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HomeMy WebLinkAboutMinutes City Council - 03/09/2010MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting March 9, 2010 - 12:00 p.m. PRESENT Mayor Joe Adame Mayor Pro Tem Chris N. Adler Council Members: Brent Chesney Larry Elizondo, Sr. Kevin Kieschnick Priscilla Leal John Marez 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 Pastor Kenneth Mutchler with Immanuel 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. Mayor Adame called for approval of the minutes of the regular Council meeting of February 23, 2010. A motion was made and passed to approve the minutes as presented. ************ Mayor Adame referred to Item 2 and the following board appointments were made: Committee for Persons with Disabilities Museum of Science and History Advisory Committee Darren Bates (Appointed) Scott Sutherland (Appointed) ************ Mayor Adame referred to Item 20 regarding an update on Census 2010 and the Coastal Bend State Veterans' Cemetery Corpus Christi Project by Nueces County Commissioner Betty Jean Longoria. Commissioner Longoria introduced census representatives Joel Yowell and Vangie Chapa. Ms. Longoria stated that this presentation was to notify the public that the census forms will be in the mail starting March 15th. Mr. Yowell encouraged citizens to fill out their census forms. Ms. Chapa stated that rural communities and individuals with post office boxes will receive their census forms at their physical address. Ms. Chapa informed the Council and the public that it is important to return the census forms because the results of the census count determines representation in the House of Representatives; redistricting; and funding. Commissioner Longoria provided a brief history of the Coastal Bend Veterans' Cemetery Corpus Christi Project. Ms. Longoria provided a site plan of the project and stated that the project would go out for bid next week with a projected groundbreaking in May or June. Council Member Leal thanked Commissioner Longoria for her service to the community and the veterans. ************* INDEXED Minutes — Regular Council Meeting March 9, 2010 — Page 2 Mayor Adame called for consideration of the consent agenda (Items 3 - 10). City Secretary Chapa announced that Item 6.b. was postponed by staff. Mr. Chapa also announced that Council Member Scott would abstain from the discussion and vote on Item 8. Mr. Johnny French requested that Item 9 be pulled for individual consideration. Council Member Kieschnick requested that Item 9 be pulled for individual consideration. City Secretary Chapa polled the Council for their votes as follows: 3. ORDINANCE NO. 028499 Ordinance authorizing the City Manager, or his designee, to execute a three-year contract and lease agreement with Susan Shelby Torrance (Pro) for tennis operations at the Al Kruse Tennis Center in consideration of Pro paying the city 5% of Pro and lesson revenue, and collecting and forwarding city revenue to city in return for Pro's exclusive use of tennis center, and city paying Pro $3,166 per month for Pro operating tennis center. 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". 4. RESOLUTION NO. 028500 Resolution authorizing the City Manager, or his designee, to execute an Interlocal Cooperation Agreement, in the amount of $10,000, with the University of Texas Marine Science Institute (UTMSI), for UTMSI to provide monitoring of the Gulf of Mexico beaches from the North Jetty of Packery Channel to the City of Corpus Christi city limits for turtles during sea turtle nesting season, March 15 to September 30. The foregoing resolution was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye". 5.a. RESOLUTION NO. 028501 Resolution authorizing the City Manager or his designee to accept a grant in the amount of $15,000 from the Texas Department of State Health Services for funding eligible under the Governor's Advisory Council on Physical Fitness (GACPF) and to execute all related documents. 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. 028502 Ordinance appropriating $15,000 from the Texas Department of State Health Services fund in the No. 1071 Community Enrichment Fund, to be used for encouraging, promoting, and enhancing healthy living through organized sports, events, diet and everyday activity all with a strong emphasis on using our natural resources. 