HomeMy WebLinkAboutMinutes City Council - 10/23/2018 °CUs cL
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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 October 23, 2018 which were approved by the City
Council on October 30, 2018.
WITNESSETH MY HAND AND SEAL, on this the 30th day of October 2018.
/ , .
Re:ecca Huerta
City Secretary
SEAL
SCANNED
01438,cf4 41'e 1201 Leopard Street
City of Corpus Christi Corpus Christi,TX 78401
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Meeting Minutes
City Council
Tuesday,October 23,2018 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 361-826-3211 to coordinate.
A. Mayor Joe McComb to call the meeting to order.
Mayor McComb called the meeting to order at 11:31 a.m.
B. Invocation to be given by Pastor David Bendett, Rock City Church.
Pastor David Bendett gave the invocation.
C. Pledge of Allegiance to the Flag of the United States to be led by Becky Perrin,
Assistant Director of Parks and Recreation.
Assistant Director of Parks and Recreation Becky Perrin 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 the required Charter Officers were present to conduct the
meeting.
Charter Officers:
Interim City Manager Kieth Sleman,City Attorney Miles K.Risley and City
Secretary Rebecca L.Huerta.
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Present: 9- Mayor Joe McComb,Council Member Rudy Garza,Council Member Paulette
Guajardo,Council Member Michael Hunter,Council Member Debbie
Lindsey-Opel,Council Member Ben Molina,Council Member Everett
Roy,Council Member Lucy Rubio,and Council Member Greg Smith
E. Proclamations/Commendations
1. Proclamation declaring October 23, 2018, "Indigenous Tribes of the
Coastal Bend Day".
Proclamation declaring October 25, 2018, "Celebration of Family:
Honoring 2018 Four-Star Parents".
Proclamation declaring October 2018, "National Breast Cancer
Awareness Month".
Proclamation declaring October 2018, "Neonatal Abstinence Syndrome
Awareness Month".
Proclamation declaring November 3, 2018, "Face-to-Face Walk for
Memory Day".
Mayor McComb presented the proclamations.
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.City Attorney Miles K.Risley read the Rules of Decorum for the Council
meeting.City Secretary Rebecca L.Huerta conducted the public comment
period.George Silver,Jr.,741 Wildwood,provided the City Council
information regarding water and wastewater rates.Adam Carrington,2949
River Bend,spoke in support of extending City Council term lengths and
requested that the City Council consider repurposing the old Memorial Hospital
to house the homeless,disabled veterans,or displaced citizens during
hurricane events.Wendy Herman,Executive Officer of the Coastal Bend
Homebuilders Association,5325 Yorktown,spoke regarding Agenda Item 13,
amending the City's Water Distribution System Master Plan South of Oso Creek,
and stated that the Association was not consulted regarding the amendment.
F. CITY MANAGER'S COMMENTS I UPDATE ON CITY OPERATIONS:
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Mayor McComb referred to City Manager's Comments.Interim City Manager
Keith Selman reported on the following topics:
c. OTHER
1)The City of Corpus Christi is coordinating with the City of Austin and Travis
County to deliver water to those affected by recent flooding.2)Assistant Fire
Chief Rick Trevino,Battalion Chief David Saenz,and Firefighter Kelly Maiden
traveled to Mexico Beach,Florida to assist those impacted by Hurricane
Michael.3)Municipal Court is providing open court days in Courtroom A from
8:00 a.m.to 4:00 p.m.,Monday through Friday,to assist citizens paying
warrants and citations.4)The City of Corpus Christi and the U.S.Drug
Enforcement Administration(DEA)are coordinating the National Drug Drop Off
Program which allows citizens to dispose of expired prescription medication.
