HomeMy WebLinkAboutMinutes City Council - 06/21/2011MINUTES
CITY OF CORPUS CHRISTI, TEXAS
Regular Council Meeting
June 21, 2011 - 12:00 p.m.
PRESENT
Mayor Joe Adame*
Mayor Pro Tem Nelda Martinez
Council Members:
Chris Adler
Kevin Kieschnick
Priscilla Leal
John Marez
Mark Scott
Linda Strong
ABSENT
Larry Elizondo, Sr.
*Arrived at 4:25 p.m.
City Staff:
City Manager Ronald L. Olson
City Attorney Carlos Valdez
City Secretary Armando Chapa
Assistant City Secretary Mary Juarez
Mayor Pro Tem Martinez called the meeting to order in the Council Chambers of City Hall.
The invocation was delivered by Reverend John Hardie with St. Mark's Episcopal Church
and the Pledge of Allegiance to the United States flag was led by Council Member Leal.
Assistant City Secretary Juarez called the roll and verified that the necessary quorum of the
Council and the required charter officers were present to conduct the meeting.
Mayor Pro Tem Martinez called for approval of the minutes of the regular Council meeting
and Workshop meeting of June 14, 2011. A motion was made and passed to approve the minutes
as presented.
************
Mayor Pro Tem Martinez called for consideration of the consent agenda (Items 2 - 7). Mr.
John Kelley and Mr. Johnny French requested that Item 5 be pulled for individual consideration.
Council members requested that Item 5 be pulled for individual consideration. Assistant City
Secretary Juarez polled the Council for their votes as follows:
2. MOTION NO. 2011-131
Motion approving the purchase of one (1) horizontal directional drilling machine from
Vermeer Texas — Louisiana, Inc. of Round Rock, Texas for a total amount of $129,728.94.
The award is based on the Cooperative Purchasing Agreement with the Texas Local
Government Cooperative (TLGPC). Funding is available in the FY 2010-2011 Capital Outlay
Budget of the Fleet Maintenance Fund. This unit is a replacement to the fleet.
The foregoing motion was passed and approved with the following vote: Adler, Kieschnick,
Leal, Marez, Martinez, Scott, and Strong, voting "Aye"; Adame and Elizondo were absent.
INDEXED
Minutes — Regular Council Meeting
June 21,2011 -- Page 2
3. MOTION NO. 2011-132
Motion approving a supply agreement for reformulated gasoline and ultra low sulfur diesel
fuel with the following companies for the following amounts in accordance with Bid Invitation
No. BI -0112-11 based on low bid for an estimated annual expenditure of $5,941,419.66 of
which $495,118.31 will be expended in FY 2010-2011. The term of the agreement will be for
twelve months with options to extend for up to two additional 12 -month periods, subject to
approval of the suppliers and the City Manager or designee. Funds have been budgeted by
Maintenance Services and the Fire Department in FY 2010-2011 and requested for FY
2011-2012.
Petroleum Traders C
Fort Wayne, IN
Item No.: 1.0
$2,099,344.17
orp.
Oil Patch Petroleum, Inc.
Corpus Christi, TX
Item No.: 2.0
$3,051,420.64
Total Award: $5,941,419.66
Stripes, LLC
Corpus Christi, TX
Item Nos.: 3 & 4
$790,654.85
The foregoing motion was passed and approved with the following vote: Adler, Kieschnick,
Leal, Marez, Martinez, Scott, and Strong, voting"Aye"; Adame and Elizondo were absent.
4. ORDINANCE NO. 029099
Ordinance appropriating $284,000 in the No. 1020 General Fund of additional anticipated
revenues to be received from the processing of residential recycled commodities and to be
used to offset related operational expenses; changing the FY 2010-2011 Operating Budget
adopted by Ordinance 028683 by increasing revenues and appropriations by $284,000
each.
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Adler, Kieschnick, Leal, Marez, Martinez, Scott, and Strong, voting "Aye";
Adame and Elizondo were absent.