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 March 9, 2010 — Page 3 6.a. RESOLUTION NO. 028503 Resolution authorizing the City Manager or his designee to execute an agreement with Dr. William Burgin, Jr., to serve as the Local Health Authority for the Public Health District. 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. POSTPONED BY STAFF Resolution authorizing the City Manager or his designee to execute an agreement with Dr. Colette Simon to serve asthe Alterte Local H alth Authority for the Public Health District. 7 MOTION NO. 2010-048 Motion authorizing the City Manager, or his designee, to execute a construction contract with Holloman Corporation of Converse, Texas in the amount of $246,906 for Mary Rhodes Pipeline Cathodic Protection 2010 for the Total Base Bid (Water Fund Capital Outlay). 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. 2010-049 Motion authorizing the City Manager, or his designee, to execute a Real Estate Sales Contract with Corpus Christi Independent School District in the amount of $72,600 plus $1,300 in closing costs for the purchase of fee simple property rights to 2.42 acres of vacant land owned by CCISD on Paul Jones Avenue, north of and adjacent to the City's South Guth Ball Field complex for recreational and other public purposes in connection with the South Guth Ball Field Relocation Project. The foregoing motion was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, and Martinez, voting "Aye"; Scott abstained. 10. ORDINANCE NO. 028504 Amending the Comprehensive Plan of the City of Corpus Christi, by amending the Corpus Christi Urban Transportation Plan (as adopted by Ordinance No. 025251), and thereafter amended by Ordinances 026278 and 026402) and the Corpus Christi Future Land Use Plan (as adopted by Ordinance 026278) for the City and its extraterritorial jurisdiction; establishing a Unified Future Land Use and Transportation Plan for coordination of land use zoning subdivision development and Capital Improvements consistent with the public interest; amending related elements of the Comprehensive Plan of the city; and providing for publication. (First Reading - 02/23/10) 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 9 regarding an ordinance amending parking on Windward Drive. Council Member Kieschnick asked how the curfew would be enforced. Interim Director of Parks and Recreation Stacie Talbert stated that signage would be placed to notify the Minutes — Regular Council Meeting March 9, 2010 — Page 4 public when the curfew is in effect. Mr. Kieschnick stated that he recommended removing the curfew altogether. In response to Council Member Leal, Ms. Talbert stated that the Park and Recreation Department was responsible for placing the permanent signage. Assistant City Attorney Jay Reining explained that once the beach is closed, there will not be a curfew until the beach is re -nourished to allow the parking spaces to be available to the public. Mr. Reining added that once the re - nourishment project is complete, the curfew signs will be placed and in effect. Mr. Reining provided a background of the problems that were occurring in the parking lot that led to staffs recommendation in 2008 to enforce a curfew. Johnny French, 4417 Carlton, stated that the curfew is a violation of state law which restricts preventing vehicular access to any portion of the beach. Mr. French provided information on the conditions established by the Texas General Land Office (GLO) regarding the curfew that was established in May 2008. Mr. French asked the Council to remove the signage and curfew. Based on comments made by Mr. French, Council directed staff to investigate whether this ordinance is in violation to the GLO's conditions. Mr. Kieschnick made a motion to table Item 9 until the City receives clarification from the Texas General Land Office (GLO). The motion was seconded by Ms. Leal. The foregoing motion was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye". 9. TABLED Ordinance amending Section 33 16, Code of Ordinances, City of Corpus Christi, to allow parking on the Seawall Parking Lot on Windward Drive when any portion of beach seaward penalties; providing for publication. * * * * * * * * * * * * * Mayor Adame announced the executive sessions, which were listed on the agenda as fol lows: 11. Executive Session under Texas Government Code Section 551.071 regarding Pablo Vela vs. City of Corpus Christi, Texas, Cause No. 07-60564-3, in the County Court at Law Number 3, Nueces County, Texas, with possible discussion and action in open session. 