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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 September 18, 2018 which were approved by the City
Council on September 25, 2018.
WITNESSETH MY HAND AND SEAL, on this the 25th day of September 2018.
Re,42.eze-et. ti-Ca-rfe\_
ebecca Huerta
City Secretary
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City of Corpus Christi 1201 Leopard Street
(� City Corpus Christi.TX 78401
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City Council
Tuesday,September 18,2018 11:30 AM Council Chambers
Public Notice--THE USE OF CELLULAR PHONES AND SOUND ACTIVATED
PAGERS ARE PROHIBITED IN THE CITY COUNCIL CHAMBERS DURING
MEETINGS OF THE CITY COUNCIL.
MEMBERS OF THE AUDIENCE WILL BE PROVIDED AN OPPORTUNITY TO
ADDRESS THE COUNCIL AT APPROXIMATELY 12:00 P.M. CITIZEN COMMENTS
WILL BE LIMITED TO THREE MINUTES. Please speak into the microphone
located at the podium and state your name and address. If you have a petition or
other information pertaining to your subject, please present it to the City
Secretary.Any electronic media(e.g. CD, DVD,flash drive)that the Public would
like to use while they speak to the City Council MUST be submitted a minimum of
24 hours prior to the meeting. Please contact the Public Communications
department at 361426-3211 to coordinate.
A. Mayor Joe McComb to call the meeting to order.
Mayor McComb called the meeting to order at 11:32 a.m.
B. Invocation to be given by Deacon Michael Mantz, Diocese of Corpus Christi.
Deacon Michael Mantz gave the invocation.
C. Pledge of Allegiance to the Flag of the United States to be led by Renee Couture,
Assistant City Traffic Engineer.
Assistant City Traffic Engineer Renee Couture led the Pledge of Allegiance.
D. City Secretary Rebecca L. Huerta to call the roll of the required Charter Officers.
City Secretary Rebecca L.Huerta called the roll and verified that a quorum of
the City Council and required Charter Officers were present to conduct the
meeting.
Charter Officers:
Interim City Manager Keith Selman,City Attorney Miles K.Risley,and City
Secretary Rebecca L.Huerta.
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City Council Meeting Minutes September 18,2018
Present: 9- Mayor Joe McComb,Council Member Rudy Garza,Council Member Paulette
Guajardo,Council Member Michael Hunter,Coundl Member Debbie
Lindsey-Opel,Council Member Ben Molina,Council Member Everett
Roy,Council Member Lucy Rubio,and Council Member Greg Smith
E. Proclamations I Commendations
1. Proclamation declaring September 17-23, 2018, "United States
Constitution Week".
Proclamation declaring September 2018, "National Pediatric Cancer
Awareness Month".
Check Presentation from Mayor's Hurricane Harvey Fund and Parks,
Arts, Leisure, and Seniors(PALS)to Corpus Christi Tennis Association -
Al Kruse Tennis Courts
Swearing-In Ceremony for Newly Appointed Board, Commission,
Committee and Corporation Members.
Mayor McComb presented the proclamations and conducted the swearing-in
ceremony for newly appointed board and committee members;a check
presentation was made;and information was provided regarding the Corpus
Christi-Nueces County Heart Walk Challenge.
J. PUBLIC COMMENT FROM THE AUDIENCE ON MATTERS NOT SCHEDULED ON
THE AGENDA WILL BE HEARD AT APPROXIMATELY 12:00 P.M. A recording is
made of the meeting; therefore, please speak into the microphone located at the
podium and state your name and address. If you choose to speak during this
public comment period regarding an item on the agenda, you may do so.You will
not be allowed to speak again, however,when the Council is considering the
Item. Citizen comments are limited to three minutes. If you have a petition or
other information pertaining to your subject, please present it to the City
Secretary.Any electronic media(e.g. CD, DVD, flash drive)that the Public would
like to use while they speak MUST be submitted a minimum of 24 hours prior to
the Meeting. Please contact the Public Communications department at
361-826-3211 to coordinate.All items on this agenda are considered public
hearings.
Mayor McComb deviated from the agenda and referred to comments from the
public.Leroy Pena,1801 Bernandino,member of the Red Headed Warriors
and Lipan Apache Tribe of Texas,requested that the City designate a day
honoring the indigenous population in Corpus Christi.Ray Madrigal de Pancho
Villa,4253 Dody,spoke regarding treatment he received during the Corpus
Christi Professional Firefighters'Association's forum for mayoral candidates.
Garret Dorsey,14878 Granada,spoke regarding the Corpus Christi
Homebuilders Association's contributions to the community and the City
working with the Association to solve housing affordability problems in the
community.Victor Ibarra,5525 S.Staples,and John Pope 13857 Cozumel,
spoke in opposition to Agenda Item 21,amending the Unified Development
Code regarding Floodplain administration regulations and adopting a higher
standard for Flood Hazard Prevention of 1 foot of freeboard.Margareta Fratila,
3808 Tripoli,discussed entrepreneurship in Corpus Christi and responsiveness
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of elected officials and candidates for elected office.James Skrobarczyk,714
Oriole,asked questions regarding Agenda Item 22,adopting the Preliminary
Flood Insurance Rate Maps(FIRMs),including:that If the Federal Emergency
Management Agency does not approve the FIRM maps,would the City revert to
the old maps and how areas become exempt;and spoke regarding a
City/County Flood Control System.Dave Resendez,8702 King Ranch and Mike
Staff,7610 Beau Terre,spoke regarding problems related to the water utility
billing system and the Utilities Business Office.
F. CITY MANAGER'S COMMENTS I UPDATE ON CITY OPERATIONS:
Mayor McComb referred to City Managers Comments.Interim City Manager
Keith Selman reported on the following topics:
a. STRATEGIC FUTURE ISSUES(NONE)
b. OTHER
1)Interim City Manager Selman stated that staff is working to address the
issues regarding the utility billing system and response system.Staff is working
to bring in representatives from Infor,the utility billing software,to work on the
billing system and to conduct a multi-fronted effort with the Call Center,
Utilities Business Office and the Utilities Department to improve responses and
communication regarding utility billing issues.2)Interim City Manager Selman
provided a recap of the Items that City Council approved related to the City
--- Council's goals for Economic Development,Water and Streets.3)Due to recent
rain events,Choke Canyon and Lake Corpus Christi are receiving water flows
from the Nueces and Frio Rivers.Choke Canyon is not likely to receive enough
water to come out of the Stage 1 water restrictions.4)The City's Vector Control
unit has been activated to address the mosquitoes and is scheduled to spray
the Annaville/Airport areas tonight and Padre Island and Flour Bluff tomorrow.
Residents are encouraged to remove standing water and mow the grass on
their property to help reduce mosquitoes.5)Interim City Manager Selman
provided an update on the success of the Sandbag Program.8)The City's
Public Libraries are holding the"Food-for-Fines Program"in honor of National
Hunger Awareness.The program allows citizens to clear overdue fines by
donating non-perishable food and pet food Items.Each non-perishable item is
worth a 81.00 towards an outstanding fine.7)Interim City Manager Selman
presented a video related to the Chaparral Street two-way conversion.
Council members and Interim City Manager Selman spoke regarding the
following topics:a timeline to address the billing system and responsiveness;
the number of mosquito trucks in service;mosquito prevention efforts in the
Kings Crossing Subdivision;the Infor utility billing software system;the number
of employees in the Call Center;the multi-fronted effort to communicate to
citizens regarding utility billing concerns;and a news release regarding water
releases from Lake Corpus Christi.
G. MINUTES:
2. Regular Meeting of September 11, 2018.
Mayor McComb referred to approval of the minutes.City Secretary Rebecca L.
