HomeMy WebLinkAboutMinutes City Council - 03/08/2011MINUTES
CITY OF CORPUS CHRISTI, TEXAS
Regular Council Meeting
March 8, 2011 - 12:00 p.m.
PRESENT
Mayor Joe Adame
Mayor Pro Tem Nelda Martinez
Council Members: City Staff:
Chris Adler Interim City Manager Margie Rose
Larry Elizondo, Sr. City Attorney Carlos Valdez
Kevin Kieschnick City Secretary Armando Chapa
Priscilla Leal
John Marez
Mark Scott
Linda Strong
Mayor Adame called the meeting to order in the Council Chambers of City Hall.
The invocation was delivered by Chaplain Lynne Blackler with Christus Spohn Health
System and the Pledge of Allegiance to the United States flag was led by Council Member Marez.
City Secretary Chapa called the roll and verified that the necessary quorum of the Council
and the required charter officers were present to conduct the meeting.
MayorAdame called for approval of the minutes of the special meeting of February 19, 2011
and regular Council meeting of February 22, 2011. City Secretary Chapa announced that an
amendment would need to be made to the February 22, 2011 minutes to correctly reflect Mr.
Kieschnick vote of "No" on Item 16 regarding the first reading of the capital budget and capital
improvement planning guide. A motion was made and passed to approve the minutes as amended.
* * * * * * * * * * * *
Mayor Adame referred to Item 2 and the following board appointment was made:
Food Service Advisory Committee
Carlos R. Moreno (Appointed)
* * * * * * * * * * * *
MayorAdame called for consideration of the consent agenda (Items 3 - 17). There were no
comments from the public. Council members requested that Items 3, 10, 11, and 16 be pulled for
individual consideration. City Secretary Chapa polled the Council for their votes as follows:
4. MOTION NO. 2011-056
Motion approving supply agreements with the following companies for the following amounts
in accordance with the Coastal Bend Council of Governments Bid Invitation No. CBCOG-11-
1 for food items which include canned and frozen fruit and vegetables, meats and
condiments for an estimated six month expenditure of $127,232.75. The terms of the
contracts shall be for six months with options to extend for up to three additional months,
subject to the approval of the Coastal Bend Council of Governments, the suppliers, and the
City Manager or designee. Funds are available through the Meals on Wheels and Elderly
Nutrition Grants.
INDEXED
Minutes — Regular Council Meeting
March 8, 2011 — Page 2
LaBatt Food Service
Corpus Christi, Texas
94 Line Items
$70,388.37
Performance Food Group
Victoria, Texas
89 Line Items
$56,844.38
Grand Total: $127,232.75
The foregoing motion was passed and approved with the following vote: Adame, Adler,
Elizondo, Kieschnick, Leal, Marez, Martinez, Scott, and Strong, voting "Aye".
5. RESOLUTION NO. 028974
Resolution authorizing the submission of a grant application in the amount of $78,527.36 to
the State of Texas, Criminal Justice Division for funding available under the Victims of Crime
Act (VOCA) Fund for the Police Department's Family Violence Unit, with a City match of
$16,711.48, and $4,000 in-kind services, for a total project cost of $99,238.84 and
authorizing the City Manager or designee to apply for, accept, reject, alter or terminate the
grant.
The foregoing resolution was passed and approved with the following vote: Adame, Adler,
Elizondo, Kieschnick, Leal, Marez, Martinez, Scott, and Strong, voting "Aye".
6. RESOLUTION NO. 028975
Resolution authorizing the submission of a grant application in the amount of $100,964.38 to
the State of Texas, Criminal Justice Division for funding available under the Violence Against
Women Act (VAWA) Fund for the Police Department's Family Violence Unit with a City
match of $40,906.69, and $7,200 in-kind services, for a total project cost of $149,071.07 and
authorizing the City Manager or designee to apply for, accept, reject, alter or terminate the
grant.
The foregoing resolution was passed and approved with the following vote: Adame, Adler,
Elizondo, Kieschnick, Leal, Marez, Martinez, Scott, and Strong, voting "Aye".
7.a. ORDINANCE NO. 028976
Ordinance approving the assignment of a Farm Lease Agreement at the Airport with Pat
McDonough, Jr. to Matt Danysh authorizing the City Manager or designee to execute the
assignment and assumption agreement between all parties.
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Marez, Martinez, Scott, and
Strong, voting "Aye".
7.b. ORDINANCE NO. 028977
Ordinance authorizing the City Manager or designee to ratify an amendment to the Farm
Lease Agreement with Matt Danysh, regarding types of permissible crops and to revise the
rental payments from $55 per acre to $27.50 per acre plus 25% of gross receipts on
harvested crops.