The event is being held on Saturday,October 27,2018 from 10:00 a.m.to 2:00
p.m.at Fire Station 7,located at Staples and Doddridge Streets;Fire Station
13,located on Waldron Road;and Fire Station 14,located at Staples and La
Costa Streets.5)The Stormwater Department will be holding a demonstration
regarding how City crews keep storm drains clear on Friday,October 26,2018
at 10:00 a.m.at the corner of Deery Drive and Skyline Drive.6)Interim City
Manager Selman recognized the Communication Department for receiving
three national communications awards from the National City/County
Communications and Marketing Association for the City Hall in the Mall event.
a. UTILITY BILLING UPDATE
Interim City Manager Selman introduced Peter Collins,independent
information technology contractor,who is leading the team to address issues
with the City's utility billing system.Mr.Collins provided an overview of the
progress related to the utility billing system including:maintenance on the
data collection units(DCU)and meter transmission units(MTU);the new utility
bill layout and additional features;the exceptions related to no meter read;
modifications to the STAR software;and a future action to approve a service
agreement for skills and availability of equipment to address network issues.
Council members discussed the following topics:the DCUs and MTUs;the
number of meter transmission units impacted;the status regarding
improvements to no meter readings;and software upgrades.
b. STRATEGIC FUTURE ISSUES
None.
G. MINUTES:
2. Regular Meeting of October 16, 2018.
Mayor McComb referred to approval of the minutes.Council Member
Lindsey-Opel made a motion to approve the minutes,seconded by Council
Member Garza and passed unanimously.
H. BOARD& COMMITTEE APPOINTMENTS: (NONE)
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EXPLANATION OF COUNCIL ACTION:
K. CONSENT AGENDA: (ITEMS 3- 11)
Approval of the Consent Agenda
Mayor McComb referred to the Consent Agenda.A council member requested
that Item 11 be pulled for individual consideration.There were no comments
from the public.
A motion was made by Council Member Garza,seconded by Council Member
Lindsey-Opel,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
3. Water Arterial Transmission and Grid Main Construction and
Reimbursement Agreement(Requires 2/3 Vote)
Motion to amend Water Arterial Transmission and Grid Main
Construction and Reimbursement Agreement with MPM Development,
LP. to extend the performance date to October 24, 2019.
This Motion was passed on the consent agenda.
Enactment No:M2018-199
4. Service Agreement for the Purchase of Air Compressors and
Preventative Maintenance for O.N. Stevens Water Treatment Plant
(Requires 2/3 Vote)
Motion authorizing a five-year service agreement with Air Specialty and
Equipment Company of Corpus Christi, Texas for the purchase of air
compressors and preventative maintenance at O.N. Stevens Treatment
Plant for the total amount not to exceed $70,990.
This Motion was passed on the consent agenda.
Enactment No:M2018-200
5. Purchase of Fairbanks Pump for O.N. Stevens Water Treatment
Plant(Requires 2/3 Vote)
Motion authorizing the purchase of a Fairbanks pump for O. N. Stevens
Water Treatment Plant from Odessa Pumps of Corpus Christi, Texas via
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BuyBoard cooperative for a total amount not to exceed $175,313.00.
This Motion was passed on the consent agenda.
Enactment No:M2018-201
6. Master Services Agreement(MSA)for O.N. Stevens Water
Treatment Plant(ONSWTP) Electrical Distribution Improvements
(Capital Improvement Program) (Requires 2/3 Vote)
Motion to authorize execution of a Master Services Agreement(MSA)
with Bath Engineering of Corpus Christi, Texas for a period of one (1)
year in the amount of$300,000 with two (2) optional 1-year renewals in
the amount of$250,000 each for a total contract value not to exceed
$800,000 for ONSWTP Electrical Distribution Improvements.
This Motion was passed on the consent agenda.
Enactment No:M2018-202
7. Construction Contract for North Beach Area Projects (Bond 2012,
Proposition 8) (Requires 2/3 Vote)
Motion to authorize execution of a construction contract with Winters
Construction, Inc., of San Antonio, Texas in the amount of$2,001,890.68
for the Base Bid plus Alternates No. 1 and 2 for the North Beach Area
Road Improvements and Area Beautification, and North Beach
Breakwater, Plaza, North Shoreline Repair and Enhancement projects.