6. ORDINANCE NO. 029101
Amending the Zoning Map to include the new Unified Development Code Zoning District
names and incorporating amended map into said code; providing for special permits;
amending the Comprehensive Plan to account for any deviations from the existing
Comprehensive Plan; providing a repealer clause; providing a penalty; providing for
publication and effective date. (First Reading — 06/14/11)
The foregoing ordinance was passed and approved on its second reading with the following
vote: Adler, Kieschnick, Leal, Marez, Martinez, Scott, and Strong, voting "Aye"; Adame and
Elizondo were absent.
7. ORDINANCE NO. 029102
Amending the Code of Ordinances, City of Corpus Christi, Chapter 55, Section 55-446,
Regarding Repeat Programming for Public Access Cablecasting; and Section 55-447
Regarding Program Identification Requirements; Providing for Publication. (First Reading —
06/14/11)
Minutes — Regular Council Meeting
June 21, 2011 — Page 3
The foregoing ordinance was passed and approved on its second reading with the following
vote: Adler, Kieschnick, Leal, Marez, Martinez, Scott, and Strong, voting "Aye"; Adame and
Elizondo were absent.
Mayor Pro Tem Martinez opened discussion on Item 5 regarding a draft erosion response
plan. John Kelley, 413 Waco, stated that this item needs more public input and that the plan is
based on historical calculations and not projections. Mr. Kelley expressed concern regarding the
proposed 200 foot setback and mitigation and urged the Council to consider the 350 setback similar
to Nueces County's plan. Johnny French, 4417 Carlton, spoke regarding the proposed 200 foot
setback and referred to the presentation by Dr. Jim Gilbeaut who opposes the 200 foot setback. Mr.
French also spoke regarding the removal of fillets to provide fill material and construct the dunes;
protection of the revetments on both sides of Packery Channel; and public parking for the jetties.
Council Member Strong spoke regarding the conflicting setback between the City's proposed
200 foot setback and Nueces County's plan of the 350 foot set back and reported that the dune
fields are the City's primary protection from a storm surge. Ms. Strong added that building behind the
350 foot setback provides protection to development and guarantees the longevity of the buildings.
Ms. Strong stated that beach access is also extremely important and for those two reasons, she
would not support the plan. Council Member Adler stated that this topic is highly controversial and
conflicting with Nueces County's plan. Ms. Adler requested more information and asked the City and
County to work closer on this issue. Council Member Kieschnick agreed with Ms. Strong's
comments regarding the setback and being consistent with the County's plan and said the topic
needs further discussion. Council Member Marez also requested feedback from the community and
recommended tabling the item to a later date.
Assistant City Attorney Jay Reining reported that the draft has to be submitted to the Texas
General Land Office (GLO) by July 15' or the City could lose funding from the GLO for a year.
Council Member Leal spoke is support of the 350 set back to provide protection to the dunes and
Padre Island. In response to Council Member Scott, Assistant City Manager Perales stated that this
item is for approval of a draft plan to begin the review process and receive public input. Senior
Planner Bob Payne explained that the 200 foot set back is the existing policy and was used to start
the initial process to present the draft plan to the GLO. Mr. Payne added that staff is planning on
holding pubic hearings and expect to make changes to the plan as staff identifies dunes and areas
of beach access. A brief discussion ensued regarding the deadline to present the draft plan to the
GLO.
Mr. Kieschnick made a motion to amend the draft plan by changing the setback to 350 feet.
The motion was seconded by Ms. Strong. Assistant City Secretary Juarez polled the Council for their
votes as follows:
The foregoing motion was passed and approved with the following vote: Adler, Kieschnick,
Leal, Marez, Martinez, and Strong, voting "Aye"; Scott voting "No"; Adame and Elizondo
were absent.
Assistant City Secretary Juarez polled the Council for their votes as follows:
5. RESOLUTION NO. 029100
Resolution authorizing the City Manager, or designee, to submit a draft erosion response
plan and related draft amendments to Chapter 10, Code of Ordinances, Beachfront
Management and Construction, to the Texas General Land Office for comment.