Minutes -- Regular Council Meeting
March 8, 2011 — Page 3
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Marez, Martinez, Scott, and
Strong, voting "Aye".
8. ORDINANCE NO. 028978
Ordinance authorizing the City Manager or designee to execute an amendment to the Airport
In -Terminal Advertising Concession Agreement with In -Ter -Space Services, Inc., d/b/a Clear
Channel Interspace Airports ("Concessionaire") to amend definition of gross receipts to
exclude Concessionaire's printing and other brochure costs and include amounts paid by
third -party advertisers for brochure production and distribution within the airport terminal;
ratifying effective date of January 1, 2011.
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Marez, Martinez, Scott, and
Strong, voting "Aye".
9.a. RESOLUTION NO. 028979
Resolution authorizing the City Manager or designee to accept a cash donation in the
amount of $10,869.57 from the Vera Searcy McGonigle Estate for the support of the Corpus
Christi Museum of Science and History.
The foregoing resolution was passed and approved with the following vote: Adame, Adler,
Elizondo, Kieschnick, Leal, Marez, Martinez, Scott, and Strong, voting "Aye".
9.b. ORDINANCE NO. 028980
Ordinance appropriating $10,869.57 from the Vera Searcy McGonigle Estate into the No.
1020 General Fund for the support of the Corpus Christi Museum of Science and History;
changing the FY 2010-2011 Operating Budget adopted by Ordinance No. 028683 to
increase revenues and expenditures by $10,869.57 each.
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Marez, Martinez, Scott, and
Strong, voting "Aye".
12.a. ORDINANCE NO. 028982
Ordinance abandoning and vacating a 10,541.52 -square foot portion (0.242 acre) of an
existing 15 -foot wide utility easement out of Lexington Industrial Center, crossing a portion of
Lots 23 and 30, located south of the South Padre Island Drive (SH 358), state right-of-way;
requiring the Owner, Wal-Mart Stores Texas, L.P., to comply with the specified conditions.
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Adler, Elizondo, Kieschnick, Leal, Marez, Martinez, Scott, and Strong,
voting "Aye"; Adame abstained.
12.b. ORDINANCE NO. 028983
Ordinance abandoning and vacating a 10,715.76 -square foot portion (0.246 acre) of an
existing 10 -foot wide utility easement out of Lexington Industrial Center, crossing a portion of
Lots 19, 23, and 30, located south of the South Padre Island Drive (SH 358), state right-of-
Minutes — Regular Council Meeting
March 8, 2011 — Page 4
way; requiring the Owner of Lot 19, Wal-Mart Real Estate Business Trust and the Owner of
Lots 23 and 30, Wal-Mart Stores Texas, L.P., to comply with the specified conditions.
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Adler, Elizondo, Kieschnick, Leal, Marez, Martinez, Scott, and Strong,
voting "Aye"; Adame abstained.
12.c. ORDINANCE NO. 028984
Ordinance abandoning and vacating a 9,757.44 -square foot portion (0.224 acre) of an
existing 7.5 foot wide utility easement out of Lexington Industrial Center, crossing a portion
of Lots 23 and 30, and lying 7.5 feet from the west property line of Lot 23, located south of
the South Padre Island Drive (SH 358) state right-of-way; requiring the Owner, Wal-Mart
Stores Texas, L.P., to comply with the specified conditions.
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Adler, Elizondo, Kieschnick, Leal, Marez, Martinez, Scott, and Strong,
voting "Aye"; Adame abstained.
12.d. ORDINANCE NO. 028985
Ordinance abandoning and vacating a 6,098.40 -square foot (0.140 acre) being all of an
existing 7.5 -foot wide utility easement out of Lexington Industrial Center, crossing a portion
of, and abutting the west property line of, Lot 23, located south of the South Padre Island
Drive (SH 358), state right-of-way; requiring the owner, Wal-Mart Stores Texas, L.P., to
comply with the specified conditions.
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Adler, Elizondo, Kieschnick, Leal, Marez, Martinez, Scott, and Strong,
voting "Aye"; Adame abstained.
12.e. ORDINANCE NO. 028986
Ordinance abandoning and vacating a 8,276.40 -square foot parcel, (0.190 acre), being all of
an existing 10 -foot wide access easement, and a 400 -square foot parcel, being all of an
existing 20 X 20 foot wide utility easement, both out of Lexington Industrial Center, crossing
a portion of, and abutting the east property line of Lot 19, located south of the South Padre
Island Drive (SH 358) state right-of-way; requiring the Owner, Wal-Mart Real Estate
Business Trust, to comply with the specified conditions.
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Adler, Elizondo, Kieschnick, Leal, Marez, Martinez, Scott, and Strong,
voting "Aye"; Adame abstained.