This Motion was passed on the consent agenda.
Enactment No: M2018-203
8. Resolution authorizing execution of the Regional Transportation
Authority (RTA) "Notification for Additional Funding in 2018"
(Requires 2/3 Vote)
Resolution authorizing execution of the"Notification for Additional
Funding in 2018 (Street Maintenance Program)" in an amount of
$2,565,883 accepting the Corpus Christi Regional Transportation
Authority's fiscal year 2018 allocation to the City's Street Preventative
Maintenance Program (SPMP) projects.
This Resolution was passed on the consent agenda.
Enactment No:031582
9. Service Agreement for Elevator and Escalator Preventive
Maintenance Program (Requires 2/3 Vote)
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Motion authorizing a five-year service agreement with EMR Elevator of
Arlington, Texas, for elevator, escalator, dumbwaiter and wheelchair lift
preventive maintenance program and preexisting repairs, via BuyBoard
cooperative for a total amount not to exceed $517,598.24.
This Motion was passed on the consent agenda.
Enactment No:M2018-204
10. Service Agreement for the replacement of the City warehouse roof
(Requires 2/3 Vote)
Motion authorizing a service agreement with South Texas Metal Roof, of
Corpus Christi, Texas, for the replacement of the City warehouse roof for
a total amount not to exceed $142,500.00.
This Motion was passed on the consent agenda.
Enactment No:M2018-205
11. Approval of the 2018 Tax Levy
Motion approving the 2018 Property Tax Levy of$126,930,210.19 based
on the adopted property tax rate of$0.626264 per$100 valuation, in
accordance with Section 26.09 (e) of the Texas Tax Code.
Mayor McComb referred to Item 11,approval of the 2018 Property Tax Levy.A
council member stated his reasons for not supporting this item.
Mayor McComb made a motion to approve the motion,seconded by Council
Member Lindsey-Opel.This Motion was passed 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:M2018-206
M. PUBLIC HEARINGS: (ITEMS 12-13)
12. Public Hearing and First Reading Ordinance- Rezoning for a
Property located at or near 15621 and 15625 South Padre Island
Drive(Requires 2/3 Vote)
Case No. 0918-02 Rakesh Patel: Request for rezoning property at or
near 15621 and 15625 South Padre Island Drive from "CR-2/10" Resort
Commercial District with the Island Overlay to the"IL" Light Industrial
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District.
Planning Commission and Staff Recommendation (September 19,
2018):
Denial of the change of zoning from the"CR-2/IO" Resort Commercial
District with the Island Overlay to the"IL" Light Industrial District, in lieu
thereof:
Ordinance rezoning property at or near 15621 and 15625 South Padre
Island Drive from "CR-2/10" Resort Commercial District with the Island
Overlay to the"CR-2/10/SP" Resort Commercial District with the Island
Overlay and a Special Permit.
Mayor McComb referred to Item 12.Director of Development Services Nina
Nixon-Mendez stated that the purpose of this item is to rezoning the subject
property to allow for the operation of a landscaping business,including
outdoor storage.Ms.Nixon-Mendez stated that the Planning Commission and
staff recommend denial of the"IL"Light Industrial District,and in lieu thereof,
approval of the"CR-2/IO/SP"Resort Commercial District with the Island
Overlay and a Special Permit.
Mayor McComb opened the public hearing.Council members spoke regarding
the following topics:notices returned in opposition to the zoning change;
landscaping operations at the subject property;review of the zoning districts to
address special uses;screening requirements;and materials that will be stored
at the property.Javier Garcia,15105 Dasmarinas Drive,owner,addressed
questions regarding the proposed screening and materials to be stored at the
property.Mayor McComb closed the public hearing.