City of Coryua Clint Page 9 Printed on 521/2018
City Council Meeting Minutes September 78,2018
Huerta announced that the minutes would need to be amended on page 5 to
reflect Council Member Hunter was absent for the vote on the Consent Agenda
items,not Council Member Lindsey-Opel.
Council Member Garza made a motion to amend the minutes as stated,
seconded by Council Member Rubio and passed unanimously.
Council Member Garza made a motion to approve the minutes as amended,
seconded by Council Member Rubio and passed unanimously.
H. BOARD&COMMITTEE APPOINTMENTS:
3. Corpus Christi Convention and Visitors Bureau
Ethics Commission
Sister City Committee
Mayor McComb referred to board and committee appointments.The following
appointments were made:
Corpus Christi Convention and Visitors Bureau
Council Member Garza made a motion to reappoint Terri Adams(Attraction
Industry),seconded by Council Member Lindsey-Opel and passed(Council
Member Hunter voting"No").
Council Member Garza nominated Tom Schmid(Attraction Industry).Council
Smith nominated Steve Banta(Attraction Industry).
Tom Schmid(Attraction Industry)was appointed with Mayor McComb and
Council Members Lindsey-Opel,Guajardo,Garza,Molina,and Hunter voting
for Tom Schmid and Council Members Rubio,Smith and Roy voting for Steve
Banta.
Ethics Commission
Council Member Garza made a motion to reappoint Richard(Rick)E.Milby,
seconded by Council Member Hunter and passed unanimously.
Council Member Rubio nominated Edward Sample.Council Member Molina
nominated James M.Hernandez.Council Member Lindsey-Opel nominated
Sandra Sanchez.
Edward Sample and Sandra Sanchez were appointed with Mayor McComb
and Council Members Hunter,Garza,Guajardo,Smith,Lindsey-Opel and Rubio
voting for Edward Sample;Mayor McComb and Council Members Hunter,
Molina,Roy,Guajardo,Smith,Lindsey-Opel and Rubio voting for Sandra
Sanchez;and Council Members Molina,Roy,and Garza voting for James M.
Hernandez.
Sister City Committee
Council Member Rubio made a motion to reappoint Melody H.Cooper
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(Economic Development Sector),seconded by Council Member Gain and
passed unanimously.
Council Member Hunter made a motion to appoint Heather Moretzsohn
(Advisory,Non-voting member)to a one-year term,seconded by Council
Member Garza and passed unanimously.
Council Member Garza made a motion to appoint Luis F.Cabrera(Port
Industries of Corpus Christi),Sharron K.Hines(Greater Corpus Christi
Hospitality Association),and Mark C.Arnold(At-Large),seconded by Council
Member Lindsey-Opel and passed unanimously.
EXPLANATION OF COUNCIL ACTION:
K. CONSENT AGENDA: (ITEMS 4-27j
Approval of the Consent Agenda
Mayor McComb referred to the Consent Agenda.Council members requested
that Items 17,20,21 and 22 be pulled for individual consideration.Interim City
Manager Keith Selman stated that the applicant for the rezoning Case No.
0718-04 May Dev.LP requested that Item 19 be pulled for individual
consideration.There were no comments from the public.
A motion was made by Council Member Lindsey-Opel,seconded by Council
Member Molina,to approve the Consent Agenda.The consent agenda items
were passed and approved by one vote as follows:
Aye: 9- Mayor McComb,Council Member Garza,Council Member Guajardo,
Council Member Hunter, Council Member Lindsey-Opel,Council Member
Molina,Council Member Roy,Council Member Rubio and Council Member
Smith
Abstained: 0
4. Three-Year Service Agreement for Arbitrage Compliance Services
Motion authorizing a three-year service agreement for arbitrage
compliance services with Arbitrage Compliance Specialists, Inc.,
Centennial, Colorado, for$46,500 with two one-year options for a
potential multi-year contract amount of$77,500.
This Motion was passed on the consent agenda.
Enactment No: M2018-167
5. Type B Economic Development Agreement
Motion approving an agreement with the Corpus Christi B Corporation for
management of the Corporation's economic development funds.
This Motion was passed on the consent agenda.
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Enactment No: M2018-168
6. Interlocal Agreement for Distribution of Grant Funds
Resolution authorizing Interlocal Agreements with City of Robstown for
distribution of$10,217 from FY2017 Edward Byrne Memorial Justice
Grant Program funds.
This Resolution was passed on the consent agenda.
Enactment No:031536
7. Professional Services Contract for the Area Development Plans
Project
Motion to authorize execution of a professional services contract with
Freese and Nichols, Inc. of Corpus Christi, Texas in the amount of
$300,000 for the Area Development Plans project.
This Motion was passed on the consent agenda.
Enactment No: M2018-169
8. Professional Services contract for the Automated Pavement
Condition Index Survey project
Motion authorizing a contract for professional services with Transmap
Corporation, headquartered in Upper Arlington, Ohio in the amount of
$220,983.19 for the Base Bid and Additive Alternate No. 2 for the
Automated Pavement Condition Index Survey project.
This Motion was passed on the consent agenda.
Enactment No:M2018-170
9. Professional Services Contract for the Packery Channel
Restoration Project
Motion to authorize execution of Amendment No. 1 with HDR
Engineering, Inc. of Corpus Christi, Texas in the amount of$301,008 for
a total restated fee of$351,005 for the Packery Channel Restoration
project.
This Motion was passed on the consent agenda.
Enactment No: M2018-171
10. Purchase of Seven Ford Trucks for Parks and Recreation
Motion authorizing the purchase of six Ford F-250 trucks and one Ford
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F-350 truck with AutoNation Ford of Corpus Christi, Texas and
Bluebonnet Ford of New Braunfels,Texas based on Request for Bid No.
1794 for a total amount not to exceed$264,753.00.
This Motion was passed on the consent agenda.
Enactment No: M2018-172
11. Purchase of three tractors for Parks and Recreation
Motion authorizing the purchase of three John Deere Tractors from Deere
&Company, of Cary, North Carolina, via Buy Board cooperative for
$162,091.63.
This Motion was passed on the consent agenda.
Enactment No:M2018-173
12. Lease Purchase of Six Trucks and Two Trailers for Solid Waste
Operations
Motion authorizing the lease purchase of four side loading refuse truck
from Rush Truck Center of New Braunfels,Texas, and two rear-loading
refuse trucks from Grande Truck Center of San Antonio,Texas and two
transfer trailers from Rush Truck Center of New Braunfels, Texas via
Houston-Galveston Area Council (HGAC)for a total amount not to
exceed$2,013,177.48.
This Motion was passed on the consent agenda.
Enactment No: M2018-174
13. Purchase of Two Trucks for Utilities
Motion authorizing the purchase of two Ford F-250 pickup trucks from
Rush Truck Center of New Braunfels, Texas, via BuyBoard Purchasing
Cooperative for a total amount not to exceed$92,118.00.
This Motion was passed on the consent agenda.
Enactment No: M2018-175
14. Service agreement for Custodial Services for Fleet Maintenance
Buildings
Motion authorizing a one-year service agreement for custodial services
with Hilario O. Ortega, Jr., dba A Plus Janitorial and Mowing Services of
Corpus Christi, Texas for a total amount of$18,995.16, with two one-year
options for a total potential multi-year amount of$56,985.48.
This Motion was passed on the consent agenda.
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Enactment No: M2018-176
15. Purchase of Refuse and Recycling Carts for Solid Waste
Motion authorizing the purchase of refuse and recycling carts from
Cascade Engineering of Grand Rapids, Michigan, via Houston-Galveston
Area Cooperative(HGAC), in the total amount not to exceed
$499,344.40.
This Motion was passed on the consent agenda.
Enactment No: M2018-177
16. Actuarial Services for Risk Management
Motion authorizing a five year service agreement to provide Actuarial
Services for the City's Risk Management Division with AMI Risk
Consultants, Inc., of Miami, Florida for a not to exceed value of$60,000.