12.f. ORDINANCE NO. 028987
Ordinance abandoning and vacating a 5,357.88 -square foot portion (0.123 acre) of an
existing 5 -foot wide water line easement out of Lexington Industrial Center, crossing a
portion of Lots 19, 23, and 30, located south of the South Padre Island Drive (SH 358), state
right-of-way; requiring the Owner of Lot 19, Wal-Mart Real Estate Business Trust and the
Owner of Lots 23 and 30, Wal-Mart Stores Texas, L.P., to comply with the specified
conditions.
Minutes — Regular Council Meeting
March 8, 2011 — Page 5
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Adler, Elizondo, Kieschnick, Leal, Marez, Martinez, Scott, and Strong,
voting "Aye"; Adame abstained.
12.g. ORDINANCE NO. 028988
Ordinance abandoning and vacating a 958.32 -square foot portion (0.022 acre) of an existing
15 -foot wide utility easement out of Lexington Industrial Center, crossing a portion of, and
abutting a portion of the west property line of, Lot 26R, located south of the South Padre
Island Drive (SH 358), state right-of-way; requiring the Owner, Wal-Mart Real Estate
Business Trust, to comply with the specified conditions.
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Adler, Elizondo, Kieschnick, Leal, Marez, Martinez, Scott, and Strong,
voting "Aye"; Adame abstained.
12.h. ORDINANCE NO. 028989
Ordinance abandoning and vacating a 10,105.92 -square foot portion (0.232 acre) of an
existing 7.5 -foot wide utility easement out of Lexington Industrial Center, being a portion of
Lots 23, 24, 25, 26R and 30 located south of the South Padre Island Drive (SH 358) state
right-of-way; requiring the Owner of Lots 24, 25 and 26R, Wal-Mart Real Estate Business
Trust and the Owner of Lots 23 and 30, Wal-Mart Stores Texas, L.P., to comply with the
specified conditions.
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Adler, Elizondo, Kieschnick, Leal, Marez, Martinez, Scott, and Strong,
voting "Aye"; Adame abstained.
13. ORDINANCE NO. 028990
Ordinance authorizing the City Manager or designee to execute an amendment to the MMD
Communications agreement regarding the 2011 Boat Show event at Peoples Street T -Head,
to amend term from ten days to eight days (April 4 through April 11, 2011) and rent fees from
$30,000 to $18,000.
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Marez, Martinez, Scott, and
Strong, voting "Aye".
14. MOTION NO. 2011-058
Motion approving the temporary street closures of the Peoples Street T -head and the
northbound lanes of Shoreline Boulevard (including the medians) from the north curb line of
Schatz& Street to the south right-of-way of Taylor Street, beginning at 6:00 a.m. on Monday,
April 4, 2011 and ending at 5:00 p.m. on Monday, April 11, 2011, for the Texas International
Boat Show, pending the applicant MMD Communications' timely submittal, and the City's
receipt, of the required Certificate of Insurance.
The foregoing motion was passed and approved with the following vote: Adame, Adler,
Elizondo, Kieschnick, Leal, Marez, Martinez, Scott, and Strong, voting "Aye".
Minutes -- Regular Council Meeting
March 8, 2011 -- Page 6
15. FIRST READING ORDINANCE
First Reading Ordinance -Amending Section 53-255 of the Code of Ordinances to decrease
the speed limit on Whitecap Boulevard between Park Road 22 and Windward Drive, from 40
mph to 35 mph at all times, providing for penalties; and providing for publication.
The foregoing ordinance was passed and approved on its first reading with the following
vote: Adame, Adler, Elizondo, Kieschnick, Leal, Marez, Martinez, Scott, and Strong, voting
'Aye'
17.a. FIRST READING ORDINANCE
Amending Section 53-254 of the Code of Ordinances to adjust the boundary of the 35 mph
speed limit zone on North and South Shoreline Boulevard to be from Craig Street to Power
Street, 35 MPH at all times, providing for penalties; and providing for publication.
The foregoing ordinance was passed and approved on its first reading with the following
vote: Adame, Adler, Elizondo, Kieschnick, Leal, Marez, Martinez, Scott, and Strong, voting
"Aye".
17.b. FIRST READING ORDINANCE
Amending Section 53-255 of the Code of Ordinances to decrease the speed limit on
Shoreline Boulevard from Power Street to the end of the roadway fronting the Art Museum of
South Texas; from 35 MPH to 20 MPH at all times, providing for penalties; and providing for
publication.
The foregoing ordinance was passed and approved on its first reading with the following
vote: Adame, Adler, Elizondo, Kieschnick, Leal, Marez, Martinez, Scott, and Strong, voting
"Aye".
