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HomeMy WebLinkAboutMinutes City Council - 07/26/2011Present: Mayor Joe Adame Mayor Pro Tem Larry Elizondo, Sr. Council Members: Kevin Kieschnick Priscilla Leal David Loeb John Marez Nelda Martinez Mark Scott Absent: Chris Adler MINUTES City of Corpus Christi, Texas Regular Council Meeting July 26, 2011 - 12:00 p.m. City Staff: City Manager Ronald L. Olson City Attorney Carlos Valdez City Secretary Armando Chapa Mayor Adame called the meeting to order in the Council Chambers of City Hall. The invocation was delivered by Pastor John Valles with Wesley United Methodist Church and the Pledge of Allegiance to the United States Flag was led by Council Member Nelda Martinez. 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. Mayor Adame called for approval of the minutes of the Regular Council meeting of July 19, 2011. A motion was made and passed to approve the minutes as presented. Mayor Adame referred to Item No. 2 and the following board appointments were made: Commission on Children and Youth Delia Oliveira (At Large), Reappointed Isaac Valencia (Law Enforcement), Reappointed Clarissa Silva (District Attorney Rep.), New Appointment Leadership Committee for Senior Services Willie Hardeman (Community Rep.), New Appointment CONSENT AGENDA Mayor Adame called for consideration of the Consent Agenda (Items 3 - 10.1). Council members requested that Items 5, 8 and 10.1 be pulled for individual consideration. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: INDEXED City Council Minutes July 26, 2011 Page 2 3. MOTION NO. 2011-160 Motion approving the purchase of one (1) boom mower tractor from H & V Equipment Services, Inc., of Corpus Christi, Texas, for the total amount of $134,903.82. The award is based on the Cooperative Purchasing Agreement with the Texas Local Government Cooperative. This unit is a replacement to the fleet and will be used by the Storm Water Department. Funds are available in the Storm Water Operations Budget in FY2010-2011. The foregoing motion was passed and approved with the following vote: Adame, Elizondo, Kieschnick, Leal, Loeb, Marez, Martinez and Scott voting "Aye"; Adler was absent. 4.a. MOTION NO. 2011-161 Motion authorizing the City agreement with Kleinfelder, exceed $93,000 for the J. Agreement — 2011-2012. The foregoing motion was Elizondo, Kieschnick, Leal, absent. 4.b. MOTION NO. 2011-162 Manager, or designee, to execute a geotechnical services Inc. of Corpus Christi, Texas in an estimated amount not to C. Elliott Landfill Groundwater Monitoring and Sampling passed and approved with the following vote: Adame, Loeb, Marez, Martinez and Scott voting "Aye"; Adler was Motion authorizing the City Manager, or designee, to execute a geotechnical services agreement with Kieinfelder, Inc. of Corpus Christi, Texas in an estimated amount not to exceed $116,000 for the Cefe Valenzuela Landfill Groundwater Monitoring and Sampling Agreement — 2011-2012. The foregoing motion was passed and approved with the following vote: Adame, Elizondo, Kieschnick, Leal, Loeb, Marez, Martinez and Scott voting "Aye"; Adler was absent. 6. RESOLUTION NO. 029150 Resolution approving a Small Business Incentives Agreement between the Corpus Christi Business and Job Development Corporation and Del Mar College, which provides a grant of up to $173,223 for an Intern Program to support Small Businesses and authorizing the City Manager or designee to execute a Project Support Agreement with the Corpus Christi Business and Job Development Corporation regarding implementation and administration of the Del Mar College Small Business Incentive Agreement. The foregoing resolution was passed and approved with the following vote: Adame, Elizondo, Kieschnick, Leal, Loeb, Marez, Martinez and Scott voting "Aye"; Adler was absent. 