HomeMy WebLinkAboutMinutes City Council - 10/09/2012I 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 October 9, 2012 which were approved by the
City Council on October 23, 2012.
WITNESSETH MY HAND AND SEAL, on this the 23rd day of October, 2012.
Armando Chapa
City Secretary
SEAL
INDEXED
1201 Leopard St
Corpus Christi, TX 78401
CCtexas.cam
Tuesday, October 9, 2012 1:30 PM Council Chambers
A. Call meeting to order.
Mayor Adame called the meeting to order.
B. Invocation.
The invocation was delivered by Council Member Larry Elizondo.
C. Pledge of Allegiance.
The Pledge of Allegiance was led by Council Member David Loeb.
D. Roll call.
City Secretary Armando Chapa verified that the necessary quorum of the
Council and the following necessary Charter Officers, Assistant City Manager
Oscar Martinez, City Attorney Carlos Valdez and City Secretary Armando Chapa
were present to conduct the meeting.
Council Member John Marez arrived at 1:45 pm, and Council Member Nelda
Martinez arrived at 1:50 pm.
Present: 9- Mayor Joe Adame, Council Member Chris Adier,Council Member Kelley
AIIen,Council Member Larry Elizondo, Council Member Priscilla
Leal,Council Member David Loeb,Council Member John Marez,Council
Member Nelda Martinez, and Council Member Mark Scott
E. Proclamations 1 Commendations
1 Proclamation declaring October 12, 2012 as "Pink Mustache for Josie
Day"
Proclamation declaring October 2012 as "Employment Alliance for
Persons with Disabilities Month"
Proclamation declaring October 8 _ 13, 2012 as "The 237th United
States Navy Week"
Swearing -in for all newly appointed Board, Commission and
Committee Members
"At Your Service" Award, City Employee Recognition
Mayor Adame read and presented the Proclamation(s).
F. MINUTES:
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2 Approval of Meeting Minutes - September 25, 2012.
A motion was made by Council Member Leal, seconded by Council Member
Scott to approve the minutes as presented and passed.
G. BOARDS & COMMITTEE APPOINTMENTS: NONE
I. CONSENT AGENDA: ITEMS 3 -10
Mayor Adame called for consideration of the Consent Agenda, Items 3 - 10.
Mayor Adame asked for comments from the audience. There were no
comments. City Secretary Chapa stated that Item No. 6 will require an
amendment and will be voted on separately. The remaining items were
approved by one vote:
3 Second Reading Ordinance - Extending a State lease agreement to
enable the boy scouts to finance and construct improvements on their
permanent encampment. (1st Reading - 9111112) (Requires 213 vote)
Ordinance authorizing the City Manager, or designee, to execute an
extension of the Lease Agreement with Texas Parks and Wildlife
Department for the use of an approximately 14,106 acre tract adjacent
to Lake Corpus Christi through December 31, 2052; providing for
severance; providing for publication; and providing an effective date.
The foregoing ordinance was passed and approved on second reading with the
following vote:
Aye: 9- Mayor Adame, Council Member Adler, Council Member Allen, Council
Member Elizondo, Council Member Leal, Council Member Loeb, Council
Member Marez, Council Member Martinez and Council Member Scott
Abstained: 0
Enactment No: 029639
4 Second Reading Ordinance - Amending the Comprehensive Plan of
the City of Corpus Christi and adopting the Corpus Christi Parks and
Recreation Master Plan (1st reading 9125112)
Ordinance amending the Comprehensive Plan of the City of Corpus
Christi by adoption of the Corpus Christi Parks and Recreation Master
Plan; providing for repeal of conflicting ordinances; and providing for
severance.