Mayor Adame opened discussion on Item 3 regarding the lease purchase of Solid Waste
trucks. Council Member Leal asked questions regarding the actual interest rate being determined
after acceptance of the equipment. Assistant Director of Financial Services Michael Barrera
explained that the equipment will be received in June and the interest rate will be determined at that
time. In response to Ms. Leal, Mr. Barrera stated that the amount budgeted for this fiscal year is for
one month. Council Member Elizondo spoke regarding discussions of reducing bulk trash pickup
and asked whether the replacement purchase of these trucks was necessary. Director of Solid
Waste Operations Lawrence Mikolajczyk stated that the replacement of the trucks is necessary.
City Secretary Chapa polled the Council for their votes as follows:
3. MOTION NO. 2011-055
Motion approving the lease purchase of two (2) side loading refuse trucks, one (1) rear steer
brush truck and one (1) self loader brush truck from the following companies for the following
amounts for a total amount of $927,901.65 of which $16,673.18 is funded in FY 2010-2011.
The award is based on the cooperative purchasing agreement with the Texas Local
Government Purchasing Cooperative (TLGPC). All units are replacements to the fleet and
will be used by the Solid Waste Department. Financing for the equipment will be provided
through the City's lease -purchase financing program.
Minutes — Regular Council Meeting
March 8, 2011 — Page 7
Rush Truck Centers of Texas, LP
Buda, Texas
Line Item 1
2 -side loading refuse trucks
$660,432.00
Southwest International Trucks, Inc.
Arlington, Texas
Line Items 2 & 3
1 rear steer brush truck & 1 self loader brush truck
$267,469.65
Grand Total: $927,901.65
The foregoing motion was passed and approved with the following vote: Adame, Adler,
Elizondo, Kieschnick, Marez, Martinez, Scott, and Strong, voting "Aye"; Leal voting "No".
Mayor Adame opened discussion on Item 10 regarding the nomination of Flint Hills
Resources LP for designation as a Double Jumbo Retained Job Enterprise Project. Council Member
Martinez stated that Flint Hills was approved for designation of a triple jumbo designation and was
informed that the project is only eligible for a double jumbo designation due to the number of
employees. Ms. Martinez asked whether the City could still take advantage of the new slot. Mike
Culbertson, Corpus Christi Regional Economic Development Corporation, reported that the City
would not be able to take advantage of the slot in the Texas Enterprise Zone. Council Member Scott
thanked Flint Hills for their investment in the City with an estimated capital expenditure of $250
million. City Secretary Chapa polled the Council for their votes as follows:
10. RESOLUTION NO. 028981
Resolution nominating Flint Hills Resources, LP, to the Office of the Governor Economic
Development & Tourism, through the Economic Development Bank, for designation as a
double jumbo enterprise project, under the Texas Enterprise Zone Program under the Texas
Enterprise Zone Act, Chapter 2303, Texas Government Code.
The foregoing resolution was passed and approved with the following vote: Adame, Adler,
Elizondo, Kieschnick, Leal, Marez, Martinez, Scott, and Strong, voting "Aye".
MayorAdame opened discussion on Item 11 regarding the rehabilitation of the City/County
Health Department Facility. Council Member Martinez expressed concern regarding administrative
action on large projects and stated that she would hold her comments until Item 23. City Secretary
Chapa polled the Council for their votes as follows:
11. MOTION NO.2011-057
Motion authorizing the City Manager or designee to execute a Construction Contract with
Malek, Inc., of Corpus Christi, Texas, in the amount of $635,220 for the City/County Health
Department Facility Rehabilitation for the Total Base Bid. (BOND ISSUE 2008) (Re -Bid)
The foregoing motion was passed and approved with the following vote: Adame, Adler,
Elizondo, Kieschnick, Leal, Marez, Martinez, Scott, and Strong, voting "Aye".
Mayor Adame opened discussion on Item 16 regarding speed limit changes on Yorktown
Boulevard. Charlie Cardenas, Traffic Engineer, explained that the City received several requests to
investigate the traffic speed at Yorktown Boulevard from Weber Road to Everhart Road. Mr.
Cardenas reported that the investigation included reviewing the accident history; the type of speeds
on Yorktown; roadway classification and other factors to regulate and enhance the traffic flow. Mr.
Cardenas added that the 85th percentile traffic study indicated that the traffic travel was above 45
mph. Mr. Cardenas stated that staff is recommending 40 mph to be a safe speed and this
Minutes — Regular Council Meeting
March 8, 2011 — Page 8
recommendation was supported by the Traffic Advisory Committee (TAC). Mr. Cardenas introduced
Curtis Rock, Chairman of the TAC, who was available to respond to questions.