This Motion was passed on the consent agenda.
Enactment No: M2018-178
18. Second Reading Ordinance-Rezoning property at or near 7001
South Staples Street(1st Reading 9/11118)(3/4 Vote Required)
Case No. 0718-03 Dr. Haysam Dawod, DDS:
Planning Commission and Staff Recommendation (July 25, 2018):
Denial of the change of zoning from the "CN-1" Neighborhood
Commercial District to the"CG-2"General Commercial District, in lieu
thereof:
Ordinance rezoning property at or near 7001 South Staples Street from
"CN-1" Neighborhood Commercial District to the"CN-1/SP"
Neighborhood Commercial District with a Special Permit.
This Ordinance was passed on second reading on the consent agenda.
Enactment No:031537
23. Second Reading Ordinance-Accepting a Grant to support the
Web Based Emergency Operations Center(WEBEOC) (1st
Reading 9/11/18)
Ordinance authorizing acceptance of$15,000 grant from Coastal Bend
Regional Advisory Council for City's WebEOC operations; and
appropriating $15,000 into Fire Grant Fund.
This Ordinance was passed on second reading on the consent agenda.
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Enactment No: 031542
24. Second Reading Ordinance-Appropriation of Increased Revenue
at the City's Warehouse(1st Reading 9111/18)
Ordinance appropriating estimated increased revenues of$750,000 to
cover projected increased expenses in the City's Warehouse related to
the cost of Warehouse merchandise sold; and amending the operating
budget by increasing estimated revenues and expenditures by $750,000
each.
This Ordinance was passed on second reading on the consent agenda.
Enactment No: 031543
25. Second Reading Ordinance-Appropriating funds and approving
contract for High Intensity Activated Crosswalk(HAWK)Traffic
Signal at Ocean Drive and Del Mar Boulevard (Bond 2012,
Proposition 1) (1st Reading 9/11/18)
Ordinance appropriating into Street CIF' Fund 3530; changing Capital
Improvement Program Budget by$131,483.04 and authorizing execution
of a construction contract with Maldonado-Burkett Intelligent
Transportation Systems, Inc. of Corpus Christi, Texas in the amount of
$164,353.81 for construction of a HAWK Traffic Signal at Ocean Drive
and Del Mar Boulevard. (Bond 2012, Proposition 1).
This Ordinance was passed on second reading on the consent agenda.
Enactment No:031544
26. Second Reading Ordinance-Agreement for Frontera Historical
and Cultural Events(1st Reading 9/11/18)
Ordinance authorizing an agreement with Corpus Christi Convention and
Visitors Bureau to allow use of La Retama Park near Schatzel and
Mesquite Streets for the Frontera event and related activities on
November 2 thru November 4, 2018.
This Ordinance was passed on second reading on the consent agenda.
Enactment No:031545
27. Second Reading Ordinance-Accepting and Appropriating Grant
Funds from the National Recreation and Park Association (1st
Reading 9/11/18)
Ordinance accepting a grant in the amount of$15,000 from the National
Recreation and Park Association for the Conserve Our Parks CITGO
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Service Days.
This Ordinance was passed on second reading on the consent agenda.
Enactment No: 031546
17. Corpus Christi Convention and Visitors Bureau Contract
Amendment
Motion authorizing Amendment No. 1 to the Consulting Services
Agreement with the Corpus Christi Convention and Visitors Bureau to
extend the Agreement on a month-to-month basis until a new agreement
can be reached.
Mayor McComb referred to item 17.Business Liaison Arlene Medrano stated
that the purpose of this item is to approve an amendment to the Consulting
Services Agreement with the Corpus Christi Convention and Visitors Bureau
(CVB)to extend the agreement on a month-to-month basis until a new
agreement can be reached.The existing three-year agreement will expire on
September 30,2018.Per the City's Annual Audit Plan,the City Auditor is
conducting a contract audit of this agreement As a result,a new multi-year
agreement with the CVB is being postponed until said audit is complete.There
were no comments from the public.
A council member spoke regarding the review of the CVB's contract audit and
encouraged staff to expedite the review.
Council Member Rubio made a motion to approve the motion,seconded by
Council Member Smith.This Motion was passed and approved with the
following vote:
Aye: 9- Mayor McComb,Council Member Garza, Council Member Guajardo,
Council Member Hunter,Council Member Lindsey-Opel, Council Member
Molina, Council Member Roy, Council Member Rubio and Council Member
Smith
Abstained: 0
Enactment No: M2018-179
19. Second Reading Ordinance-Rezoning property at or near 7601
South Padre Island Drive and 5246 Lexington Road (1st Reading
9(11/2018)(3(4 Vote Required)
Case No. 0718-04 May Dev, LP:
Planning Commission and Staff Recommendation (July 25. 2018):
Denial of the change of zoning from the"CG-2"General Commercial
District to the"IL" Light Industrial District, in lieu thereof:
Ordinance rezoning property at or near 7601 South Padre Island Drive
and 5246 Lexington Road from "CG-2"General Commercial District to
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the "CG-2/SP"General Commercial District with a Special Permit.
Mayor McComb referred to Item 19,rezoning of property at or near 7601 South
Padre Island Drive and 5246 Lexington Road.Director of Development Services
Nina Nixon-Mendez stated that the applicant is requesting that the ordinance
be amended to include the following language to Section 2,Special Permit
Condition#8,Time Limit:The duration of closure of business will not include
the time closed due to force majeure type situations such as act of God.There
were no comments from the public.
Council Member Lindsey-Opel made a motion to amend the ordinance by
adding the stated language to Section 2,Special Permit Condition#8,
seconded by Council Roy and passed unanimously.
Council Member Garza made a motion to approve the ordinance as amended,
seconded by Council Member Lindsey-Opel.This Ordinance was passed on
second reading as amended and approved with the following vote:
Aye: 9- Mayor McComb,Council Member Garza, Council Member Guajardo,
Council Member Hunter,Council Member Lindsey-Opel, Council Member
Molina, Council Member Roy, Council Member Rubio and Council Member
Smith
Abstained: 0
Enactment No:031538
20. Second Reading Ordinance-Amending the Unified Development
Code to clarify language in specific areas(1st Reading 9/11/18)
Ordinance amending the Unified Development Code regarding defined
terms, exceptions from platting requirements, minor, amending or
vacating plat review applicability, commercial districts permitted uses,
commercial use categories, specific standards, water trust fund, and
wastewater trust fund.
Mayor McComb referred to Item 20,amending the Unified Development Code.
Director of Development Services Nina Nixon-Mendez stated that at the
September 11,2018 Council meeting,the ordinance was amended to remove
the provisions related to the distance requirements for a bar,tavern or pub and
smoking lounges to allow staff to provide additional outreach related to the bar
provision and clarify the definition regarding smoking lounges.There were no
comments from the public.
Council members and staff discussed the following topics:clarifying the
definition regarding smoking lounges and cross referencing with existing
ordinances;hookah lounges;and the use of e-cigarettes in restaurants.
Council Member Smith made a motion to approve the ordinance,seconded by
Council Member Garza.This Ordinance was passed on second reading and
approved with the following vote:
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Aye: 9- Mayor McComb,Council Member Garza,Council Member Guajardo,
Council Member Hunter, Council Member Lindsey-Opel,Council Member
Molina,Council Member Roy,Council Member Rubio and Council Member
Smith
Abstained: 0
Enactment No:031539
21. Second Reading -Amending the Unified Development Code
regarding floodplain administration regulations(1st Reading
9111118)
Ordinance amending the Unified Development Code to remove the
floodplain administration regulations; and providing for penalties.