7. RESOLUTION NO. 029151 Resolution approving a Small Business Incentives Agreement between the Corpus Christi Business and Job Development Corporation and Texas A&M University — Corpus Christi, City Council Minutes July 26, 2011 Page 3 which provides a grant of up to $190,635 for an Intern Program to support Small Businesses and authorizing the City Manager or designee to execute a Project Support Agreement with the Corpus Christi Business and Job Development Corporation regarding implementation and administration of the Texas A&M University — Corpus Christi Small Business Incentive Agreement. The foregoing resolution was passed and approved with the following vote: Adame, Elizondo, Kieschnick, Leal, Loeb, Marez, Martinez and Scott voting "Aye"; Adler was absent. 9. RESOLUTION NO. 029153 Resolution approving a Small Business Incentives Agreement between the Corpus Christi Business and Job Development Corporation and Service Corps of Retired Executives (SCORE) Chapter 221, which grants $50,000 in small business incentives for the operation of a program to assist small and start-up businesses in Corpus Christi and authorizing the City Manager or designee to execute a Small Business Incentive Project Support Agreement with the Corpus Christi Business and Job Development Corporation regarding implementation and administration of the SCORE Chapter 221 Small Business Incentive Agreement. The foregoing resolution was passed and approved with the following vote: Adame, Elizondo, Kieschnick, Leal, Loeb, Marez, Martinez and Scott voting "Aye"; Adler was absent. 10. MOTION NO. 2011-163 Motion canceling Council Meeting of August 9, 2011. The foregoing motion was passed and approved with the following vote: Adame, Elizondo, Kieschnick, Leal, Loeb, Marez, Martinez and Scott voting "Aye"; Adler was absent. The following items were pulled for discussion and were voted on separately. City Secretary Chapa polled the Council for their votes on Items 5.a. - 5.g., 8 and 10.1. as follows: 5.a. ORDINANCE NO. 029143 Ordinance appropriating $45,916.95 in Airport CIP interest earnings as listed in Attachment 1, Section 1, for the City's match for future FAA Grant Projects and for land acquisition for future airport projects; changing the FY 2010-2011 Capital Improvement Budget adopted by Ordinance No. 028995 to increase expenditures by $45,916.95. An emergency was declared and the foregoing ordinance was passed and approved with the following vote: Adame, Elizondo, Kieschnick, Leal, Loeb, Marez, Martinez and Scott voting "Aye"; Adler was absent. City Council Minutes July 26, 2011 Page 4 5.b. ORDINANCE NO. 029144 Ordinance appropriating $490,548.91 in Bond Proceeds interest earnings and bonding company settlement proceeds for Bayfront, Public Health and Safety, Library, Museum, Parks, and Streets in the funds as listed in Attachment 1, Section 2 for the stated bond projects not yet complete, similar projects to be approved by City Council, and for the payment of debt service; changing the FY 2010-2011 Capital Improvement Budget adopted by Ordinance No. 028995 to increase expenditures by $490,548.91. An emergency was declared and the foregoing ordinance was passed and approved with the following vote: Adame, Elizondo, Kieschnick, Leal, Loeb, Marez, Martinez and Scott voting "Aye"; Adler was absent. 5.c. ORDINANCE NO. 029145 Ordinance appropriating $932,533.69 in Utility Revenue Bond interest earnings and refunded proceeds from the Texas Department of Transportation as listed in Attachment 1, Section 3 for the support of the City's approved Capital Improvement Program; changing the FY 2010-2011 Capital Improvement Budget adopted by Ordinance No. 028995 to increase expenditures by $932,533.69. An emergency was declared and the foregoing ordinance was passed and approved with the following vote: Adame, Elizondo, Kieschnick, Leal, Loeb, Marez, Martinez and Scott voting "Aye"; Adler was absent. 5.d. ORDINANCE NO. 029146 Ordinance appropriating $358,324.41 in Specialty Bond Proceeds interest earnings, and from contributions and donations from Texas Military Loan Proceeds, Packery Channel Tax Increment Financing Bonds, Sales Tax Bonds for the Seawall and Arena, and Generic Capital Improvement Funds as listed in Attachment 1, Section 4 for the stated bond projects not yet complete, the support of the City's approved Capital Improvement Program, specific military -supported projects, and other related projects as determined by the Type A Board; changing the FY 2010-2011 Capital Improvement Budget adopted by Ordinance No. 028995 to increase expenditures by $358,324.41. An emergency was declared and the foregoing ordinance was passed and approved with the following vote: Adame, Elizondo, Kieschnick, Leal, Loeb, Marez, Martinez and Scott voting "Aye"; Adler was absent. 