The foregoing ordinance was passed and approved on second reading with the
following vote:
Aye. 9- Mayor Adame, Council Member Adler, Council Member Allen, Council
Member Elizondo, Council Member Leal, Council Member Loeb, Council
Member Marez, Council Member Martinez and Council Member Scott
Abstained: 0
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Enactment No: 029640
5 Second Reading Ordinance - Accepting and appropriating a State
grant; transferring and appropriating City /InKind match to fund
advocacy for victims of domestic violence (1 st reading 9/25/12)
(Requires 2/3 vote)
Authorizing the City Manager or designee to execute all documents
necessary to accept a grant from the State of Texas, Criminal Justice
Division in the amount of $94,705.39 to continue the Violence Against
Women Formula Grant (VAWA) grant within the Police Department for
Year 13, with a City match of $47,165.68, in -kind match of $7,200 in
the No. 1020 Police General Fund; and appropriating the $94,705.39
in the No. 1061 Police Grants Fund to continue the VAWA grant in the
Police Department and authorizing the transfer of $47,165.68 from the
No. 1020 Cash Contribution to and appropriating in the No. 1061
Police Grants Fund as grant matching funds for a total project cost of
$149,071.07
The foregoing ordinance was passed and approved on second reading with the
following vote:
Aye: 9- Mayor Adame, Council Member Adler, Council Member Allen, Council
Member Elizondo, Council Member Leal, Council Member Loeb, Council
Member Marez, Council Member Martinez and Council Member Scott
Abstained: 0
Enactment No: 029641
7 Second Reading Ordinance - Appropriating funds for marketing and
co- promotion expenditures at the American Bank Center (1st reading
9/25/12) (Requires 2/3 vote)
Ordinance appropriating $600,000 from the unreserved fund balance
in the No. 1130 Arena Facility Fund and transferring to and
appropriating in the No_ 4710 Visitors Facilities Fund for American
Bank Center Marketing and Co- Promotion Expenditures; appropriating
$115,999.96 from the reserved fund balance in the No. 4710 Visitors
Facilities Fund for American Bank Center Marketing and Co- Promotion
Expenditures; changing the FY 2012 -2013 Operating Budget adopted
by Ordinance No. 029577 to increase revenues by $600,000 and
expenditures by $ 1,315,999.96.
The foregoing ordinance was passed and approved on second reading with the
following vote:
Aye: 9- MayorAdame, Council Member Adler, Council Member Allen, Council
Member Elizondo, Council Member Leal, Council Member Loeb, Council
Member Marez, Council Member Martinez and Council Member Scott
Abstained: 0
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Enactment No: 029643
8 Second Reading Ordinance - State lease agreement to store materials
for offshore artificial reef construction (1st reading 9125112) (Requires
213 vote)
Ordinance authorizing the City Manager or designee to execute a
Coastal Surface Lease with the State of Texas to lease approximately
3.0 acres of filled submerged land for the storage of reefing material
for use in constructing an offshore artificial reef, for a term of four
years, for $500 per month for the first two years, and $833.33 per
month for the last two years.
The foregoing ordinance was passed and approved on second reading with the
following vote:
Aye: 9- MayorAdame, Council Member Adler, Council Member Allen, Council
Member Elizondo, Council Member Leal, Council Member Loeb, Council
Member Marez, Council Member Martinez and Council Member Scott
Abstained: 0
Enactment No: 029644
9 Second Reading Ordinance - Professional service contract to improve
operations of the J. C. Elliott landfill gas collection system (1st reading
9125112) (Requires 213 vote)
Ordinance amending the FY 2013 Capital Improvement Budget
adopted by Ordinance No. 029565 to add Project No. E12108 J.C.
Elliott Landfill Gas Collection and Control System Repairs; transferring
budgeted funds in the amount of $108,432 from the Citizens Collection
Center Flour Bluff 1 Padre Island Area Project to the J.C. Elliott Landfill
Gas Collection and Control System Repairs Project; and authorizing
the City Manger or designee to execute a contract for professional
services with SCS Field Services of Bedford, Texas in the amount of
$100,400 for the J.C. Elliott Landfill Gas Collection and Control System
Repairs Project_
The foregoing ordinance was passed and approved on second reading with the
following vote:
Aye: 9- Mayor Adame, Council Member Adler, Council Member Allen, Council
Member Elizondo, Council Member Leal, Council Member Loeb, Council
Member Marez, Council Member Martinez and Council Member Scott
Abstained: 0
Enactment No: 029645
10 Second Reading Ordinanace - Amending the Capital Improvement
Budget to transfer funds and execute a construction contract for street
improvements including utilities from Leopard Street to Maple Leaf
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Drive and offsite Storm Water improvements from Lois Drive to Turkey
Creek along Leopard Street (BOND 2008) (1 st reading 9125112)
(Requires 213 vote)
Ordinance amending the FY 2013 Capital Improvement Budget
adopted by Ordinance No. 029565 to transfer $41,928 in budgeted
wastewater project savings and $16,450 in budgeted water project
savings from the TXDOT Participation Project and $267,499 in
budgeted storm water project savings from the Staples Street Outfall
Project to the Charles Drive from Leopard to Maple Leaf Project;
increasing expenditures in the amount of $325,877; authorizing the
City Manager or designee execute a construction contract with
,lhabores Construction Company of Corpus Christi, Texas in the
amount of $1,735,439.03 for the Charles Drive from Leopard Street to
Maple Leaf Drive Project for the base bid.
