and opened discussion on Item 12, regarding Change Order No. 11 for the Bayfront Development Implementation Plan — Phase 1 Improvements. Mr. Pete Anaya, Director of Engineering Services explained that the change order consisted of the following major items: wind turbine modifications, interactive water feature, kiosk/restroom building, and miscellaneous items. He explained that the wind turbines modification adds several components including foundation, halo stabilizer, wind break system, an anemometer, and increased shaft size; the interactive water feature modifications include an emergency overflow system to ensure that electrical components and controllers will not be damaged during extreme heavy rain; kiosks/restroom item is for additional drain pipes and curtainwalls; and the miscellaneous item is a deduction in the amount of $14,130.43. The reason for the reduction is because they will be using diamond cut pavers instead of the laser cut pavers. In response to a question by Council Member Martinez about the net affect for this project, Kevin Stowers, Assistant Director of Engineering stated that they are within the project funding provided by the council of approximately $300,000. There were no comments from the audience. City Secretary Chapa polled the council for their vote as follows: 12. MOTION NO. M2009-281 Motion authorizing the City Manager or his designee to execute Change Order No. 11 to the construction contract with Haas Anderson Construction of Corpus Christi, Texas, in an amount not to exceed $321,725.68 for a restated not to exceed contract amount of $15,228,511.94 for wind turbine modifications to achieve 120 MPH wind load rating, various modifications associated with the interactive water Minutes — Regular Council Meeting September 29, 2009 — Page 6 feature, minor kiosk/restroom building modifications, and miscellaneous other changes for the Bayfront Development Implementation Plan - Phase 1 Improvements. The foregoing motion was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye". Mr. Escobar announced that Item No. 13 was being pulled from the day's agenda. Mayor Adame opened discussion on Item No. 14, related to approving the Revised Project and Financing Plans for the Reinvestment Zone No. Two, City of Corpus Christi, dated September 29, 2009. Irma Caballero, Director of Economic Development stated that they are asking for approval of the revised Project and Financing Plan for the Reinvestment Zone No. 2, as recommended with the amendments made, by the North Padre Island Development Corporation and adopted by Tax Increment Reinvestment Zone No. 2. Mr. Caballero added that during the North Padre Island Development Corporation (NPID) meeting earlier in the day, the board removed the construction of Zahn Road and placed the condition on the ADA ramps; and the Tax Increment Reinvestment Zone No. 2 (TIRZ) board approved the six-pack subject to the $4.7 million that was available. She added that this was a three-part process, the NPID submits the recommendations to the TIRZ, this board then adopts the plan and submits it to the city council for approval. Ms. Caballero read the changes made to the plan under the Packery Channel Project Area Improvements, Subject to the availability of the estimated $4, 700, 000 in the TIRZ#2 tax increment fund, construction of Phase 2 - 7 Packery Channel public recreational improvements and amenities shown on the engineering drawings referred to as Packery Channel "Six Pack," which is incorporated into this Project Plan as Exhibit G. The engineering cost estimate for the Phases 2 - 7 is shown in Exhibit H. Construction of the Phase 4 ADA ramps is contingent upon approval of the General Land Office of the installation of temporary hard parking surfaces for parking for the disabled on the beach at the ends of the ADA ramps. She stated that the following statement was added: Installation of aids to navigation along Packery Channel, which are estimated at approximately $100,000. Mr. Scott commented that there are sections of the seawall where there is not a lot of sand and asked if there are other ways to accumulate sand in that area. Mr. Escobar responded that there is a FEMA grant working through the process to help restore the beach in front of the seawall. A discussion ensued and Ms. Caballero stated that they plan to bring back to Council a plan to include timelines, project lists and additional information received from the General Land Office in early November. Mayor Adame called for public comments, Johnny French, 4416 Carlton, spoke about several issues and offered recommendations related to this item. Minutes — Regular Council Meeting September 29, 2009 — Page 7 A motion was made by Ms. Martinez and seconded by Mr. Chesney to amend the ordinance to accept the corrected plan, and passed. City Secretary Chapa polled the council for