5.e. ORDINANCE NO. 029147 Ordinance appropriating $4,839.19 in Older Bond Fund (issued prior to 2006) interest earnings as listed in Attachment 1, Section 5 to expedite the closure of said funds subject to arbitrage; changing the FY 2010-2011 Capital Improvement Budget adopted by Ordinance No. 028995 to increase expenditures by $4,839.19. An emergency was declared and the foregoing ordinance was passed and approved with the following vote: Adame, Elizondo, Kieschnick, Leal, Loeb, Marez, Martinez and Scott voting "Aye"; Adler was absent. City Council Minutes July 26, 2011 Page 5 5.f. ORDINANCE NO. 029148 Ordinance appropriating $417,065.91 in Street Assessments and Street Closures as listed in Attachment 1, Section 6 for the repayment of approved assessment projects; changing the FY 2010-2011 Capital Improvement Budget adopted by Ordinance No. 028995 to increase expenditures by $417,065.91. An emergency was declared and the foregoing ordinance was passed and approved with the following vote: Adame, Elizondo, Kieschnick, Leal, Loeb, Marez, Martinez and Scott voting "Aye"; Adler was absent. 5.g. ORDINANCE NO. 029149 Ordinance appropriating $127,977.46 in interest earnings in the No. 4730 Infrastructure Fund as listed in Attachment 1, Section 7 from Developer securities held as the Developers' share of deferred improvements until construction is complete, as required by the Unified Development Code. An emergency was declared and the foregoing ordinance was passed and approved with the following vote: Adame, Elizondo, Kieschnick, Leal, Loeb, Marez, Martinez and Scott voting "Aye"; Adler was absent. 8. RESOLUTION NO. 029152 Resolution approving a Small Business Incentives Agreement between the Corpus Christi Business and Job Development Corporation and Accion Texas, Inc., which provides grants of up to $400,000 for the Interest Buydown and Grant Programs for Small Businesses and authorizing the City Manager or designee to execute a Small Business Incentive Project Support Agreement with the Corpus Christi Business and Job Development Corporation regarding implementation and administration of the Accion Texas Small Business Incentive Agreement. The foregoing resolution was passed and approved with the following vote: Adame, Elizondo, Kieschnick, Leal, Loeb, Marez, Martinez and Scott voting "Aye"; Adler was absent. 10.1 FAILED TO PASS The foregoing motion failed with the following vote: Elizondo, Leal, Marez and Scott voting "Aye"; Adame, Kieschnick, Loeb and Martinez voting "No"; Adler was absent. City Council Minutes July 26, 2011 Page 6 SPECIAL BUDGET CONSIDERATION ITEMS Mayor Adame referred to Item No. 10.2 from the supplemental agenda. Margie Rose, Assistant City Manager stated that this item is for the utilization of a formal application and review process for Hotel Occupancy Tax funding support for the Arts for Fiscal Year 2012-2013. City Secretary Chapa polled the Council for their votes on Item 10.2. as follows: 10.2 RESOLUTION NO. 029154 Resolution requiring utilization of a formal application and review process prior to City Council consideration of requests for expenditure of any available hotel occupancy tax funds for the arts in the Operating Budget for City Fiscal Year 2012-2013. The foregoing resolution was passed and approved with the following vote: Adame, Elizondo, Kieschnick, Leal, Loeb, Marez, Martinez and Scott voting "Aye"; Adler was absent. Mayor Adame referred to Items. 