A motion was made that this Ordinance be passed on second reading. The
motion carried by the following vote:
Aye: 9- Mayor Adame, Council Member Adler, Council Member Allen, Council
Member Elizondo, Council Member Leal, Council Member Loeb, Council
Member Marez, Council Member Martinez and Council Member Scott
Abstained: 0
Enactment No: 029646
City Secretary Chapa stated that an amendment is necessary to correct the
effective date of the ordinance. A motion was made by Council Member Marez,
seconded by Council Member Loeb to amend the ordinance to reflect that the
ordinance is effective upon publication, and passed.
6 Second Reading Ordinance - Repeal inglreenacting ordinance creating
the Corpus Christi Museum Advisory Board (1 st reading 9125112)
Ordinance repealing and reenacting section 2 -90 "created;
membership; terms; filling vacancies" of the code of ordinances,
dissolving the Corpus Christi Museum of Science and History Advisory
Board and creating a new Corpus Christi Museum of Science and
History Advisory Board; amending section 2 -92 "Meetings; function" of
the code of ordinances by modifying the meeting from monthly to
quarterly; providing an effective date; providing for severance, and
providing for publication.
The foregoing ordinance was passed and approved on second reading as
amended with the following vote:
Aye: 9- Mayor Adame, Council Member Adler, Council Member Allen, Council
Member Elizondo, Council Member Leal, Council Member Loeb, Council
Member Marez, Council Member Martinez and Council Member Scott
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Abstained: 0
Enactment No: 029642
J. EXECUTIVE SESSION: (ITEM 111)
11 Executive session pursuant to Section 551.071(1)(A) of the Texas
Government Code for consultation with attorneys regarding
contemplated litigation with a construction contractor with possible
discussion and action in open session.
Mayor Adame read Executive Session Item No. 11. The council went into
executive session. The council returned from executive session. Mayor
Adame announced that no action would be taken on the executive session.
K. PUBLIC HEARINGS: (NONE)
L. REGULAR AGENDA: (ITEM 12)
12 Agreement for temporary tax abatement for future mixed use
development located at 401 N Chaparral Street (Requires 213 vote)
Resolution authorizing the execution of an agreement with
Cosmopolitan Corpus Ltd providing for temporary property tax
abatement.
The foregoing resolution was was passed and approved with the following
vote:
Aye: 9- Mayor Adame, Council Member Adler, Council Member Allen, Council
Member Elizondo, Council Member Leal, Council Member Loeb, Council
Member Marez, Council Member Martinez and Council Member Scott
Abstained: 0
Enactment No: 029647
M. FIRST READING ORDINANCES: ITEMS 13 - 14
13 First Reading Ordinance - Appropriating funds for equipment, cadets,
and trainee intern program (Requires 213 vote)
Ordinance appropriating $430,000 from the unreserved fund balance
in No. 9010 Crime Control District Fund for "one- time" expenditures in
the FY 2012 -2013 operating budget, and changing the FY 2012 -2013
operating budget adopted by Ordinance No. 029577 by increasing
appropriations by $430,000.
The foregoing ordinance was passed and approved on first reading with the
following vote:
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Aye: 9- Mayor Adame, Council Member Adler, Council Member Allen, Council
Member Elizondo, Council Member Leal, Council Member Loeb, Council
Member Marez, Council Member Martinez and Council Member Scott
Abstained: 0
14 First Reading Ordinance - Amending the Capital Improvement Budget
transferring funds; rescinding /executing contract for North Beach
archway (Requires 213 vote)
Ordinance amending the FY 2013 Capital Improvement Budget
adopted by Ordinance No. 029565 to transfer $40,000 in budgeted
project savings from the Heritage Park Cultural Center Renovation
Project to the North Beach Entry Development Project; increasing
expenditures in the amount of $40,000; rescinding the award of the
North Beach Entry Development (Bond 2008) Re -Bid contract to
Largin Construction Services, LLC. awarded on June 26, 2012 by
Motion M2012 -119; and authorizing the City Manager, or designee, to
execute a construction contract with Barcom Commercial, Inc. of
Corpus Christi, Texas in the amount of $427,609.49 for the North
Beach Entry Development (Bond 2008) Re -Bid for the Base Bid.