their votes as follows: 14. Ordinance No. 028329 Ordinance approving the revised Project and Financing Plans for the Reinvestment Zone Number Two (No. 2), City of Corpus Christi, dated September 29, 2009, that were adopted by the Board of Directors of Reinvestment Zone No. 2, City of Corpus Christi, upon the recommendation of the Board of Directors of the North Padre Island Development Corporation. An emergency was declared and the foregoing ordinance was passed and approved as amended with the following vote: Adame, Adler, Chesney, Kieschnick, Leal, Martinez, and Scott, voting "Aye"; Marez and Elizondo "Absent". ********** Mayor Adame referred to the presentations on the day's agenda. Mr. Adame announced that Item No. 15, a Quarterly Report by the Commission on Children and Youth was pulled from the agenda. The next presentation was an update on the Garwood Pipeline Project. Mr. Oscar Martinez, Assistant City Manager provided an overview of the project including the background; total costs to acquire the rights was $14 million for the acquisition and $3 million for the reservation of the rights, for a total cost of approximately $17 million; identified the two routes (north and south), both have intakes points near Bay City, both connect to the Mary Rhodes Pipeline; submittal of the preliminary loan application to the Texas Water Development Board and that the final application is due in mid-October for approximately $8 million for engineering and permitting; financing plan for council consideration scheduled for December; construction anticipated to take two to three years; timeframe in current plans is 2020 to 2030; four stage route plan ready to be implemented; continue to monitor desalination technology; and evaluating Aquifer Storage Recovery as a resource effort in the future. Mr. Kieschnick asked if the city had looked into further dredging out the reservoirs during periods of low water, and Gus Gonzales, Director of Water responded that the cost per acre foot is substantially more than Garwood. In response to a question from Council Member Leal, Mr. Martinez stated that the cost for desalination is $1,300 per acre foot for desalination compared to access Garwood water at $500 per acre foot. Mr. Scott asked that staff provide a copy of the latest report from the Regional Water Planning Group on area water projects. ********** Minutes — Regular Council Meeting September 29, 2009 — Page 8 Mayor Adame called for petitions from the audience. Leon Lopez, South Texas Colonia Initiatives, spoke about adoption of the Model Subdivision Rules by the city, referred to a map depicting the Colonias; Eddie Salazar, invited the Council to the "Community Connections" scheduled for October 7, 2009, 8:30 am to 12:00 pm, several agencies to provide networking opportunities; Joan Veith, 5701 Cain Drive, stated that the Barrios Association meeting scheduled October 5, 2009 is being re -scheduled for October 12, 2009, Acapulco Restaurant, at 6:30 pm and will include a presentation on the recycling program; Glenda St. John, 4310 Wandering Creek, spoke about flooding problems at her home and the need for additional storm drains. Jerry Garcia, 3800 Gollihar, spoke about the distribution of funds for city parks. He spoke about the need for improvements in the Westside area and Southside Pony League. Mr. Chesney stated that between 2000 - 2008 the west side area received $4.1 million dollars forark improvements. Wilson Wakefield, 6026 Killarmet, spoke in opposition of p p Las Brisas Plant; Nita Smith, 13518 King Phillip Court, spoke regarding the plans for the Memorial Coliseum. ********* Mayor Adame announced the following executive session, which was listed on the agenda as follows. 3. Executive session pursuant to Texas Government Code, Section 551.074, Personnel Matters, to deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of the City Manager with possible action related thereto in open session. The council went into executive session. The council returned from executive session. The following motion was made Mayor Adame and seconded by Mr. Elizondo. g Y City Secretary Chapa polled the council for their votes: 3. Motion giving City Manager Angel R. Escobar a vote of confidence. The foregoing motion was passed and approved with the following vote: Adame, g g Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, and Martinez, voting "Aye"; Scott "Absent". ********** There being no further business to come before the Council, Mayor Adame adjourned the Council meeting at 7:OOp.m. on September 29, 2009. ************* Minutes — Regular Council Meeting September 29, 2009 — Page 9 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 29, 2009, which were approved by the City Council on Octoober 13, 2009. WITNESSETH MY HAND AND SEAL, on this the 13th day of October, 2009. Armando Chapa City Secretary (S E A L)