12. Executive Session under Texas Government Code Section 551.071 for consultation with its attorney regarding City of Corpus Christi — Proposed TPDES Permit No. WQ0010401004, EPA ID No. TX0047058 (CN600131858; RN101610327), with possible discussion and action in open session. 13. Executive Session under Texas Government Code Section 551.074 regarding an appeal by Michael Rodriguez, concerning a decision by the Civil Service Board, with possible discussion and action related thereto in open session. The Council went into executive session. The Council returned from executive session and the following motions were passed with the following vote: Minutes — Regular Council Meeting March 9, 2010 — Page 5 11. MOTION NO. 2010-052 Motion to authorize the City Manager to execute a Release & Settlement of Cause #07- 60564-3; Pablo Vela vs. City of Corpus Christi; in the County Court at Law No. 3; Nueces County, Texas, in the amount of $80,000, subject to certification of funds. The foregoing motion was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye". 13. MOTION NO. 2010-053 Motion to deny Michael Rodriguez' appeal of the decision of the Civil Service Board. The foregoing motion was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Marez, Martinez, and Scott, voting "Aye"; Leal abstained. ************ Mayor Adame referred to Item 14, and a motion was made, seconded and passed to open the public hearing on the following wastewater acreage fee exemption: Assistant City Manager of Development Services Johnny Perales reported that Mr. Martin Hameka, developer, is requesting the exemption from wastewater acreage fees for Margaret Kelly Land, Tract 3, Lot 1.Mr. Perales stated that staff and the Planning Commission have determined that wastewater services will not be available to the area within the 15 -year timeframe and recommend waiving of the sanitary sewer requirements. No one appeared in opposition to the wastewater acreage fee exemption. Mr. Elizondo made a motion to close the public hearing, seconded by Mr. Chesney, and passed. Mr. Chapa polled the Council for their votes as follows: 14. ORDINANCE NO. 028505 Ordinance exempting Margaret Kelly Land, Tract 3, Lot 1 subdivision from the payment of wastewater lot or acreage fees under Section V.B.6.1) of the Platting Ordinance; requiring the 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, Martinez, and Scott, voting "Aye"; Leal was absent. Mayor Adame referred to Item 15 regarding a public hearing on the cottage housing district. Mayor Adame announced that staff is requesting to postpone Item 15 until March 23, 2010. Mr. Scott made a motion to table Item 15 until March 23, 2010. The motion was seconded by Mr. Elizondo. The foregoing motion was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Marez, Martinez, and Scott, voting "Aye"; Leal was absent. 15. POSTPONED UNTIL MARCH 23, 2010 Public hearing to consider and First Reading Ordinance amending the Corpus Christi Zoning Minutes — Regular Council Meeting March 9, 2010 — Page 6 Title "CH" Cottage Housing District; -by "Cottage Housing Development" as a effectiveeate ************* Mayor Adame opened discussion on Item 16 regarding the Weatherization Assistance Program. Director of Neighborhood Services Eddie Ortega stated that this item is requesting that the Council ratify, accept and appropriate an award in the amount of $1,581,737 from the Department of Housing and Community Affairs fora Weatherization Assistance Program. Mr. Ortega referred to a powerpoint presentation including a background; weatherization program facts; eligible use of funds; income guidelines; ineligible use of funds; home energy audits; energy auditing tips; air sealing; and a breakdown of the typical energy usage in a home. The following topics pertaining to this item are discussed: assistance for heating, air conditioning and water heaters and how applicants can apply for assistance. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 16.a. RESOLUTION NO. 028506 Resolution ratifying the acceptance of a funding award in the amount of $1,581,737 from the Texas Department of Housing and Community Affairs for the Weatherization Assistance Program effective September 1, 2009 and authorizing the City Manager or his designee to execute all related documents. The foregoing resolution was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye". 16.b. ORDINANCE NO. 028507 Ordinance appropriating $1,581,737 in the No. 1059 Grant Fund for the Weatherization Assistance Program (WAP). 