Mayor McComb referred to Item 21,amending the Unified Development Code
regarding floodplain administration and Item 22,adopting the Preliminary
Flood Insurance Rate Maps(FIRMS).Director of Development Services
Nina-Nixon Mendez,Floodplain Manager Yvette Dodd and council members
discussed the following topics:the process for adopting the preliminary FIRMs
and final adoption;the proposed higher standards for Flood Hazard Prevention
to increase freeboard to 1 foot;that if the Federal Emergency Management
Agency(FEMA)did not approve the FIRMs,the City would revert back to the
old maps;the appeals by Nueces County;the Oso Creek Appeal;concern from
--- the Coastal Bend Homebuilders Association regarding increasing freeboard to
1 foot;costs associated with higher standards;if the FIRMs include the City's
extraterritorial jurisdiction;if the FIRMs include zone change to LiMWA;if
adoption of FIRMS change building practices or standards that currently exist;
that freeboard measurement begins at the first habitable floor;the insurance
rate savings for 1 foot of freeboard;communication with stakeholders;and the
consequences of not approving the preliminary FIRMS.There were no
comments from the public.
Council Member Smith made a motion to approve the ordinance,seconded by
Council Member Lindsey-Opel.This Ordinance was passed on second reading
and approved with the following vote:
Aye: 9- Mayor McComb,Council Member Garza,Council Member Guajardo,
Council Member Hunter,Council Member Lindsey-Opel,Council Member
Molina,Council Member Roy,Council Member Rubio and Council Member
Smith
Abstained: 0
Enactment No: 031540
22. Second Reading Ordinance-Adopting the Preliminary Flood
Insurance Rate Maps(1st Reading 9111118)
Ordinance amending the Code of Ordinances to adopt the preliminary
flood insurance rate maps; and providing for penalty.
This item was discussed during Item 21.
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Council Member Lindsey-Opel made a motion to approve the ordinance,
seconded by Council Member Smith.This Ordinance was passed on second
reading and approved with the following vote:
Aye: 9- Mayor McComb, Council Member Garza, Council Member Guajardo,
Council Member Hunter,Council Member Lindsey-Opel,Council Member
Molina, Council Member Roy, Council Member Rubio and Council Member
Smith
Abstained: 0
Enactment No:031541
S. EXECUTIVE SESSION: (ITEM 58)
Mayor McComb deviated from the agenda and referred to Executive Session
Item 58.The Council went into executive session at 1:32 p.m The Council
returned from executive session at 2:22 p.m.
58. Executive Session pursuant to Texas Government Code§551.071
and Texas Disciplinary Rules of Professional Conduct Rule 1.05 to
consult with attorneys concerning litigation including, but not limited to,the
case of Graham Construction Services, Inc. et al v. City of Corpus
Christi et al, including potential consideration of settlement offers and/or
fees for attorneys, engineers, and other expert witnesses assisting in
defense of action(s), including the law firms of Kilpatrick, Townsend,
Stockton, LLP, Hartline Dacus Barger Dreyer, LLP, Navigant Consulting,
Inc., Scott Hibbs PE, Enprotec, Hibbs&Todd Inc., and other entities
providing professional services for the aforesaid case.
Mayor McComb referred to Item 58 and the following motion was considered:
Motion to authorize the execution of amendments,agreements and
encumbrance of funds for legal,engineering,and other professional consulting
and/or expert witness services and associated court reporter,copy,and travel
costs and mediator fees for the lawsuit of Graham Construction Services,Inc.v.
City of Corpus Christi in amounts not to exceed$1,265,700 with the law limn of
Kilpatrick Townsend&Stockton,LLP,Hartline Dacus Barger Dreyer,LLP,
Richard P.Flake,PLLC and the consulting/engineering/expert firms of Ankura
Consulting Group(ika Navigant Consulting),Enprotec,WJE,FTI and US Legal
and authorize carry-over of unexpended funds into the following fiscal years.
Council Member Lindsey-Opel made a motion to approve the motion,
seconded by Council Member Rubio. This Motion was passed and approved
with the following vote:
Aye: 9- Mayor McComb,Council Member Garza,Council Member Guajardo,
Council Member Hunter,Council Member Lindsey-Opel,Council Member
Molina,Council Member Roy,Council Member Rubio and Council Member
Smith
Abstained: 0
Enactment No: M2018-180
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L. RECESS FOR LUNCH
The recess for lunch was held during Executive Session Item 58.
M. BUDGET RELATED ITEMS: (ITEMS 28-321
28. Amendment to Financial Budgetary Policies
Resolution amending Financial Budgetary Policies adopted by
Resolution 031240 and providing financial policy direction on preparation
of the annual budgets.
Mayor McComb referred to item 28.Director of Management and Budget Eddie
Houlihan stated that the purpose of this item is to amend the Financial
Budgetary Policies.Mr.Houlihan provided a brief overview of the financial
budgetary policies and proposed amendments.There were no comments from
the public.
Council members and staff discussed the following topics:the policy regarding
the transfer of funds from the General Fund to the Residential Street
Reconstruction Fund;review of the debt management policy by the financial
advisor;funding for capital improvement projects;staffs responsibility to
oversee capital improvement projects and ensure they remain on target;if the
budget includes expected revenue from grants;and a dedicated fund
regarding the drought surcharge from large-volume industrial customers to
ensure future water supply.
Mayor McComb made a motion to amend the financial budgetary policies to
include a dedicated fund regarding the drought surcharge from large-volume
Industrial customers to ensure future water supply,seconded by Council
Member Lindsey-Opel and passed unanimously.
Council Member Lindsey-Opel made a motion to approve the resolution as
amended,seconded by Council Member Garza.This Resolution was passed as
amended and approved with the following vote:
Aye: 9- Mayor McComb,Council Member Garza,Council Member Guajardo,
Council Member Hunter,Council Member Lindsey-Opel, Council Member
Molina,Council Member Roy,Council Member Rubio and Council Member
Smith
Abstained: 0
Enactment No: 031547
29. Second Reading Ordinance-Adoption of Proposed FY 2018-2019
Operating Budget(1st Reading 9/11/18)
Ordinance adopting the City of Corpus Christi operating budget for the
fiscal year 2018-2019 beginning October 1, 2018; to be filed with the
county clerk; appropriating monies as provided in the budget; and
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providing for severance.
Mayor McComb referred to Item 29.Director of Management and Budget Eddie
Houlihan stated that the purpose of this item is to adopt the proposed
FY2018-2019 Operating Budget Mr.Houlihan presented the following
information:the full-time equivalent count;revenues and expenditures;a
history of the property tax rates;the projected fund balance in the General
Fund,Internal Service Funds;Enterprise Funds,and Special Revenue Funds;
and a proposed budget amendment to increase expenditures by$50,000 for the
Reinvestment Zone No.2 Feasibility Study.There were no comments from the
Council or the public.
Council Member Garza made a motion to amend the ordinance by increasing
expenditures by$50,000,seconded by Council Member Lindsey-Opel and
passed unanimously.
Council Member Garza made a motion to approve the ordinance as amended,
seconded by Council Member Lindsey-Opel.This Ordinance was passed on
second reading as amended and approved with the following vote:
Aye: 9- Mayor McComb, Council Member Garza,Council Member Guajardo,
Council Member Hunter,Council Member Lindsey-Opel, Council Member
Molina, Council Member Roy, Council Member Rubio and Council Member
Smith
Abstained: 0
Enactment No:031548
30. Second Reading Ordinance-Ratifying increase in property tax
revenues from FY2017-2018 Operating Budget(1st Reading
9111118)
Ordinance to ratify increase of$7,680,380 in property tax revenues from
last year's operating budget as reflected in the 2018-2019 operating
budget.