Council Member Elizondo stated that he and his constituents are very concerned with the
increase in speed on Yorktown and encouraged the Council to deny staffs recommendation.
Council Member Scott thanked Mr. Cardenas for his work; however, stated that he would not
support the recommendation. Council Member Leal expressed concern for the safety of the
residents and pedestrians in the area. Council Member Martinez also spoke in opposition to the
recommendation.
Mayor Adame called for comments from the audience. Bill Moreland; Hal George, 4505 Lake
Charles Drive; Abel Alonzo, 1701 Thames, and Gerald Benadum spoke in opposition to the speed
limit changes.
City Secretary Chapa polled the Council for their work was follows:
16. FAILED
---- = e - - --.. -
the speed limit on Yorktown Boulevard between Weber Road and Everhart Road from 35
. - - - - -
The foregoing ordinance failed on its first reading with the following vote: Adame, Adler,
Elizondo, Kieschnick, Leal, Marez, Martinez, Scott, and Strong, voting "No".
*************
Mayor Adame opened discussion on Item 21 regarding a resolution honoring Angel R.
Escobar. Each Council Member read a section of the resolution honoring Mr. Escobar and declaring
March 8, 2011 as Angel R. Escobar Day.
Mr. Escobar thanked the Council for this honor and his family and friends for being present
today. There were no comments from the audience. City Secretary Chapa polled the Council for
their votes as follows:
21. RESOLUTION NO. 028992
Resolution honoring Angel R. Escobar.
The foregoing resolution was passed and approved with the following vote: Adame, Adler,
Elizondo, Kieschnick, Leal, Marez, Martinez, Scott, and Strong, voting "Aye".
*************
Mayor Adame announced the executive sessions, which were listed on the agenda as
follows:
18. Executive Session pursuant to Texas Government Code Section 551.071 regarding City of
Corpus Christi, Texas vs. Friends of the Coliseum et al, Cause No. 2010 -DCV -6004-E, in the
148th District Court of Nueces County, with possible discussion and action in open session.
19. Executive session pursuant to Texas Government Code Section 551.074 (a) to deliberate
the appointment of a City Manager with possible discussion and action in open session.
Minutes -- Regular Council Meeting
March 8, 2011 — Page 9
The Council went into executive session. The Council returned from executive session.
Mayor Adame announced that no action would be taken in open session on Item 18.
Ms. Strong made a motion appointing Ronald L. Olson to position of City Manager of the City
of Corpus Christi contingent upon a mutually acceptable employment contract to be negotiated by
the Mayor and Council Members Larry Elizondo and Nelda Martinez and approved by the City
Council. The motion was seconded by Mr. Kieschnick.
Council Member Leal expressed her support for Mr. Floyd Johnson as being the person with
the most experience with coastal disasters; operating budgets; unifying communities; and working
with universities. Ms. Leal stated that for these reasons, she would be voting "No" on the motion.
Council Member Strong stated that Slavin Management provided an incredible slate of candidates
and the Council is fortunate to make today's choice from those candidates. Ms. Strong stated that
Mr. Olson has incredible experience and a driving passion to work in the Council/Manager form of
government. Council Member Scott congratulated Slavin for their process and complimented the
Council for working together. Mr. Scott stated that he was impressed with Mr. Olson's management
competition experience, budget experience, financial background, and strong leadership credentials.
Council Member Elizondo thanked Slavin for their outstanding job in the process and stated
that Mr. Olson understands the mission of the City and will help navigate the City through this tough
economical situation. Council Member Marez thanked both finalist and the Mayor for his leadership
in the process. Mr. Marez supported Mr. Olson based on his leadership and pasted experience.
Council Member Martinez stated that she was very impressed with Mr. Johnson; however, is
supporting Mr. Olson based on his fiscal accountability. Council Member Adler stated that both
candidates had strong qualifications and skills and she feels that Mr. Olson will lead the City though
the challenges ahead. Council Member Kieschnick stated that the consultants did a great job and
the decision today was very difficult. Mr. Kieschnick added that he would be supporting Mr. Olson
based on his experience with consolidation and restructuring efforts. MayorAdame thanked his staff
and Human Resources for assisting him with the process and stated that he is confident Mr. Olson
is the right man for the City.
City Secretary Chapa polled the Council for their votes as follows:
19. MOTION NO. 2011-059
Motion appointing Ronald L. Olson to position of City Manager of the City of Corpus Christi
contingent upon a mutually acceptable employment contract to be negotiated by the Mayor
and Council Members Larry Elizondo and Nelda Martinez and approved by the City Council.