Council Member Rubio 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: 8- Mayor McComb, Council Member Garza, Council Member Guajardo,
Council Member Hunter,Council Member Lindsey-Opel, Council Member
Roy, Council Member Rubio and Council Member Smith
Absent: 1 - Council Member Molina
Abstained: 0
13. Public Hearing and First Reading Ordinance-Amending City Code
for Water Master Plan Amendment-South of Oso Creek
Ordinance amending the City of Corpus Christi Comprehensive Plan by
amending the City's Water Distribution System Master Water Plan South
of Oso Creek.
Mayor McComb referred to Item 13.Executive Director of Water Utilities Dan
Grimsbo stated that the purpose of this item is to amend the City's Water
Distribution System Master Water Plan South of Oso Creek.The presentation
included:Major Engineer Gabriel Hinojosa and Director of Planning and ESI
Daniel McGinn.Mr.Grimsbo presented the following information:a map of the
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subject property;the existing 1997 master plan;the proposed water master
plan;the proposed amendments;objectives to be achieved;and the
implementation funding sources.
Council members and the presentation team discussed the following topics:
adequate pressure and flows;transmission capacity;water service south of FM
43 and the diameter of the water line;if an additional water tower is proposed
for the area;the wastewater master plan for the London area;concern from a
council member regarding the City's long-term viability and land use
projections;the water tower on Holly Road;and the purpose of the elevated
storage tanks.
Mayor McComb opened the public hearing.There were no comments from the
public.Mayor McComb closed the public hearing.
Council Member Garza 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: 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
N. REGULAR AGENDA: (NONE)
O. FIRST READING ORDINANCES: (ITEMS 14-15)
14. First Reading Ordinance-Accepting and appropriating the 2018
Edward Byrne Memorial Justice Assistance Grant(JAG) Program
grant(Requires 2/3 Vote)
Ordinance authorizing acceptance of grant from U. S. Department of
Justice, Bureau of Justice Assistance, in amount of$178,821 for FY
2018 Edward Byrne Memorial Justice Assistance Grant Program; and
appropriating$178,821 in Police Grants Fund to fund enhancement of
law enforcement efforts with $82,042 of funds distributed to Nueces
County and $14,736 of funds distributed to City of Robstown.
Mayor McComb referred to Item 14.Police Chief Mike Markle stated that the
purpose of this item is to accept and appropriate the 2018 Edward Byrne
Memorial Justice Assistant Grant(JAG)program grant.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:
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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
15. First Reading Ordinance-Lease Agreement for Lake Corpus
Christi Campground (28 Day Delay Required) (Requires 2/3 Vote)
Ordinance authorizing a fifteen-year lease agreement with Kamping
Pleasures, Inc. for 40 acres out of the Mary B. Kelvin survey in Live Oak
County, on the North side of Lake Corpus Christi, in consideration of
quarterly rent of$5,000 or 8% of gross sales, whichever is greater, to
operate a campground; with option to extend for up to an additional
ten-year term.
Mayor McComb referred to Item 15.Executive Director of Utilities Dan Grimsbo
stated that the purpose of this item is to authorize a fifteen-year lease with
Kamping Pleasures,Inc.for 40 acres on the northside of Lake Corpus Christi
with a quarterly rent of$5,000 or 8%of gross sales,whichever is greater,with
an option to extend for an aditional ten-year term.
Council members spoke regarding the following topics:the Charter
requirement regarding the 28-day delay for leases that exceed five years;the
terms of the agreement;lake levels at Lake Corpus Christi and Choke Canyon;
and if this facility is the the old KOA,a franchise campground.
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: 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
P. FUTURE AGENDA ITEMS: (ITEMS 16 -18)
Mayor McComb referred to Future Agenda Items.Interim City Manager Keith
Selman stated that staff did not have any planned presentations.A council
member requested information on Item 16.