11.a. and 11.b. Oscar Martinez, Assistant City Manager provided a brief overview of the proposed FY2011-2012 operating budget. Council Member Martinez made a motion for a one-time funding to the Arts Festival in the amount of $10,000 and the Corpus Christi Symphony in the amount of $12,000 from the HOT tax fund balance, seconded by Council Member Loeb. City Secretary Chapa polled the council for their votes as follows: The foregoing motion was passed and approved with the following vote: Adame, Elizondo, Loeb and Martinez voting "Aye"; Kieschnick, Leal and Marez voting "No"; Scott abstained; Adler was absent. Council Member Scott made a motion and seconded to amend the ordinance to reflect that the totals for the proposed expenditures amount to $662,475,261 and estimated revenues amount to $681,126,676. City Secretary Chapa polled the council for their votes as follows: The foregoing motion was passed and approved with the following vote: Adame, Elizondo, Kieschnick, Loeb, Marez, Martinez and Scott voting "Aye"; Leal voting "No"; Adler was absent. City Secretary Chapa polled the Council for their votes on Items 11.a. and 11.b. as follows: 11.a. ORDINANCE NO. 029155 Ordinance adopting the City of Corpus Christi Budget for the ensuing Fiscal Year beginning August 1, 2011; to be filed with the County Clerk; appropriating monies as provided in the budget. The foregoing ordinance was passed and approved on its second reading as amended with the following vote: Adame, Elizondo, Kieschnick, Loeb, Marez, Martinez and Scott voting "Aye"; Leal voting "No"; Adler was absent. City Council Minutes July 26, 2011 Page 7 11.b. ORDINANCE NO. 029156 Ordinance to ratify increase of $1,058,875 in property tax revenues from last year's operating budget as reflected in the 2011-2012 Operating Budget. The foregoing ordinance was passed and approved on its second reading with the following vote: Adame, Elizondo, Kieschnick, Leal, Loeb, Marez, Martinez, and Scott voting "Aye"; Adler was absent. Mayor Adame deviated from the agenda and referred to Item No. 16, Temporary Tax Abatement for Commercial Metals Company ("CMC"). Emily Martinez, Regional Economic Development Corporation stated that CMC plans to operate a metals facility and plan to invest $20 million in the new facility. City Secretary Chapa polled the Council for their votes on Items 16.a. - 16.c. as follows: 16.a. ORDINANCE NO. 029163 Ordinance appropriating $132,600 from the unreserved fund balance in the No. 1140 Business/Job Development fund for a grant from the Corpus Christi Business and Job Development Corporation to Commercial Metals Company ("CMC") for development of a new secondary metal processing facility on Bronco Road within the City of Corpus Christi, in which CMC will invest at least $20,000,000 in building improvements, furniture, fixtures, and equipment and will retain at least 39 current full-time jobs and create and maintain at least 12 new full-time jobs with an average annual salary of at least $31,500 over a five year period; changing the FY 2010-2011 operating budget, adopted by Ordinance No. 028252 by increasing proposed expenditures by $132,600. An emergency was declared and the foregoing ordinance was passed and approved with the following vote: Adame, Elizondo Leal, Loeb, Marez, Martinez and Scott voting "Aye"; Adler and Kieschnick were absent. 16.b. RESOLUTION NO. 029164 Resolution approving a business incentive agreement for the creation and retention of jobs between the Corpus Christi Business and Job Development Corporation and Commercial Metals Company ("CMC"), which provides a grant of up to $132,600, for development of a new secondary metal processing facility on Bronco Road within the City of Corpus Christi, in which CMC will invest at least $20,000,000 in building improvements, furniture, fixtures, and equipment and will retain at least 39 current full-time jobs and create and maintain at least 12 new full-time jobs with an average annual salary of at least $31,500 over a five year period and authorizing the City Manager or designee, to execute a business incentive project support agreement with the Corpus Christi Business and Job Development Corporation regarding implementation and administration of the CMC, business incentive agreement for the creation and retention of jobs. The foregoing resolution was passed and approved with the following vote: Adame, Elizondo, Leal, Loeb, Marez, Martinez and Scott voting "Aye"; Adler and Kieschnick were absent. City Council Minutes July 26, 2011 Page 8 16.c. RESOLUTION NO. 029165 Resolution authorizing the execution of an agreement with Commercial Metals Company ("CMC") providing for temporary property tax abatement. The foregoing resolution was passed and