Mayor McComb referred to Item 30.Director of Management and Budget Eddie
Houlihan stated that the Texas Local Government Code provides that adopting
a budget that requires raising more property tax revenue than the previous
year requires a separate vote of the City Council.The purpose of this item is to
ratify the increase of$7,880,380 in property tax revenues.There were no
comments from the public.
Council members discussed the following topics:a council member explained
his"No"vote to increase property taxes;the property tax rate including the
voter-approved two-cents dedicated to residential streets;and that the City
Council did not implement the voter-approved two-cent increase in
FY2017-2018 due to Hurricane Harvey.
Mayor McComb made a motion to approve the ordinance,seconded by Council
Member Rubio. This Ordinance was passed on second reading and approved
with the following vote:
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Aye: 8- Mayor McComb,Council Member Garza,Council Member Guajardo,
Council Member Lindsey-Opel,Council Member Molina, Council Member
Roy,Council Member Rubio and Council Member Smith
Nay: 1 - Council Member Hunter
Abstained: 0
Enactment No:031549
31. Second Reading Ordinance-Approving Fiscal Year 2018-2019
Capital Budget and Capital Improvement Planning Guide(1st
Reading 9/11/18)
Ordinance approving the Fiscal Year 2018-2019 Capital Budget and
Capital Improvement Planning Guide in the amount of$197,583,700.
Mayor McComb referred to Item 31.Assistant City Manager Mark Van Vleck
stated that the purpose of this item is to approve the FY2018-2019 Capital
Budget and Capital Improvement Planning(CIP)Guide.There were no
comments from the public.
Council members discussed the following topics:future projects to address
wastewater issues in downtown,including the Agnes Street Corridor;a recap
of the Street program highlights;and that Bond 2018 propositions that are not
approved by the voters will be removed from the CIP.
Council Member Garza made a motion to approve the ordinance,seconded by
Council Member Smith.This Ordinance was passed on second reading and
approved with the following vote:
Aye: 9- Mayor McComb,Council Member Garza,Council Member Guajardo,
Council Member Hunter, Council Member Lindsey-Opel,Council Member
Molina,Council Member Roy,Council Member Rubio and Council Member
Smith
Abstained: 0
Enactment No:031550
32. Resolution approving Parks and Recreation fees for fiscal year
2018-2019
Mayor McComb referred to Item 32.Director of Parks and Recreation Jay
Ellington stated that the purpose of this item is to approve Parks and
Recreation fees for FY2018-2019.There were no comments from the public.
Council members and staff discussed the following topics:if the aquatics fees
attributed to the reduction in aquatics revenue;that tennis center fees will stay
the same until the new contracts are in place;the five-year plan to gradually
increase Parks and Recreation fees;and tournament and rental fees charged
at the Al Kruse Tennis Center,
Council Member Lindsey-Opel made a motion to approve the resolution,
seconded by Council Member Gain. This Resolution was passed and
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approved with the following vote:
Aye: 8- Mayor McComb,Council Member Garza,Council Member Guajardo,
Council Member Lindsey-Opel,Council Member Molina,Council Member
Roy,Council Member Rubio and Council Member Smith
Absent: 1 - Council Member Hunter
Abstained: 0
Enactment No:031551
N. PUBLIC HEARINGS: (ITEMS 33-35)
33. Public Hearing and First Reading Ordinance -Rezoning for a
Property located at or near 6001 Crosstown Expressway(State
Highway 286).
Case No. 0818-01 Joshua Kosarek: Ordinance rezoning property at or
near 6001 Crosstown Expressway(State Highway 286)from"RS-6"
Single-Family 6 District to the"CN-1" Neighborhood Commercial District.
(3/4 vote required)
Planning Commission and Staff Recommendation (August 8. 2018):
Denial of the change of zoning from the"RS-6" Single-Family 6 District to
the"CN-1" Neighborhood Commercial District, in lieu thereof:
Ordinance rezoning property at or near 6001 Crosstown Expressway
(State Highway 286)from"RS-6"Single-Family 6 District to the"ON"
Neighborhood Office District.
Mayor McComb referred to Item 33.Director of Development Services Nina
Nixon-Mendez stated that the purpose of this item is to rezone the subject
property to allow for the construction of a medical office building.Ms.
Nixon-Mendez stated that the Planning Commission and staff recommend
denial of the"CN-f"Neighborhood Commercial District,and in lieu thereof,
approval of the"ON"Neighborhood Office District.
Council members and staff discussed the following topics:business growth in
City Council District 3;the"RS-6"Single-Family 6 District zoning along the
Crosstown Expressway;staffs recommendation of the"ON"Neighborhood
Office District to allow for a more transitional use;and future consideration to
rezoning the area to"CN-1"Neighborhood Commercial District.
Mayor McComb opened the public hearing.Wade Spenst,222 Cape Aron,the
applicants representative,spoke in support of the rezoning.Mayor McComb
closed the public hearing.
Council Member Rubio made a motion to approve the ordinance,seconded by
Council Member Guajardo.This Ordinance was passed on first reading and
approved with the following vote:
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Aye: 9- Mayor McComb,Council Member Garza, Council Member Guajardo,
Council Member Hunter, Council Member Lindsey-Opel,Council Member
Molina,Council Member Roy,Council Member Rubio and Council Member
Smith
Abstained: 0
34. Public Hearing and First Reading Ordinance- Rezoning for a
Property located at or near 4441 South Alameda Street.
Case No. 0818-02 Texas Star Investments, Inc: Ordinance rezoning
property at or near 4441 South Alameda Street from"CN-1"
Neighborhood Commercial District to the"CG-2"General Commercial
District. (3/4 Vote Required)
Planning Commission and Staff Recommendation (August 8, 2018):
Denial of the change of zoning from the"CN-1" Neighborhood
Commercial District to the"CG-2" General Commercial District in lieu
thereof:
Ordinance rezoning property at or near 4441 South Alameda Street from
"CN-1" Neighborhood Commercial District to the"CN-1/SP"
Neighborhood Commercial District with a Special Permit(SP)
Mayor McComb referred to Item 34.Director of Development Services Nina
Nixon-Mendez stated that the purpose of this item is to rezone the subject
property m allow for the construction of an automated car wash.Ms.
Nixon-Mendez stated that the Planning Commission and staff recommend
denial of the"CG-2"General Commercial District,and in lieu Thereof,approval
of the"CN-1/SP"Neighborhood Commercial District with a Special Permit.
Council members and staff discussed the following topics:the location of the
subject property;how the hours of operation would be regulated;if the car
wash would increase the load to the City's wastewater system;that the car
wash will be recycling water and using a system to separate oil from water;
and the frequent use of rezoning with a Special Permit.
Mayor McComb opened the public hearing.Sandra Morgan,applicant,stated
that the hours of operation will be from 8:00 a.m.to 8:00 p.m.and the facility
will be monitored by an attendant.Mayor McComb closed the public hearing.
Council Member Rubio made a motion to approve the ordinance,seconded by
Council Member Garza.This Ordinance was passed on first reading and
approved with the following vote:
Aye: 9- Mayor McComb,Council Member Garza,Council Member Guajardo,
Council Member Hunter,Council Member Lindsey-Opel,Council Member
Molina, Council Member Roy, Council Member Rubio and Council Member
Smith
Abstained: 0
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35. Public Hearing and First Reading Ordinance•Rezoning for a
Property located at or near 1804 Buford Avenue.