16. Master Services Agreement for Subsurface Utility Engineering
(SUE) Services (Capital Improvement Project) (Requires 2/3 Vote)
Motion to authorize execution of a Master Services Agreement with
Cobb, Fendley &Associates, Inc., of Corpus Christi, Texas for a period
of 1 year in the amount of$300,000 with one optional 1-year renewal to
be administratively awarded for a total contract cost of$600,000 for
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Subsurface Utility Engineering (SUE) Services project.
This Motion was recommended to the consent agenda.
17. Professional Services Contract Amendment No. 1 for Seawall
Capital Repairs (CIP -Type A) (Requires 2/3 Vote)
Motion to authorize execution of Amendment No. 1 to a professional
services contract with Munoz Engineering of Corpus Christi, Texas in the
amount of$91,213 for a total restated fee of$108,493 for the Seawall
Capital Repairs project.
This Motion was recommended to the consent agenda.
18. Purchase of Uniforms for the Gas Department(Requires 2/3 Vote)
Motion authorizing the purchase of uniforms for the Gas Department with
Cintas Corporation from Corpus Christi, Texas, via U.S. Communities
cooperative, for a total amount not to exceed $122,795.50.
This Motion was recommended to the consent agenda.
Q. BRIEFINGS: (NONE)
R. EXECUTIVE SESSION: (ITEMS 19-20)
Mayor McComb referred to the day's executive sessions.The Council went into
executive session at 1:13 p.m.The Council returned from executive session at
2:01 p.m.
19. Executive Session pursuant to Texas Government Code§ 551.071
and Texas Disciplinary Rules of Professional Conduct Rule 1.05 to
consult with attorneys concerning potential settlement of claims on behalf
of and/or against City involving SpawGlass Civil Construction, Inc.,
Harvey Cleary Builders, Inc., FDL-CC, LLC, and related entities involved
in the malfunction of a fire suppression system on or about June 15, 2017
and the necessitated removal of soil and/or subgrade affected by
introduction of fire suppressant into adjacent areas of construction.
Mayor McComb referred to Item 19 and the following ordinance was
considered:
Ordinance authorizing the City Manager to execute a Settlement and Release
Agreement with FDL-CC,L.L.C.,Harvey Cleary Builders and SpawGlass Civil
Construction,Inc.related to the fire suppression foam spill on the City's
Taxiway K Project;amending the FY 2019 Operating Budget;and appropriating
certain funds into Airport Fund No.4610;and authorizing a payment of$312,500
to SpawGlass Civil Construction,Inc.as provided in the Settlement and
Release Agreement.
Council Member Lindsey-Opel made a motion to approve the ordinance,
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seconded by Council Member Hunter.This Ordinance was passed on first
reading and approved with the following vote:
Aye: 8- Mayor McComb,Council Member Garza,Council Member Guajardo,
Council Member Hunter,Council Member Lindsey-Opel, Council Member
Roy,Council Member Rubio and Council Member Smith
Absent: 1 - Council Member Molina
Abstained: 0
Enactment No:031583
20. 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 Texas
Utilities Code, utility billing regulations, policies, and practices, the
regulation of and charges associated with biochemical oxygen demand,
total suspended solids, and other wastewater components, and other
matters related to the provision of water services, including, but not
limited to, issues related to Kane Beef, and agreements related to the
aforementioned matters.
This E-Session Item was discussed in executive session.
L. RECESS FOR LUNCH
The recess for lunch was held during executive session.
S. IDENTIFY COUNCIL FUTURE AGENDA ITEMS
Mayor McComb referred to Identify Council Future Agenda Items.The
following items were identified:an update on the listing for the property
located on Ennis Joslin and requesting that the City include Texas A&M
University-Corpus Christi on the list;an update on the City's drone program,
both submerged and aerial;and a comprehensive review of any and all
ordinances that define or allow bars,taverns,dens,and lounges in residental
areas,commercial areas,and business districts,a map identifying these
zoning districts,and clarification regarding a bar versus a restaurant.
T. ADJOURNMENT
The meeting was adjourned at 2:07 p.m.
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