The foregoing motion was passed and approved with the following vote: Adame, Adler,
Elizondo, Kieschnick, Marez, Martinez, Scott, and Strong, voting "Aye"; Leal voting "No".
* * * * * * * * * * * *
Mayor Adame referred to Item 26 regarding an update on the Texas Commission on
Environmental Quality (TCEQ) and the Agency for Toxic Substance and Disease Registry (ATSDR)
Field Testing in Hillcrest/Dona Park Area. Dr. James Mobley, Chair of the Regional Health
Awareness Board, provided the conclusions of the investigation from the ATSDR including a
background; monitoring process; and comparison of national benzene levels. Dr. Mobley reported
that there is no evidence of elevated benzene levels or other contaminates except for those
exposed to cigarette smoke. Omar Valdez, Project Manager TCEQ, provided a brief update on the
environmental investigation in Hillcrest on soil gas; ground water; and subsurface soils. Mr. Valdez
Minutes — Regular Council Meeting
March 8, 2011 — Page 10
stated that to date, the TCEQ has not found any levels of chemicals of concern that constitute
exposure. Mr. Valdez explained that ground water will be tested in April. Mr. Valdez added that there
are concerns about metals in Dona Park and the TCEQ conducted a pilot study of that area. Mr.
Valdez reported that out of 118 units in the pilot study, only three (3) did exceed the limits and those
areas will be cleaned. Mr. Valdez also stated that no demolition has occurred.
The following topics pertaining to this item were discussed: the number of monitoring wells
and air monitors; the number of homes tested and the number of homes with exceeded limits; state
of the art equipment for real time data; the next steps; demolition; process and notification to the
neighborhood; and explanation of the chemical clean up process.
* * * * * * * * * * * *
Mayor Adame opened discussion on Item 24 regarding policies to govern the adoption of the
City's Capital Improvement Plan (CIP) and use of the commercial paper program. Mr. Martinez
referred to a powerpoint presentation on the components of the policy including replacement of the
commercial paper program; approval of utility CIP coinciding with the operating budget; long term
capital project strategies, funding of utility costs associated with general obligation projects; use of
the capital reserve fund; staff responsibility for management of CIP; review of storm water capital
projects and burden of projects on water rates; review of utility rate model; review of CIP undertaken
by financial advisor; and recommendations included in CIP adopted this year.
The following topics pertaining to this item were discussed: utility costs associated with
general obligation bond projects; approval of the utility CIP with the operating budget; value
engineering projects; assessment of utility lines and replacement; standard contingency rate on
projects; and replacement of clay pipes.
Mayor Adame called for comments from audience. J.E. O'Brien, 4130 Pompano, spoke
regarding the increase in utility rates every year and the use of commercial paper. Mr. O'Brien
requested that the Council postpone adopting the CIP for this year. Abel Alonzo, 1701 Thames,
spoke regarding staff providing information on the CIP to the Council and the public in a timely
manner.
Mr. Scott made a motion to amend Section 1.c. to add the language including "but not limited
to value engineering". The motion was seconded by Mr. Kieschnick.
The foregoing motion was passed and approved with the following vote: Adame, Adler,
Elizondo, Kieschnick, Leal, Marez, Martinez, Scott, and Strong, voting "Aye".
City Secretary Chapa polled the Council for their votes as follows:
24. RESOLUTION NO. 028994
Resolution initiating the City Council's review and implementation of revised policies to
govern the adoption of the City's Capital Improvement Plan and use of the commercial paper
program.
The foregoing resolution was passed and approved as amended with the following vote:
Adame, Adler, Elizondo, Kieschnick, Leal, Marez, Martinez, Scott, and Strong, voting "Aye".
Minutes — Regular Council Meeting
March 8, 2011 — Page 11
Mayor Adame opened discussion on Item 25 regarding the approval of the FY2011 Capital
Budget and Capital Improvement Planning (CIP) Guide. Assistant City Manager Oscar Martinez
referred to a powerpoint presentation including 2011 funding sources by type; funding uses by
program; revenues by type; program expenditures; long range CIP with utility rollup; revised
expected CIP rate increases; breakdown of water rates between water and storm water; storm water
projects; wastewater projects; water projects; and an opinion from Moody's Investor Service on utility
system revenue bond programs.
The following topics pertaining to this item were discussed: reduction of the CIP by
approximately $30 million and the reduction of the utility rate; timeline for addressing the funds for
the seawall including the Barge Dock and Sunfish Island; the mandated requirements; drainage
district for storm water; the challenges with the replacement of the wastewater lines; and automated
meter reading project.