Case No. 0818-03 The Salvation Army: Ordinance rezoning property at
or near 1804 Buford Avenue from"RS-6" Single-Family 6 District to the
"CG-1/SP"General Commercial District with a Special Permit.(3/4 Vote
Required)
Planning Commission and Staff Recommendation (August 8, 2018):
Denial of the change of zoning from the"RS-6" Single-Family 6 District to
the"CG-1/SP"General Commercial District with a Special Permit, in lieu
thereof:
Ordinance rezoning property at or near 1804 Buford Avenue from"RS-6"
Single-Family 6 District to the"RS-6/SP" Single-Family 6 District with a
Special Permit
Mayor McComb referred to Item 35.Director of Development Services Nina
Nixon-Mendez stated that the purpose of this item is to rezone the subject
property to allow for a social service use and the construction of a 35,000
square foot transitional housing facility.The property was rezoned"RS-6/SP"
Single-Family 6 District with a Special Permit in 2016.It has been over two
years since the approval and there has been no action on the Special Permit,
therefore,the Special Permit has expired.Ms.Nixon-Mendez stated that the
Planning Commission and staff recommend denial of the"CG-1/SP with a
Special Permit,and in lieu thereof,approval of the"RS-6/SP"Single-Family 6
District with a Special Permit.
Mayor McComb opened the public hearing.Gustavo Perez,Business Manager
for the Salvation Army,spoke in support of the rezoning.Mayor McComb
closed the public hearing.
Council members discussed the following topics:council members expressed
appreciation to The Salvation Army for continuing to assist the population most
in need in the community;the plans for the old Salvation Army facility;and the
total number of beds and rooms planned at the facility to house families,
veterans,and single men.
Council Member Garza made a motion to approve the ordinance,seconded by
Council Member Lindsey-Opel. This Ordinance was passed on first reading
and approved with the following vote:
Aye: 9- Mayor McComb,Council Member Garza, Council Member Guajardo,
Council Member Hunter, Council Member Lindsey-Opel,Council Member
Molina,Council Member Roy,Council Member Rubio and Council Member
Smith
Abstained: 0
0. REGULAR AGENDA: (ITEMS 36 -371
36. Ordinance Setting the Property Tax Rate
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Ordinance setting a property tax rate of$0.626264 per$100 valuation
which is effectively a 6.63% increase over the effective tax rate; and
declaring an emergency.
Mayor McComb referred to Item 36,adopting the FY2019 property tax rate of
$0.626264 per$100 valuation which is effectively a 6.63%increase over the
effective tax rate.Director of Financial Services Constance Sanchez and
council members discussed the following topics:that the rate being proposed
includes a two-cent increase as approved by the voters to address residential
streets;and that the tax rate being adopted is for existing bonds,not future
bonds.There were no comments from the public.
Mayor McComb made a motion that the property tax rate be increased by the
adoption of a tax rate of$0.626264 per$100 valuation,which is effectively a
6.63%increase In the tax rate,seconded by Council Member Garza.This
Ordinance was passed on emergency and approved with the following vote:
Aye: 8- Mayor McComb, Council Member Garza, Council Member Guajardo,
Council Member Lindsey-Opel, Council Member Molina, Council Member
Roy, Council Member Rubio and Council Member Smith
Nay: 1 - Council Member Hunter
Abstained: 0
Enactment No:031552
37. Resolution authorizing a Service Agreement for purchase and
Installation of an ambulance chassis
Resolution authorizing a service agreement with Knapp Chevrolet of
Houston, Texas, for the purchase and installation of an ambulance
chassis for$83,825.
Mayor McComb referred to Item 37.Fire Chief Robert Rocha stated that the
purpose of this item is to authorize a service agreement for the purchase and
installation of an ambulance chassis.There were no comments from the
public.
Council members,Fire Chief Rocha,and Assistant Fire Chief Rick Trevino
discussed the following topics:the status of the AMBUS;the status of the three
newly purchased ambulances;and the total cost of an ambulance.
Council Member Rubio made a motion to approve the resolution,seconded by
Council Member Roy.This Resolution was passed and approved with the
following vote:
Aye: 7- Mayor McComb,Council Member Garza,Council Member Guajardo,
Council Member Molina,Council Member Roy, Council Member Rubio and
Council Member Smith
Absent: 2- Council Member Hunter and Council Member Lindsey-Opel
Abstained: 0
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Enactment No:031553
P. FIRST READING ORDINANCES: (ITEMS 38-471
38. First Reading Ordinance-Appropriating funds from the Recovery
on Damage Claims
Ordinance appropriating$92,437.71 from damage claims into General
Fund to purchase police vehicles; and changing Operating Budget by
increasing revenue and expenditures in the General Fund by$92,437.71.
Mayor McComb referred to Item 38.Police Chief Mike Markle stated that the
purpose of this item is to appropriate$92,437.71 from damage claims to
purchase police vehicles.A council member complimented Chief Markle for
identifying funds for the Police Department.There were no comments from the
public.
Council Member Rubio made a motion to approve the ordinance,seconded by
Council Member Molina.This Ordinance was passed on first reading and
approved with the following vote:
Aye: 7- Mayor McComb,Council Member Garza,Council Member Guajardo,
Council Member Molina,Council Member Roy, Council Member Rubio and
Council Member Smith
Absent: 2- Council Member Hunter and Council Member Lindsey-Opel
Abstained: 0
39. First Reading Ordinance-Accepting and appropriating grant
funds for Fire Department
Ordinance authorizing acceptance of$1,000 grant from NuStar Energy
L.P.; and appropriating $1,000 from NuStar Energy L.P. into Fire Grant
Fund.
Mayor McComb referred to Item 39.Fire Chief Robert Rocha stated that the
purpose of this item is to accept and appropriate a$1,000 grant from NuStar
Energy L.P.There were no comments from the Council or the public.
Council Member Molina made a motion to approve the ordinance,seconded
by Council Member Rubio.This Ordinance was passed on first reading and
approved with the following vote:
Aye: 7- Mayor McComb,Council Member Garza,Council Member Guajardo,
Council Member Molina,Council Member Roy,Council Member Rubio and
Council Member Smith
Absent: 2- Council Member Hunter and Council Member Lindsey-Opel
Abstained: 0
40. First Reading Ordinance-Amending the Women,Infant and
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Children's Nutrition Program (WIC)grant contract from the Health
and Human Services Commission
Ordinance authorizing an amendment to the Women, Infant and
Children's Nutrition Program (WIC)grant contract from the Health and
Human Services Commission.
Mayor McComb referred to Item 40.Director of Public Health Annette
Rodriguez stated that the purpose of this item is to accept a grant amendment
to the Women,Infant and Children's Nutrition Program(WIC)grant from the
Texas Department of Health and Human Services.There were no comments
from the Council or the public.
Council Member Rubio made a motion to approve the ordinance,seconded by
Council Member Lindsey-Opel.This Ordinance was passed on first reading and
approved with the following vote:
Aye: 7- Mayor McComb,Council Member Garza,Council Member Gualardo,
Council Member Lindsey-Opel,Council Member Molina,Council Member
Roy and Council Member Rubio
Absent: 2- Council Member Hunter and Council Member Smith
Abstained: 0
41. First Reading Ordinance-Construction Contract for Laguna
Shores Road Force Main Replacement(Capital Improvements
Program(CIP)
Ordinance rejecting the apparent low bid of Jhabores Construction
Company, Inc., as non-responsive and authorizing a construction contract
with Max Underground Construction, LLC of Corpus Christi, Texas as the
lowest responsive, responsible bidder in the amount of$4,425,112.50 for
the Base Bid plus Additive Alternate No. 1 and Additive Alternate No. 2
for the Laguna Shores Road Force Main Replacement project
(Wastewater CIP).
Mayor McComb referred to Item 41.Director of Engineering Services Jeff
Edmonds stated that the purpose of this item is to reject the apparent low bid
of Jhabores Construction Company,Inc.,as non-responsive,and execute a
construction contract with Max Underground Construction,LLC for the Laguna
Shores Road Force Main Replacement project.There were no comments from
the public.
Council members and staff discussed the following topics:the price difference
between the bid of Jhabores Construction Company,Inc.and Max
Underground Construction,LLC;the apparent low bidder,Jhabores
Construction Company,Inc:s failure to sign the bid and meet the requirements
of the bid documents;how bids are submitted;and the importance of
upholding the policy regarding bid documents.