Minutes — Regular Council Meeting
June 21, 2011 — Page 4
The foregoing resolution was passed and approved as amended with the following vote:
Adler, Kieschnick, Leal, Marez, Martinez, and Strong, voting "Aye"; Scott voting "No"; Adame
and Elizondo were absent.
* * * * * * * * * * * * *
Mayor Pro Tem Martinez announced the executive session, which was listed on the agenda
as follows:
Executive session pursuant to Section 551.071 of the Texas Government Code to
consult with attorney regarding pending case No. 2010 -DCV -6004-E entitled City of
Corpus Christi vs. Friends of the Coliseum, et al in the 148th District Court Of
Nueces County, Texas.
The Council went into executive session. The Council returned from executive session.
Mayor Pro Tem Martinez announced that no action would be taken in open session.
* * * * * * * * * * * * *
Mayor Pro Tem Martinez opened discussion on Item 8 regarding the FY2011-2012 budget
for the Corpus Christi Crime Control and Prevention District. Police Administration Manager Pat
Eldridge stated that the proposed budget was presented at the public hearing on June 14, 2011.
There were no comments from the audience. City Secretary Chapa polled the Council for their
votes as follows:
8. RESOLUTION NO. 029103
Resolution approving the FY 2011-2012 budget for the Corpus Christi Crime Control and
Prevention District.
The foregoing resolution was passed and approved with the following vote: Adler,
Kieschnick, Leal, Marez, Martinez, and Strong, voting "Aye"; Adame, Elizondo, and Scott,
were absent.
Mayor Pro Tem Martinez opened discussion on Item 9 regarding the Sanitary Sewer
Overflow Initiative (SSOI) program. Director of Engineering Services Pete Anaya introduced the
presentation team including Director of Wastewater Operations Foster Crowell; Jim Forbes with
Pipeline Analysis LLC; Dan Leyendecker with LNV Engineering; and Donnie Rehmet with Coym,
Rehmet and Gutierrez who were available to respond to questions. Mr. Anaya referred to a
powerpoint presentation including a background; project scope; project limits; project schedule; and
costs.
Mayor Pro Tem Martinez called for comments from the audience. Abel Alonzo, 1701
Thames, thanked Mr. Anaya and staff for this item and spoke in support of the project team. City
Secretary Chapa polled the Council for their votes as follows:
9. MOTION NO. 2011-133
Motion authorizing the City Manager, or designee, to execute Amendment No. 3 to the
Contract for Professional Services with Pipeline Analysis, LLC of Dallas, Texas in the
amount of $1,989,103, for a total re -stated fee of $2,162,928 for the Sanitary Sewer
Overflow Initiative (SSOI) Program project.
Minutes — Regular Council Meeting
June 21, 2011 — Page 5
The foregoing motion was passed and approved with the following vote: Adler, Kieschnick,
Leal, Marez, Martinez, Scott, and Strong, voting "Aye"; Adame and Elizondo were absent.
* * * * * * * * * * * * *
Mayor Pro Tem Martinez referred to Item 11 regarding the Arts and Cultural Commission
(ACC) Annual Report. Director of Parks and Recreation Michael Morris introduced Arts & Cultural
Commission members Heidi Hovda and Joye LaBarrett. Ms. Hovda referred to a powerpoint
presentation including the 2010-2011 arts headlines; the funding reductions; membership and by-
law revisions; the public art program review; the Cultural District designation; the request for funding
for FY2012; and the members. Ms. LaBarrett provided an overview of the Festival of the Arts event.
The following topics pertaining to this item were discussed: the utility bill participation and
marketing opportunities; the ACC relationship with the school districts arts programs; the forming of
the 501 c3 for the Festival of the Arts; and maintaining permanent art inventory.