Mayor Adame called for comments from the audience. J.E. O'Brien, 4130 Pompano,
reiterated his comments made on Item 24. Abel Alonzo, 1701 Thames, spoke in support of the
recommendation to not transfer the utility fund into the general fund and asked questions regarding
the bond ratings; what would happen if Council did not support the recommendation; and delaying
the projects. Gloria Scott, 4422 S. Alameda, asked question regarding whether there were projects
for the northside area and informed the Council and staff of wastewater issues on the 4300 to 4600
block of South Alameda.
City Secretary Chapa polled the Council for their votes as follows:
25. ORDINANCE NO. 028995
Approving the FY 2011 Capital Budget and Capital Improvement Planning Guide in the
amount of $173,982,100. (First Reading — 02/22/11)
The foregoing ordinance was passed and approved on its second reading with the following
vote: Adame*; Adler, Elizondo, Kieschnick, Leal, Marez, Martinez, and Strong, voting "Aye";
Scott voting "No". (*Note: Adame abstained on the vote regarding the Downtown Drainage
Improvements, Phase 3 Hughes Street Pump Station)
* * * * * * * * * * * * *
Mayor Adame referred to Item 20, and a motion was made, seconded and passed to open
the public hearing on the following zoning case:
Case No. 0211-04, J & G Armadillo Bookkeeping: The applicant is requesting a change of
zoning from the "A-2" Apartment House District to the "AB" Professional Office District
resulting in a change of future land use from a medium -density residential use to a
professional office use. The property to be rezoned is Paul Court, Block 13, Lot 12, located
at the southwest intersection of Lipan Street and Josephine Street.
No one appeared in opposition to the zoning change. Mr. Kieschnick made a motion to close
the public hearing, seconded by Mr. Scott, and passed. Mr. Chapa polled the Council for their votes
as follows:
20. ORDINANCE NO. 028991
Amending the Zoning Ordinance, upon application by J & G Armadillo Bookkeeping, by
changing the Zoning Map in reference to Paul Court, Block 13, Lot 12, located at the
Minutes — Regular Council Meeting
March 8, 2011 — Page 12
southwest intersection of Lipan Street and Josephine Street, from the "A-2" Apartment
House District to the "AB" Professional Office District, resulting in a change of future land
use from a medium -density residential use to a professional office use; amending the
Comprehensive Plan to account for any deviations from the existing Comprehensive Plan;
providing a repealer clause; providing a penalty; and providing for publication.
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Adame, Adler, Kieschnick, Leal, Marez, Martinez, Scott, and Strong,
voting "Aye"; Elizondo was absent.
* * * * * * * * * * * * *
Mayor Adame opened discussion on Item 22 regarding the adoption of a Civility Accord.
MayorAdame explained the U.S. Conference of Mayors adopted a civility accord January 19, 2011
and the mayors were asked to convey this message to the citizens in their cities. Mr. Adame stated
that the resolution includes respecting the rights of people to hold different opinions; avoid rhetoric
intention to humiliate, de -legitimatize, or question the patriotism of those whose opinions differ from
ours; strive to understand differing perspectives; choose words carefully; speak truthfully without
accusation and avoid distort; and speak out against violence, prejudice, and incivility in all of their
forms, whenever and wherever they occur.
MayorAdame called for comments from the audience. Abel Alonzo, 1701 Thames, spoke in
support of the resolution. Carolyn Moon, 4902 Calvin, said she understands the resolution however
thinks it is superfluous. City Secretary Chapa polled the Council for their votes as follows:
22. RESOLUTION NO. 028993
Resolution adopting a City of Corpus Christi Civility Accord.
The foregoing resolution was passed and approved with the following vote: Adame, Adler,
Kieschnick, Leal, Marez, Martinez, Scott, and Strong, voting "Aye"; Elizondo was absent.
Mayor Adame called for a 5 -minute break.
*************
Mayor Adame called for petitions from the audience. J.E. O'Brien, 4130 Pompano, spoke
regarding the hiring of an internal auditor. Abel Alonzo, 1701 Thames, thanked everyone involved in
the grand opening of the Miracle Field. Bryan Menard, 3213 Cedar Hollow, spoke regarding the
effects the ban on K2 and illegal paraphernalia are having on businesses; jobs; and tax revenue. Mr.
Menard encouraged the Council to amend Chapter 33 Article 49. Don Winkley spoke regarding the
mowing of his property on Laguna Shores Road and requested a ruling on allowing native
vegetation on that property. Kevin West, 3213 Cedar Hollow, spoke regarding the ban on K2 and
related illegal paraphernalia and the manner which the ordinance was passed. Gloria Scott spoke
regarding the appointment of the City Manager.
*************
Mayor Adame opened discussion on Item 23 regarding Staples Street Phase 2 from
Barracuda Place to Gollihar Road project. Director of Engineering Services Pete Anaya referred to a
powerpoint presentation including a background; project scope; project bidding information; project
schedule; and budget.