approved with the following vote: Adame, Elizondo Leal, Loeb, Marez, Martinez and Scott voting "Aye"; Adler and Kieschnick were absent. SPECIAL BUDGET CONSIDERATION ITEMS MayorAdame referred to Item 12, revisions to the Personnel Ordinance. Joan McKaughan, Interim Director of Human Resources provided a brief overview of the revisions being proposed to the personnel ordinance. City Secretary Chapa polled the Council for their votes on Item No. 12 as follows: 12. ORDINANCE NO. 029157 Ordinance amending Code Of Ordinances, Chapter 39, Personnel, Article III Employee Compensation And Classification System, to revise Section 39-303 by deleting provision to maintain 5% differential above employees supervised by select positions in Pay Plan 400; to revise Section 39-304 by adding City Auditor's Office; to revise Sections 39-329, 39- 332, 39-345, and 39-347 regarding vacation leave; to revise Sections 39-340 and 39-354 regarding sick leave; to revise Section 39-366 by adding personal leave hours are not paid out at termination; repealing all other ordinances, and rules, or parts of ordinances and rules, in conflict with this ordinance; providing for effective date. (First Reading 07119111) The foregoing ordinance was passed and approved on its second reading with the following vote: Adame, Elizondo, Leal, Martinez and Scott voting "Aye"; Marez voting "No"; and Adler, Kieschnick and Loeb were absent. Mayor Adame referred to Item No. 13, Proposed Fee/Rate Increase Adjustments. Eddie Houlihan, Assistant Director of Budget provided an overview of the following increases: water, sunrise beach recreation site rates, wastewater, and adding a non-resident library fee. City Secretary Chapa polled the Council for their votes on Items 13.a. - 13.d. as follows: 13.a. ORDINANCE NO. 029158 Ordinance amending Sections 55-50, 55-54, and 55-56, Code of Ordinances, City of Corpus Christi, regarding water rates for Fiscal Year 2011-2012; providing an effective date; and providing for publication. (First Reading 07/19/11) The foregoing ordinance was passed and approved on its second reading with the following vote: Adame, Elizondo, Leal, Loeb, Martinez and Scott voting "Aye"; Marez voting "No"; Adler and Kieschnick were absent. City Council Minutes July 26, 2011 Page 9 13.b. ORDINANCE NO. 029159 Ordinance amending Sections 12-108, Code of Ordinances, City of Corpus Christi, regarding Sunrise Beach recreation site rates for Fiscal Year 2011-2012; providing an effective date; and providing for publication. (First Reading 07/19/11) The foregoing ordinance was passed and approved on its second reading with the following vote: Adame, Elizondo, Leal, Loeb, Marez, Martinez and Scott voting "Aye"; Adler and Kieschnick were absent. 13.c. ORDINANCE NO. 029160 Ordinance revising the title of Article VII, Chapter 55, Code of Ordinances; amending Section 55-100, Code of Ordinances, City of Corpus Christi, setting the wastewater rates for Fiscal Year 2011-2012; establishing the procedures for the Fiscal Year 2011-2012 of the wastewater rates; providing an effective date; and providing for publication. (First Reading 07/19/11) The foregoing ordinance was passed and approved on its second reading with the following vote: Adame, Elizondo, Leal, Loeb, Martinez and Scott voting "Aye"; Marez voting "No"; Adler and Kieschnick were absent. 13.d. ORDINANCE NO. 029161 Ordinance amending Section 2-79 of the Code of Ordinances, by authorizing an annual nonresident Library Fee; providing an effective date; and providing for publication. (First Reading 07/19/11) The foregoing ordinance was passed and approved on its second reading with the following vote: Adame, Elizondo, Leal, Loeb, Marez, Martinez and Scott voting "Aye"; Adler and Kieschnick were absent. REGULAR AGENDA Mayor Adame referred to Item No. 14, City Auditor position. Margie Rose, Assistant City Manager provided highlights of the ordinance that establishes the City Auditor as follows: establishment of the office of City Auditor; independence, objectivity, and audit standards; council review; access to records and property; preparation and release of reports; powers and duties; peer review; and city auditor vacancy and selection