* * * * * * * * * * * * *
Mayor Pro Tem Martinez opened discussion on Item 10 regarding the Padre Island Water
Supply Study and Alternate Water Transmission. Director of Engineering Services Pete Anaya
introduced the presentation team including Deputy Director of Water Operations Mark Van Vleck;
Assistant Director of Engineering Dan Biles; and Mark Maroney with Urban Engineering. Mr. Anaya
referred to a powerpoint presentation including the options studied; the project schedule; and the
project budget.
The following topics pertaining to this item were discussed: the location of the existing
abandoned gas line; the construction schedule; the project costs; the long range plan to replace the
existing line; the economic benefit and water capacity on the island; and reviewing historical maps to
identify existing lines.
There were no comments from the audience. City Secretary Chapa polled the Council for
their votes as follows:
10. MOTION NO. 2011-134
Motion authorizing the City Manager, or designee, to execute Amendment No. 1 to the
Contract for Professional Services with Urban Engineering of Corpus Christi, Texas, for a
fee not to exceed $364,370, for a total contract amount not to exceed $414,240 for the
Padre Island Water Supply Study and Alternate Water Transmission Main, Phase 1.
The foregoing motion was passed and approved with the following vote: Adler, Kieschnick,
Leal, Marez, Martinez, Scott, and Strong, voting "Aye"; Adame and Elizondo were absent.
* * * * * * * * * * * * *
Mayor Pro Tem Martinez referred to Item 12 regarding an overview of the parking meter
proposed rate increases. Police Administration Manager Pat Eldridge referred to a powerpoint
presentation including the three primary objectives; current and proposed meter rates; the proposed
rate zone map; year 1 rollout expenses and projected revenue; year 3 rollout expenses and
projected revenue; and a comparison between year 1 and year 3 rollout. Corpus Christi Downtown
Management District members Tim Houston and Casey Lain stated that the Downtown
Management District supported the proposed parking meter rate increases.
Minutes — Regular Council Meeting
June 21, 2011 — Page 6
The following topics pertaining to this item were discussed: the Parking Advisory Committee;
local and community participation and input; and next steps. Mayor Pro Tem Martinez spoke in
support of the ordinance. Council Member Marez stated that he was glad to see this process moving
forward. Council Member Scott spoke in support of moving.forward.
Mayor Pro Tem Martinez referred to Item 13 regarding the proposed FY2011-2012 Budgets
for the Special Revenue, Internal Services and Debt Service funds. Assistant City Manager Oscar
Martinez referred to a powerpoint presentation including the Internal Service Funds summary of fund
balances, budgets for Stores, Maintenance Services, Municipal information Systems, Engineering
Services, and Risk Management Funds, and proposed health insurance rate increases; the Special
Revenue Funds summary of fund balances, and budgets for Hotel Occupancy Tax (HOT), Red Light
Photo Enforcement, Reinvestment Zones 2 and 3, Seawall Improvement and Arena Facility,
Business/Job Development, Development Services, Visitors Facility, Local Emergency Planning
Committee (LEPC), and Crime Control District Funds; and Debt Service Funds major revenues,.
expenditures, and total principal balances; and the budget calendar.
The following topics pertaining to this item were discussed: the drivers increasing the total
cost of Maintenance Services; the $1 million reserve for fuel; the reserved requirement for risk
management funds to cover cost associated with catastrophic losses or incurred but not reported
claims; the projected number of employees that will transition from Citicare Premium to Citicare; rate
schedule for health insurance premiums; the 21% increase for retirees on Citicare Premium;
whether public safety employees have options to change benefits packages; participating
employees on health care plan eligible to use wellness clinic; Reinvestment Zone No. 3 revenue
activity and creation of a board; the re -design of the school crossing guard program; Convention and
Visitor's Bureau funding; funding additional crew and equipment for beach cleaning; priority beach
cleaning; privatizing beach cleaning during heavy sargassum periods; legislation regarding the use
of HOT funds; maintenance for public art; maintaining city facilities; renegotiating beach permits; the
balance of the affordable housing fund; and proposed elimination of maintenance services full time
equivalents.