Minutes — Regular Council Meeting
March 8, 2011 — Page 13
The following topics pertaining to this item were discussed: whether Tolunay-Wong
Engineering is based in Corpus Christi with fulltime staffing; the other projects under construction by
Texas Sterling Construction Company and the company's ability to complete this project; the cost
difference between Texas Sterling and local bidders; Amendment No. 3 to LNV Engineering
Contract for construction observation services for 14 months of construction at four hours per work
day; the consultant fees for LNV Engineering; concerns with the bidding process and amendments
to LNV Engineering contract; administrative action on contracts under $50,000; RFQ process for
Bond 2008; eliminating the funding option of potential grants as part of the equation in engineering
projects; projects based on best bid versus competitive bidding; the company doing the construction
management for Kostoryz Road; conversations on separation of power on projects; and the cost of
construction for Phase 1.
Mr. Daniel Wong, President and CEO of Tolunay-Wong Engineering, stated that Tolunay-
Wong is a local office with fulltime local staff. Mr. Wong also reported that the company has a full
service testing laboratory.
Council Member Scott requested a review of the alternative bidding process and a
breakdown of the contract awarded to LNV Engineering for the Staples Street project.
There were no comments from the audience. City Secretary Chapa polled the Council for
their votes as follows:
23.a. MOTION NO. 2011-060
Motion authorizing the City Manager or designee to execute a construction contract with
Texas Sterling Construction Company of Houston, Texas in the amount of $6,313,253.50 for
Staples Street Phase 2 from Barracuda Place to Gollihar Road for the Total Base Bid.
(BOND ISSUE 2008)
The foregoing motion was passed and approved with the following vote: Adame, Adler,
Kieschnick, Leal, Marez, Martinez, Scott, and Strong, voting 'Aye"; Elizondo was absent.
23.b. MOTION NO. 2011-061
Motion authorizing the City Manager or designee to execute Bid Alternate Nos. 1 and 4 with
Texas Sterling Construction Company of Houston, Texas in the amount of $70,000 for
Staples Street Phase 2 from Barracuda Place to Gollihar Road, subject to the execution of
an agreement with Wal- Mart.
The foregoing motion was passed and approved with the following vote: Adame, Adler,
Kieschnick, Leal, Marez, Martinez, Scott, and Strong, voting "Aye"; Elizondo was absent.
23.c. MOTION NO. 2011-062
Motion authorizing the City Manager or designee to negotiate and execute an agreement
with Wal-Mart for the City to phase construction under Bid Alternate Nos, 1 and 4 (to
complete the section of work from Carmel Parkway to Everhart Road by October 14, 2011).
The foregoing motion was passed and approved with the following vote: Adame, Adler,
Kieschnick, Leal, Marez, Martinez, Scott, and Strong, voting "Aye"; Elizondo was absent.
Minutes — Regular Council Meeting
March 8, 2011 — Page 14
23.c. MOTION NO. 2011-063
Motion authorizing the City Manager or designee to execute Amendment No. 3 to the
Contract for Professional Services with LNV Engineering of Corpus Christi, Texas, in the
amount of $94,754 for a total revised contract amount of $2,064,127 for Staples Street
Phase 1 from Brawner to Barracuda and Staples Street Phase 2 from Barracuda Place to
Gollihar Road for construction observation services for Phase 2 from Barracuda Place to
Gollihar Road.
The foregoing motion was passed and approved with the following vote: Adame, Adler,
Kieschnick, Leal, Marez, Martinez, Scott, and Strong, voting "Aye"; Elizondo was absent.
23.d. MOTION NO. 2011-064
Motion authorizing the City Manager or designee to execute an Agreement for Construction
Materials Testing and Engineering Services with Tolunay-Wong Engineers, Inc., of Corpus
Christi, Texas in the amount of $88,270 for Staples Street Phase 2 from Barracuda Place to
Gollihar Road.
The foregoing motion was passed and approved with the following vote: Adame, Adler,
Kieschnick, Leal, Marez, Martinez, Scott, and Strong, voting "Aye"; Elizondo was absent.
*************
There being no further business to come before the Council, Mayor Adame adjourned the
Council meeting at 5:13 p.m. on March 8, 2011.
*************
I HEREBY CERTIFY that the foregoing is a true and correct copy of the minutes of the Regular
Meeting of the Corpus Christi City Council of March 8, 2011 which were approved by the City
Council on March 22, 2011.
WITNESSETH MY HAND AND SEAL, on this the 22nd day of March, 2011.
Armando Chapa
City Secretary
SEAL