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 opened discussion on Item 17 regarding the Salt Flats Levee System. Director of Engineering Services Pete Anaya explained that this item is requesting the approval of the funding and award of a contract for the Salt Flats Levee System. Mr. Anaya referred to a powerpoint presentation including a background; project scope; map of the levee system; project schedule; and funding. Minutes — Regular Council Meeting March 9, 2010 — Page 7 The following topics pertaining to this item were discussed: the option of bringing the issue to voters to consider reallocating the remaining seawall funds to develop a street maintenance plan; the priority list of seawall projects approved by the Corpus Christi Business and Job Development Corporation; the barge dock; costs projections; the fund balance in the seawall fund; and other considerations that FEMA could require for re -certification of the salt flats levee system. Mr. Anaya stated that staff would provide a memo to council outlining the process to repeal the sales tax; a prioritization list of the seawall projects including the justification for each project; and cost projections. David Loeb, representative of the Downtown Management District, spoke in support of the improvement to the Salt Flats Levee System. City Secretary Chapa polled the Council for their votes as follows: 17.a. RESOLUTION NO. 028508 Resolution approving the Corpus Christi Business and Job Development Corporation's expenditure of $1,100,000 of the Corporation's Seawall Funds for the Salt Flats Levee System — Phase 1 project; authorizing amendment of the Corporation's budget; and approving a Seawall Project Agreement between the Corporation and the City of Corpus Christi for the Salt Flats Levee System—Phase 1 Project. The foregoing resolution was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye". 17.b. ORDINANCE NO. 028509 Ordinance appropriating $1,100,000 from Corpus Christi Business and Job Development Corporation in the No. 3271 Seawall Systems CIP Fund for Salt Flats Levee System -Phase 1 Project. 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". 17.c. MOTION NO. 2010-050 Motion authorizing the City Manager, or his designee, to execute a Contract for Professional Services with Urban Engineering of Corpus Christi, Texas, in the amount of $303,054 for preliminary design, design, bid and construction phase services, and additional services for the Salt Flats Levee System — Phase 1 Project for Federal Emergency Management Association (FEMA) recertification. 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 18 regarding the Mary Rhodes Pipeline Phase 2 project. Director of Engineering Services Pete Anaya introduced Mike Nichols with Freese and Nichols, Inc who was available to respond to questions. Mr. Anaya referred to a powerpoint presentation including the council goal to have the project "shovel ready" by December 2011; the Minutes — Regular Council Meeting March 9, 2010 — Page 8 procurement process; funding available; the project schedule; and staff's recommendation. Mr. Nichols provided a brief overview of Freese and Nichols' commitment to the project; the local participation; and local team partners. The following topics pertaining to this item were discussed: Freese and Nichols Inc.'s commitment to have 75% local participation; the work spread among other Corpus Christi engineering firms; and meeting with the stakeholders. Mayor Adame called for comments from the audience. Wilson Wakefield, 6026 Killarmet, asked questions regarding where the water was coming from for this project. Sheila Cudd, 7106 Fort Collins, asked why the City was spending money on a pipeline when water may not be there. Carolyn Moon, 4902 Calvin, spoke regarding the cost and funding of the project. Council Member Marez directed staff to provide the water level update information online. City Secretary Chapa polled the Council for their votes as follows: 18.a. RESOLUTION NO. 028510 Resolution establishing the City's intention to reimburse itself, in an amount not to exceed $8,000,000, for the prior lawful expenditure of funds from the proceeds of obligations to be issued by the City for authorized purposes relating to the Utility System; authorizing matters incident and related thereto; and providing an effective date. The foregoing resolution was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye". 