Council Member Rubio made a motion to approve the ordinance,seconded by
Council Member Lindsey-Opel.This Ordinance was passed on first reading and
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approved with the following vote:
Aye: 8- Mayor McComb,Council Member Garza,Council Member Hunter,Council
Member Lindsey-Opel, Council Member Molina, Council Member Roy,
Council Member Rubio and Council Member Smith
Absent: 1 - Council Member Guajardo
Abstained: 0
42. First Reading Ordinance-Accepting and Appropriating funds and
approving Construction Contract for Corpus Christi International
Airport(CCIA) Rehabilitate Terminal Apron Phase II and East
General Aviation Phase II projects
Ordinance to accept and appropriate Airport Grant#57 in Fund 3020;
appropriate and transfer$725,805 from Fund 4612 to Fund 3018 and
authorizing a construction contract with SpawGlass Civil Construction of
Corpus Christi, Texas in the amount of$7,221,798.15 for Base Bid and
Alternates for the Corpus Christi International Airport(CCIA) Rehabilitate
Terminal Apron Phase II and East General Aviation Apron Phase Ill
projects.
Mayor McComb referred to Item 42.Director of Aviation Fred Segundo stated
that the purpose of this item is to accept and appropriate$6,532,544 in the
Airport Grant 657;appropriate and transfer$725,805 to the Airport Capital
Reserve Fund;and execute a construction contract with SpawGlass Civil
Construction for the Corpus Christi International Airport Rehabilitation Terminal
Apron Phase II and East General Aviation Apron Phase III projects.Them were
no comments from the public.
A council member asked questions regarding the life expectancy of the
runway and the design specifications.
Council Member Lindsey-Opel made a motion to approve the ordinance,
seconded by Council Member Rubio.This Ordinance was passed on first
reading and approved with the following vote:
Aye: 8- Mayor McComb,Council Member Garza,Council Member Hunter,Council
Member Lindsey-Opel, Council Member Molina,Council Member Roy,
Council Member Rubio and Council Member Smith
Absent: 1 - Council Member Guajardo
Abstained: 0
43. First Reading Ordinance-Authorizing an Airline Use and Lease
Agreement with American Airlines
Ordinance authorizing a three-year airline use and lease agreement with
American Airlines to be effective as of October 1, 2017, with one
two-year option.
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Mayor McComb referred to Item 43.Director of Aviation Fred Segundo stated
that Items 43 and 44 are related and the purpose Is to execute a three-year
airline use and lease agreement with American Airlines and Southwest
Airlines,to be effective as of October 1,2017,for airline operations.There
were no comments from the public.
A council member commented on staffs work regarding the negotiation of the
contracts to ensure the continued operation of multiple airlines at the Airport.
Council Member Garza made a motion to approve the ordinance,seconded by
Council Member Hunter.This Ordinance was passed on first reading and
approved with the following vote:
Aye: 9- Mayor McComb,Council Member Garza,Council Member Guajardo,
Council Member Hunter, Council Member Lindsey-Opel,Council Member
Molina,Council Member Roy,Council Member Rubio and Council Member
Smith
Abstained: 0
44. First Reading Ordinance-Authorizing an Airline Use and Lease
Agreement with Southwest Airlines
Ordinance authorizing a three-year airline use and lease agreement with
Southwest Airlines to be effective as October 1, 2017, with one two-year
option.
This item was discussed during Item 43.
Council Member Garza made a motion to approve the ordinance,seconded by
Council Member Hunter. This Ordinance was passed on first reading and
approved with the following vote:
Aye: 9- Mayor McComb,Council Member Garza,Council Member Gualardo,
Council Member Hunter, Council Member Lindsey-Opel,Council Member
Molina,Council Member Roy,Council Member Rubio and Council Member
Smith
Abstained: 0
Budget Related First Reading Ordinances: (ITEMS 45 -471
45. First Reading Ordinance-Amending City Code regarding utility
taps and connections
Ordinance amending City Code Sections 55-70 through 55-72 regarding
utility taps and connections.
Mayor McComb referred to Item 45,Executive Director of Public Utilities Dan
Grimsbo stated that the purpose of this item is to amend the City's Code of
Ordinances regarding water utility meter and tap fees.The presentation team
included Assistant Director of Maintenance and Lines Wes Nebgen.Mr.
Grimsbo presented the following information:the number of meters and taps
the City worked on in 2017;the current and proposed costs for meter sets;the
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current and proposed water tap fees for street cuts and easements,inside and
outside the City limits;the installation of water taps and meter sets;and the
current and proposed wastewater tap fees for street cuts and easements.
Council members and staff discussed the following topics:a breakdown of taps
and meters installed by City contractors;that installation of taps and meters for
street projects are not included in these fees;how often water taps are
contracted;feedback from the Coastal Bend Homebuilders Association
regarding the fee changes;that meter sets are installed by City personnel to
ensure that the City is receiving accurate information;that the increase is
needed to recover an estimated$400,000 of actual costs of providing service;
the current costs for utility meters and tap fees;how the City has been
supplementing the costs;if staff has considered alternative increases;the last
time the rates were changed;that the supplemental costs are being charges to
ratepayers through utility bills;the total costs of the program;the proposed
water meter set fees;the distinction between water meter sets and tap fees;
review of a policy regarding waiving fees;the number of utility customers that
are supplementing the current fees;if fee charges will be updated through the
Infor System;permitting through the Development Services Department the
breakdown of utility charges on utility bills;storm water charges;meter sets for
new subdivisions;review of the water rate structure;water tap fees inside the
city limits;consideration to postpone the effective date;that billing issues need
to be resolved immediately;and by Increasing the fees,the cost would be
removed from the water rate model.
Council Member Lindsey-Opel made a motion to approve the ordinance,
seconded by Council Member Rubio. This Ordinance failed on first reading
and was not approved with the following vote:
Aye: 2- Council Member Lindsey-Opel and Council Member Rubio
Nay: 7- Mayor McComb,Council Member Garza,Council Member Guajardo,
Council Member Hunter,Council Member Molina, Council Member Roy and
Council Member Smith
Abstained: 0
46. First Reading Ordinance-Amending City Code to increase
collection fees for Solid Waste
Ordinance amending the Corpus Christi Code of Ordinances, Chapter
21, Section 40, to increase collection fees for solid waste.
Mayor McComb referred to Item 46.Director of Solid Waste Operations
Lawrence Mikolajczyk stated that the purpose of this item is to amend the
City's Code of Ordinances to increase collection fees for solid waste.Mr.
Mikiolajczyk presented the following information:the proposed rate increase
of$2.21 to monthly residential and commercial solid waste utility accounts;a
breakdown of the fee;and the current and proposed rates.There were no
comments from the public.
Council members and staff discussed the following topics:clarification on
commercial collections;the breakdown of fees;how multi-family complexes
and other large industrial customers will share in the costs associated with the
rate changes;if the City is being equitable between residential and
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commerical customers;if tipping fees are being increased;Cefe Valenzuela
Landfill cell construction; landfill contracts;new and replacement carts;
amendments to landfill contracts;unfunded state air monitoring requirements;
when the next cell construction is expected;concern with the timing of the
increases; how the increases are factored into the operating budget;and if
there are fees/penalties associated with overflowing carts.
Council Member Lindsey-Opel made a motion to approve the ordinance,
seconded by Council Member Smith.This Ordinance was passed on first
reading and approved with the following vote:
Aye: 6- Mayor McComb,Council Member Lindsey-Opel,Council Member Molina,
Council Member Roy,Council Member Rubio and Council Member Smith
Nay: 3- Council Member Garza,Council Member Guajardo and Council Member
Hunter
Abstained: 0
47. First Reading Ordinance-Transferring funds for erosion,
drainage,and 3D modeling work for the North Beach Area
Ordinance transferring $23,000 from the City Council business accounts
in the General Fund to the Comprehensive Planning Department Budget
for Beach Erosion, Drainage, and 3D modeling work for the North Beach
area.