The foregoing ordinance was passed and approved on first reading with the
following vote:
Aye: 9- Mayor Adame, Council Member Adler, Council Member Allen, Council
Member Elizondo, Council Member Leal, Council Member Loeb, Council
Member Marez, Council Member Martinez and Council Member Scott
Abstained: 0
N. FUTURE AGENDA ITEMS: ITEMS 15 - 28
Mayor Adame referred to the Future Agenda section of the agenda, Items 15 -
28. Assistant City Manager Martinez stated that staff would provide a
presentation on Items 27 and 28; and Council Member Leal requested a
presentation on Items 15, 16, 18 and 20.
15 Professional services agreement for transporting liquid waste and
sludge to wastewater treatment plant for disposal (Requires 213 vote)
Motion approving a service agreement with Stump Enterprises, LLC,
Rockport, Texas for the hauling of liquid waste and sludge in
accordance with Bid Invitation No. BI- 0201 -12, based on lowest
responsible bid, for an estimated annual expenditure of $86,250 of
which $71,875 is required for the remainder of FY 2012 -2013. The
term of the contract shall be for twelve months with an option to extend
for up to two additional twelve month periods, subject to the approval
of the supplier, and the City Manager or designee. Funds have been
budgeted by the Wastewater Department in FY 2012 -2013.
This Motion was recommended by Staff to the Consent Agenda.
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16 Supply Agreement for material to be used for traffic sign manufacturing
and installation program (Requires 213 vote)
Motion approving supply agreements with the following companies in
the following amounts for traffic sign blanks, sheeting /roll goods, and
traffic sign posts /anchors in accordance with Bid Invitation No.
BI- 0216 -12, based on lowest responsible bidder, for an estimated
annual expenditure of $146,232.89 of which $121,860.74 is required
for the remainder of FY 2012 -2013. The terms of the agreements
shall be for twelve (12) months with options to extend for up to two (2)
additional twelve -month periods, subject to the approval of the
suppliers and the City Manager or designee. Funds have been
budgeted by Traffic Engineering in FY 2012 -2013.
Allied Tube & Conduit Corp. Vulcan Signs
Harvey, Illinois Foley, Alabama
Group I Groups II & III
$42,644.00 $103,588.89
Total: $146,232.89
This Motion was recommended by Staff to the Consent Agenda.
17 Purchase of furniture for offices at water treatment plant (Requires 213
vote)
Motion approving the purchase of furniture for the 0. N. Stevens
Facility Alteration Project from Business Interiors by Staples, Houston,
Texas in the amount of $98,422.94. The award is in accordance with
the State's Cooperative Purchasing Program (TXMAS). Funds are
available in the Water Department Fund No. 4088 - 2012 Capital
Improvement Program (CIP) Fund.
This Motion was recommended by Staff to the Consent Agenda.
18 Service Agreement for City departments to utilize dump truck hauling
of miscellaneous materials to designated areas throughout the city
(Requires 213 vote)
Motion approving a service agreement with Tahoe Trucking, Inc.,
Corpus Christi, Texas for dump truck hauling in accordance with Bid
Invitation No. BI- 0217 -12, based on only bid, for an estimated annual
expenditure of $270,000.00 of which $225,000.00 is required for the
remainder of FY 2012 -2013. The term of the agreement shall be for
twelve (12) months with options to extend for up to two (2) additional
twelve -month periods, subject to the approval of the supplier and the
City Manager or designee. Funds have been budgeted by the Water,
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Storm Water, Street Operations and Solid Waste Operations
Departments in FY 2012 -2013.
This Motion was recommended by Staff to the Consent Agenda.