18.b. ORDINANCE NO. 028511 Ordinance advancing $8,000,000 from Fund No. 4050 - Choke Canyon Fund to and appropriating into the No. 4087 Water 2010 TWDB-WIF Loan fund for expenditures related to the planning, design, and permitting of a pipeline and related facilities between the Colorado River and the Mary Rhodes Pipeline pumping facility at Lake Texana; providing for repayment of the $8,000,000 to Fund No. 4050- Choke Canyon Fund from proceeds from the sale of bonds to the Texas Water Development Board. 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". 18.c. MOTION NO. 2010-051 Motion authorizing the City Manager or his designee to execute Amendment No. 4 to the Contract for Professional Services with Freese and Nichols, Inc. of Corpus Christi, Texas, in the amount of $9,676,590, fora total restated fee of $10,990,177 for Mary Rhodes Pipeline Phase 2 for preliminary design, design, bidding and 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". Minutes — Regular Council Meeting March 9, 2010 — Page 9 MayorAdame opened on Item 19 regarding the Texas Utility Revenue Improvement Bonds, Series, 2010. Interim Assistant City Manager Cindy O'Brien stated that this ordinance authorizes the issuance of $8,000,000 of the City's utility system revenue improvement bonds. Ms. O'Brien provided a brief background and stated that the Texas Water Development Board will purchase the bonds that the City issues. Ms. O'Brien introduced Financial Advisor Mark Seal with M.E. Allison and Bond Council Jeff Kuhns with Fulbright and Jaworski. Mr. Seal spoke regarding the financing of the project and reported that the interest rate from the Texas Water Development Board is 2.34%. Mayor Adame called for comments from the audience. Carolyn Moon, 4902 Calvin, and Wilson Wakefield, 6026 Killarmet, spoke regarding the City borrowing money for this project. City Secretary Chapa polled the Council for their votes as follows: 19. ORDINANCE NO. 028512 Ordinance authorizing the issuance of $8,000,000 "City of Corpus Christi, Texas Utility System Revenue Improvement Bonds, Series 2010"; providing the terms, conditions, and specifications for such bonds, including the approval of an application to the Texas Water Development Board; making provisions for the payment and security thereof on a parity with certain currently outstanding obligations; stipulating the terms and conditions for the issuance of additional revenue bonds on a parity therewith; authorizing the execution of a paying agent/registrar agreement and an escrow agreement; complying with the requirements of the depository trust company; enacting other provisions incident and related to the subject and purpose of this ordinance; and 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, Marez, Martinez, and Scott, voting "Aye". * * * * * * * * * * * * * Mayor Adame called for petitions from the audience. Carolyn Moon, 4902 Calvin, spoke regarding graffiti and the City taking care of City property. Gail Goo, 1914 Tara, spoke regarding the preservation of the Memorial Coliseum as a public space and in opposition to demolition. Ms. Goo asked the Council to reconsider the demolition plan. Wilson Wakefield, 6026 Killarmet, spoke in opposition to the Las Brisas plant. Brad Horner provided a letter from landowners requesting the pavement of McIver Street from Matlock to SPID. Alicia Benavidez, 7252 Mansion, spoke regarding the historical and architectural value of the Memorial Coliseum. Ray Madrigal, 6717 Everhart, spoke in support of George Clower's plan for the Memorial Coliseum and asked the Council to reconsider demolition of the Coliseum. Kay Marie Donovan, 621 Atlantic Street, spoke regarding the Memorial Coliseum and stated that she has not seen any documentation that the structure should be condemned because it is unsafe. Elizabeth Babcock, 332 Clifford, asked the Council to recycle the Memorial Coliseum and support the open air structure. Abel Alonzo, 1701 Thames, stated that the community is divided on the issue of the Memorial Coliseum and that the way to support veterans is to go out and vote. Ann Smith, 1005 Meadowbrook, asked the Council to reconsider the decision to demolish the Memorial Coliseum. * * * * * * * * * * * * * There being no further business to come before the Council, MayorAdame adjourned the Council meeting at 3:28 p.m. on March 9, 2010. * * * * * * * * * * * * * I 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 March 9, 2010, which were approved by the City Council on March 23, 2010. WITNESSETH MY HAND AND SEAL, on this the 23rd day of March, 2010. Armando Chapa City Secretary SEAL