Council Member Scott asked the Council to consider taking additional funding from the HOT
fund balance to fund beach cleaning in the amount of $270,000; the Art Museum of South Texas in
the amount up to $170,000; and the Botanical Gardens in the amount of $10,000 for marketing.
Council Member Adler asked for consideration to fund $20,000 for maintenance for public art. A
brief discussion ensued regarding the state law regulating HOT funds.
City Manager Olson asked the Council to consider four primary questions at the Special
Meeting scheduled for Friday, June 24,h to give staff direction on the use of the effective tax or the
use of the current tax rate; authorization to use the reserve fund balance; and the use of the HOT
funds.
* * * * * * * * * * * * *
MayorAdame called for petitions from the audience. Dr. Robert Furgason, 1334 Sandpiper,
spoke regarding the maintenance of City owned facilities, the use of HOT funds for the Art Museum
of South Texas and supported the effective tax rate. Maria Gonzalez, 1813 Amazon, spoke
regarding the increase to health care for civilian employees. Daniel Lucio, 325 Naples, congratulated
Council Member Leal and spoke regarding the parking meter rates including consideration for
residents or residential growth and the portion of the fees going to the downtown area. Bill Hoover,
317 Peoples, spoke regarding parking meter fees; the projected revenue; and creating an ad hoc
parking advisory committee prior to considering the ordinance. Jim McCutchon, 241 Chandler,
spoke regarding the proposed reduction of hours to senior centers and the City's contribution to the
employee retirement system. Joan Veith, 5701 Cain Drive, thanked City Secretary Chapa, Assistant
Minutes — Regular Council Meeting
June 21, 2011 — Page 7
City Secretary Juarez and staff for their work during the runoff election. Courtney Turnlund, 4910
Mable, spoke regarding the ordinance prohibiting the owning of fowl within the City limits and
requested that the Council grant an exception to owning hens as long as they are well cared for and
there is no opposition from neighbors. David Loeb, 522 Hancock, spoke regarding the revenue split
for parking meter fees for the downtown area. Colin Sykes, 309 Aberdeen, urged the Council to
consider moving public comment back to 12:00 p.m. and invited the Council to attend "An Evening
with Jim Hightower" on Saturday, June 25, 2011 at 7:00 p.m. at the Harbor Playhouse. Abel Alonzo,
1701 Thames, spoke regarding the City reducing funding to Mental Health/Mental Retardation
(MHMR). Mary Ann Kelly, 4302 Schanen, congratulated Council Member Leal and spoke regarding
the right to vote on a statue of Corpus Christi.
* * * * * * * * * * * * *
Mayor Pro Tem Martinez and the council members presented a gift on behalf of the City to
outgoing Council Member Strong and thanked her for her service.
MayorAdame opened discussion on Item 14 regarding the canvassing returns and declaring
the results of the Runoff Election held on June 18, 2011 for the purpose of electing Council Member
District Three. The Council canvassed numerous precincts comparing results submitted by Precinct
Judges to the Mayor with results submitted and certified by the City Secretary.
MayorAdame called for comments from the audience. Abel Alonzo, 1701 Thames, thanked
those individuals that voted and expressed disappointment for those that did not vote.
City Secretary Chapa polled the Council for their votes as follows:
14. ORDINANCE NO. 029104
Ordinance canvassing returns and declaring the results of the Runoff Election held on June
18, 2011 in the City of Corpus Christi, for the purpose of electing Council Member District
Three.
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Adame, Adler, Kieschnick, Leal, Marez, Martinez, and Strong, voting
"Aye"; Elizondo and Scott were absent.
* * * * * * * * * * * * *
There being no further business to come before the Council, MayorAdame adjourned the
Council meeting at 4:29 p.m. on June 21, 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 June 21, 2011 which were approved by the City
Council on June 28, 2011.
WITNESSETH MY HAND AND SEAL, on this the 28th day of June, 2011.
Armando Chapa
City Secretary
SEAL