Mayor McComb referred to Item 07.Director of Management and Budget Eddie
Houlihan stated that the purpose of this item is to transfer$23,000 from City
Council business accounts to the Comprehensive Planning Department's
budget for beach erosion,drainage,and 30 modeling work for the North Beach
area.Mr.Houlihan stated that at the September 11,2018 City Council meeting,
City Council directed staff to identify funding sources for this work.
Council members and staff discussed the following topics:the motion of
direction approved by the City Council at the September 11,2018 Council
meeting;the legal opinion on the use of the City Council business accounts;
the members of the North Beach Task Force;staff's decision to identify the City
Council's business accounts as a funding source;the North Beach Initiative and
addressing the drainage plan for North Beach in relation to the new Harbor
Bridge Project;previous requests by council members to use their City Council
business accounts to fund other departments and outside organizations;the
total City Council business account budget;beach erosion and dredging on
North Beach;the project scope;the 3D modeling work;use of Type B funds to
address drainage issues on North Beach to stimulate economic development a
council member stated that he preferred his business account funds to be
utilized to benefit District 2;the urgency of addressing the work for the North
Beach area;and that Council Members Lindsey-Opel,Rubio,Garza,and
Hunter agreed to use the remaining funds from their City Council business
accounts to fund the work for North Beach.
Council Member Lindsey-Opel made a motion to amend the ordinance by
using the remaining business account balances of Council Members
Lindsey-Opel,Rubio,Garza,Hunter totaling$12,800,seconded by Council
Member Rubio.
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Council Member Roy made a motion to amend the motion to include Council
Member Roy's remaining City Council business account in the amount of
$3,400,totaling$16,000 to fund the work for North Beach,seconded by Council
Member Rubio.
The motion to amend was passed and approved with the following vote:
Council Members Roy,Rubio,Smith,Garza,Hunter,and Lindsey-Opel voting
"Aye";Mayor McComb and Council Members Guajardo and Molina voting"No".
Council Member Lindsey-Opel made a motion to approve the ordinance,
seconded by Council Member Rubio.This Ordinance was passed on first
reading and approved with the following vote:
Aye: 6- Council Member Garza,Council Member Hunter, Council Member
Lindsey-Opel,Council Member Roy, Council Member Rubio and Council
Member Smith
Nay: 3- Mayor McComb,Council Member Guajardo and Council Member Molina
Abstained: 0
Q. FUTURE AGENDA ITEMS: (ITEMS 48-561
Mayor McComb referred to Future Agenda Items.Interim City Manager Keith
Selman stated that staff had no planned presentations.A council member
requested information on Items 48 and 50.
48. Resolution authorizing a Service Agreement for the Purchase of
Code Enforcment Applications Software License
Resolution authorizing a five-year service agreement for the purchase of
GovQA Code Enforcement Applications Software License from WebQA,
Inc., dba GovQA, Woodridge, IL, for$75,000.
This Resolution was recommended to the consent agenda.
49. Purchase of Veterinary Medicines and Supplies for Animal Care
Services
Motion authorizing a one-year supply agreement with Patterson
Veterinary Supply, Inc. of Greeley, Colorado for the purchase of veterinary
medicines and supplies for a total amount not to exceed $380,426.15.
This Motion was recommended to the consent agenda.
50. Professional Services Contract Amendment No. 1 for Greenwood
Wastewater Treatment Plant(W WTP) Headworks&Grit Removal
Rehabilitation (Capital Improvement Program)
Motion to authorize execution of Amendment No. 1 with Urban
Engineering of Corpus Christi, Texas in the amount of$335,200 for a
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total restated fee of$380,400 for Greenwood Wastewater Treatment
Plant(W W!P) Headworks& Grit Removal Rehabilitation project.
This Motion was recommended to the consent agenda.
51. Lease-Purchase of Two Dump Trucks and One Excavator for
Street Operations
Motion authorizing the lease purchase of two 12 cubic yard dump trucks
from Houston Freightliner Inc., of Houston, Texas, and one Gradall
excavator from Waukesha-Pearce Industries, LLC of Corpus Christi,
Texas via Houston-Galveston Area Council and BuyBoard Cooperative
for a total amount of$765,824.59.
This Motion was recommended to the consent agenda.
52. Lease Purchase of Vactor Truck and Heavy Equipment for Utilities
Motion authorizing the lease purchase of one Vactor combination sewer
truck from Houston Freightliners of Houston,Texas, one 2019 Western
Star tractor from Grande Truck Center of San Antonio, Texas; and one
CPS half round end dump trailer and one 55-ton Low Boy trailer from
J&B Pavelka of Houston, Texas via Houston-Galveston Area Council for
$694,880.30.
This Motion was recommended to the consent agenda.
53. Purchase of Auto Parts for Fleet Maintenance
Motion authorizing one-year supply agreement for the purchase of
automotive parts with O'Reilly Auto Enterprises LLC, dba O'Reilly Auto
Parts of Springfield, Missouri via BuyBoard cooperative for a total
amount not to exceed $140,000.
This Motion was recommended to the consent agenda.
54. Professional Services Contract Solid Landfill Groundwater
Monitoring
Motion to authorize execution of a professional services contract with
Terracon Consultants, Inc. of Corpus Christi, Texas for the Solid Waste
Landfill Groundwater Monitoring project in the amount of$225,191 per
year with the option to administratively renew for two additional years for
a total contract price of$675,573.
This Motion was recommended to the consent agenda.
55. Meal Delivery Service for Senior Community Services and Summer
Feeding Program
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Motion authorizing a three-year service agreement with R&R Delivery
Service of Corpus Christi,Texas for meal delivery service for
$678,178.80.
This Motion was recommended to the consent agenda.
56. Supply Agreement for Purchase of Hydrofluorsilicic Acid for Water
Treatment at O. N.Stevens Water Treatment Plant
Motion authorizing a one-year supply agreement for the purchase of
hydrofluorosilicic acid from Univar USA, Inc. from Kent, Washington for
$195,750.00.
This Motion was recommended to the consent agenda.
R. BRIEFINGS: (NONE1
S. EXECUTIVE SESSION: (ITEMS 57 AND 591
Mayor McComb referred to Executive Session Items 57 and 59.The Council
went into executive session at 8:33 p.m.The Council returned from executive
session at 7:13 p.m.
57. Executive Session pursuant to Texas Government Code§551.071
and Texas Disciplinary Rules of Professional Conduct Rule 1.05 to
consult with attorneys concerning legal issues related to the City's
contracts related to waste management, handling, and disposal and state
and federal regulations related to the disposal of solid waste and/or
recycling, including but not limited to, the City's contracts with Republic
Services, BFI Waste Services of North America, Inc. and BFI Waste
Systems of Texas, LP. and related entities, force majeure provisions in
contracts involving the aforesaid companies and or services, calculation
of rates therein, and provisions related to termination thereof.
This E-Session Item was discussed in executive session.
59. Executive Session pursuant to Texas Government Code§551.071
and Texas Disciplinary Rules of Professional Conduct Rule 1.05 to
consult with attorneys concerning legal issues related to PUC Docket No.
48577, SOAH Docket No. 473-18-5092, Application of AEP Texas Inc
for Determination of System Restoration Costs and other matters
related thereto.
This E-Session Item was discussed in executive session.
T. IDENTIFY COUNCIL FUTURE AGENDA ITEMS
None.
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U. ADJOURNMENT
The meeting was adjourned at 7:14 p.m.
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