process. Ms. Rose stated that the last sentence in Section 5-2 (I) of the Ordinance needs to be amended to read, .."All employees of the City Auditor's Office shall be exempt from classified service". A .motion was made by Council Member Scott to amend the ordinance as stated, seconded by Council Member Elizondo and passed. City Secretary Chapa polled the Council for their votes on Item 14 as follows: City Council Minutes July 26, 2011 Page 10 14. FIRST READING ORDINANCE Providing for the hiring and qualifications of a City Auditor; preserving the Auditor's independence; providing access to City records; determining distribution of audit reports; establishing the powers and duties thereof; and providing for a peer review. The foregoing ordinance was passed and approved on its first reading as amended with the following vote: Adame, Elizondo, Leal, Loeb, Marez, Martinez, and Scott voting "Aye"; Adler and Kieschnick were absent. Mayor Adame referred to Item No. 15, Mary Rhodes Pipeline Phase 2 Improvements Project. Pete Anaya, Director of Engineering. Mr. Anaya stated that this item is for the acquisition of easements related to the Mary Rhodes Pipeline project and for a legal services agreement to represent the City with environmental services, permits and land acquisition matters associated with this project. City Secretary Chapa polled the Council for their votes on Item No. 15.a. and 15.b. as follows: 15.a. RESOLUTION NO. 029162 Resolution determining that a public necessity exists for the acquisition of easements for the Mary Rhodes Pipeline Phase 2 Improvements Project for the public purpose, use and construction of a water pipeline; and authorizing the City Manager, City Attorney and Agents of the City to acquire the easements by means of negotiations or eminent domain, if necessary. The foregoing resolution was passed and approved with the following vote: Adame, Elizondo, Kieschnick, Leal, Loeb, Marez, Martinez and Scott voting "Aye"; Adler was absent. 15.b. MOTION NO. 2011-164 Motion authorizing the City Manager, or designee, to execute a Legal Services Agreement with Bruce Hawn, Welder Leshin, LLP, to represent the City in environmental services, permits, and land acquisition matters associated with acquisition of Mary Rhodes Pipeline Phase 2 easements, at an hourly rate of $250.00, plus expenses, subject to certification of funds. The foregoing motion was passed and approved with the following vote: Adame, Elizondo, Kieschnick, Leal, Loeb, Marez, Martinez and Scott voting "Aye"; Adler was absent. Mayor Adame referred to Item No. 17, interview date for the City Auditor position. Council discussed dates for interviewing individuals for the newly created City Auditor position. There was concurrence to meet on August 9, 2011 at 9:00 am regarding this matter. PRESENTATION(S) Mayor Adame referred to Item No. 18, Report on 1-69 Town Hall Meeting. Rudy Garza, Interim Assistant City Manager informed the Council about the upcoming Corpus Christi Town Hall meeting scheduled for Tuesday, August 2, 2011, 5:30 pm - 7:00 pm at the Del Mar College - Center for Economic Development, to provide an update on the development of the 1-69 Corridor in Texas. City Council Minutes July 26, 2011 Page 11 PUBLIC COMMENT Mayor Adame called for petitions from the audience. The following citizens spoke regarding the following issues: Jack Gordy — illegal signs in the right of way; Joan Veith — water break in her neighborhood; Yolanda Mandel - opposed to Las Brisas; and Russel Roland - opposed to Las Brisas. CITY MANAGER COMMENTS City Manager Olson provided an update on the following city issues: ongoing work on the FY 2011-2012 operating budget; Nueces County Appraisal District; shifting of the Fiscal Year; improving the Development Services Department; and creation of a Performance Plan for the City of Corpus Christi. There being no further business to come before the Council, Mayor Adame adjourned the Council meeting at 4:15 p.m. on July 26, 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 July 26, 2011 which were approved by the City Council on August 23, 2011. WITNESSETH MY HAND AND SEAL, on this the 23rd of August, 2011. Armando Chapa City Secretary SEAL