19 Purchase agreement for four (4) Ford F -150 Crew Cab 4 x 4 Pickup
Trucks to be used for beach rescue operations (Requires 213 vote)
Motion approving the purchase of four (4) Ford F -150 Crew Cab 4 X 4
pickup trucks from Philpott Motors, Nederland, Texas for a total
amount of $114,173.00. The award is based on the cooperative
purchasing agreement with the Texas Local Government Purchasing
Cooperative (TLGPC). Funds for the purchase of the Ford F -150 Crew
Cab 4 X 4 pickup trucks are available in the Capital Outlay Budget of
the Park and Recreation Department in FY 2012 -2013,
This Motion was recommended by Staff to the Consent Agenda.
20 Payment authorization for Mary Rhodes Pipeline emergency repair
(Requires 213 vote)
Motion to authorize payment of $95,512.04 for Mercer Construction
Company for emergency repair to Mary Rhodes Pipeline.
This Motion was recommended by Staff to the Consent Agenda.
21 Lease Agreement with Boy Scout Troop sponsor for property located
near McKenzie Rd. and Allison Drive (Requires 213 vote)
Ordinance authorizing the City Manager, or designee, to execute a
three -year Lease Agreement with West Corpus Christi Rotary Club for
the use of property near McKenzie Road and Allison Drive by Boy
Scout troop sponsored by the Rotary Club, in consideration of the
Rotary Club maintaining the premises and improvements; providing for
severance; and declaring an emergency.
This Emergency Ordinance was recommended by Staff to the Consent Agenda.
22 Authorization for application to State reimbursement program for
beach maintenance expenditures (Requires 213 vote)
Resolution authorizing the City Manager or designee to execute all
documents necessary to request continued financial assistance for
beach cleaning and maintenance on North Padre Island and Mustang
Island during FY 2012 -2013 under the Texas General Land Office's
Beach Cleaning and Maintenance Assistance Program.
This Resolution was recommended by Staff to the Consent Agenda.
23 Amendment to interlocal agreement for latchkey program (Requires
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213 vote)
Resolution authorizing the City Manager or designee to execute an
Amended Interlocal Agreement with the Corpus Christi Independent
School District to operate the latchkey program with term of
approximately five years.
This Resolution was recommended by Staff to the Consent Agenda,
24 State Interlocal agreement for failure to appear at Municipal Court
(Requires 213 vote)
Resolution authorizing the City Manager to execute an Interlocal
Cooperation Agreement with the Texas Department of Public Safety
relating to the Failure To Appear Program
This Resolution was recommended by Staff to the Consent Agenda.
25 Professional services contract for wastewater permitting process
assistance (Requires 213 vote)
Motion authorizing the City Manager, or designee, to execute a
Contract for Professional Services with RPS Espey of Austin, Texas in
the amount of $70,000.00 for the Wastewater Permit Assistance FY
2012.
This Motion was recommended by Staff to the Consent Agenda.
26 Ratification of change order for improvements at the airport (Requires
213 vote)
Motion authorizing the City Manager, or designee, to ratify Change
Order No. 2 with Beecroft Construction, LTD of Corpus Christi, in the
amount of $168,499.36 for the CCIA Communication Center,
Perimeter Security, Standby Generator and Commercial Aviation
Apron Lighting Upgrades - Rehabilitate Terminal Building FIS_
This Motion was recommended by Staff to the Consent Agenda.
27 Resolution adopting the City of Corpus Christi's State legislative
priorities for the 83rd Texas Legislature in 2013.
This Resolution was recommended by Staff to the Consent Agenda.
28 Agreement to manage the American Bank Center (Requires 213 vote)
Motion authorizing the City Manager or his designee to execute a new
five year agreement with SMG to manage the American Bank Center
under new fees, terms and conditions, including a new base
management fee and incentive fee formula, new performance
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requirements, and new food and beverage service provisions_
This Motion was recommended by Staff to the Regular Agenda.
O. UPDATES TO CITY COUNCIL: NONE
P. Public Comment.
MayorAdame referred to Public Comment and the following citizens spoke:
Ray Madrigal made comments regarding the SMG contract; Abel Alonzo
thanked staff for their work on the SMG contract; John Sendejar spoke about
the conditions of certain streets; Art Norman spoke about illegal dumping at
Oso Creek Park.
Q. CITY MANAGER'S COMMENTS:
* Update on City Operations
Assistant City Manager Martinez stated that there are no City Manager
comments.
R. ADJOURNMENT
There being no further business to come before the Council, Mayor Adame
adjourned the meeting at 3.20 pm.
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