HomeMy WebLinkAboutMinutes City Council - 08/23/2011MINUTES
CITY OF CORPUS CHRISTI, TEXAS
Regular Council Meeting
August 23, 2011 - 12:00 p.m.
PRESENT
Mayor Joe Adame
Mayor Pro Tem Larry Elizondo, Sr.
Council Members:
Chris N. Adler
Kevin Kieschnick
David Loeb
John Marez
Nelda Martinez
Mark Scott
ABSENT
Priscilla Leal
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 Kenneth Mutchler with Immanuel Fellowship and the
Pledge of Allegiance to the United States flag was led by Council Member Larry Elizondo.
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 26,
2011 and special Council meeting of August 9, 2011. A motion was made and passed to approve
the minutes as presented.
BOARD APPOINTMENTS
Mayor Adame referred to Item 2 and the following board appointments were made:
Intergovernmental Commission on Drug and Alcohol
Jesus S. Molina (Reappointed)
Jean Newberry (Reappointed)
Sandra Jackson (Appointed)
Library Board
Catherine MacLachlan (Appointed)
Regional Health Awareness Board
Oscar Martinez (Appointed)
Senior Companion Program Advisory Committee
Marie Partington (Reappointed)
Martha Wild (Appointed)
INDEXED
Minutes — Regular Council Meeting
August 23, 2011 -- Page 2
CONSENT AGENDA
Mayor Adame called for consideration of the consent agenda (Items 3 -12). There were no
comments from the public. Council Member Elizondo requested that Item 6 be pulled for individual
consideration. City Secretary Chapa polled the Council for their votes as follows:
3. MOTION NO. 2011-166
Motion approving the purchase of specialized equipment for a total amount of $180,641.28
from the 2009 Homeland Security Grant awarded to the City of Corpus Christi and budgeted
in the State Homeland Security Program.
The foregoing motion was passed and approved with the following vote: Adame, Adler,
Elizondo, Kieschnick, Loeb, Marez, Martinez, and Scott, voting "Aye"; Leal was absent.
4. MOTION NO. 2011-167
Motion approving a professional services agreement for professional psychologist services
with Sharon L. Rogers, Ph.D., P.C., of Corpus Christi, Texas for an estimated amount of
$385,080 of which $117,663 is required in FY 2011-2012. The term of the agreement will be
three years with an option to extend for up to two additional one-year periods subject to
approval of the vendor and the City Manager or designee. Funding is available in the
General and Airport Funds in FY 2011-2012 and will be requested in future fiscal years.
The foregoing motion was passed and approved with the following vote: Adame, Adler,
Elizondo, Kieschnick, Loeb, Marez, Martinez, and Scott, voting "Aye"; Leal was absent.
5. MOTION NO. 2011-168
Motion approving supply agreements with the following suppliers for the following amounts
for hot mix asphalt, based on low bid, awarding primary and secondary agreements, in
accordance with Bid Invitation No. BI -0172-11 for an estimated semi-annual expenditure of
$995,377.50. The term of the agreements shall be for six months with options to extend for
up to five additional six month periods, subject to the approval of the suppliers and the City
Manager or designee. Funds have been budgeted by Street Services in FY 2011-2012.
Bay, Ltd.
Corpus Christi, Texas
$943,065
Primary Supplier
HAC Materials, Ltd.
Corpus Christi, Texas
$52,312.50
Secondary Supplier
Grand Total: $995,377.50
The foregoing motion was passed and approved with the following vote: Adame, Adler,
Elizondo, Kieschnick, Loeb, Marez, Martinez, and Scott, voting "Aye"; Leal was absent.
7. MOTION NO. 2011-170
Motion approving the application for street closure from the American Cancer Society to
temporarily close the following street sections for the Making Strides Against Breast Cancer
5K Walk, to take place Saturday, October 22, 2011.
Minutes — Regular Council Meeting
August 23, 2011 — Page 3
a. The temporary street closure of Northbound Shoreline Boulevard between Furman
Street and Power Street, beginning at 5:00 A.M. and ending at 12:00 P.M. on Saturday,
October 22, 2011.
b. The temporary street closure of Northbound and Southbound Shoreline Boulevard
between Power Street and the Art Museum of South Texas; including the barge dock,
beginning at 5:00 A.M. and ending at 12:00 P.M. on Saturday, October 22, 2011.
8. MOTION NO. 2011-171
Motion authorizing the City Manager, or designee, to execute a Job Order Contract with
Barcom Commercial, Inc. of Corpus Christi, Texas in the amount of $74,833.14 for the
Public Safety Warehouse Fire Station Slab Replacement. (BOND ISSUE 2008)
The foregoing motion was passed and approved with the following vote: Adame, Adler,
Elizondo, Kieschnick, Loeb, Marez, Martinez, and Scott, voting "Aye"; Leal was absent.
9.a. RESOLUTION NO. 029167
Resolution authorizing the City Manager or designee to accept an additional grant from the
Texas Commission on Environmental Quality in the amount of $96,592.99 for Air Quality
Planning and authorizing the City Manager to execute related amendments to Interlocal
cooperation agreements with North Texas University and Texas A & M University— Corpus
Christi.
The foregoing resolution was passed and approved with the following vote: Adame, Adler,
Elizondo, Kieschnick, Loeb, Marez, Martinez, and Scott, voting "Aye"; Leal was absent.
9.b. ORDINANCE NO. 029168
Ordinance appropriating $96,592.99 from the Texas Commission on Environmental Quality
in the No. 1071 Community Enrichment Grants Fund for air quality planning.
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Adame, Adler, Elizondo, Kieschnick, Loeb, Marez, Martinez, and Scott,
voting "Aye"; Leal was absent.
10. RESOLUTION NO. 029169
Resolution amending Council Policy 14 "Boards, Commissions, and Committee Procedures"
to provide for time of consideration of appointment.
The foregoing resolution was passed and approved with the following vote: Adame, Adler,
Elizondo, Kieschnick, Loeb, Marez, Martinez, and Scott, voting "Aye"; Leal was absent.
11. ORDINANCE NO. 029170
Authorizing the City Manager or designee to execute a 14 year lease agreement (with an
option to renewal for an additional 10 years at City Council's discretion) with the Padre Island
Yacht Club that supersedes the current 10 -year lease that expires on July 11, 2015. (First
Reading — 07/19/11)
Minutes — Regular Council Meeting
August 23, 2011 — Page 4
The foregoing ordinance was passed and approved on its second reading with the following
vote: Adame, Adler, Elizondo, Kieschnick, Loeb, Marez, Martinez, and Scott, voting "Aye";
Leal was absent.
12. ORDINANCE NO, 029171
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. (First Reading —
07/26/11)
The foregoing ordinance was passed and approved on its second reading with the following
vote: Adame, Adler, Elizondo, Kieschnick, Loeb, Marez, Martinez, and Scott, voting "Aye";
Leal was absent.
The following item was pulled for discussion and was voted on separately. City Secretary
Chapa polled the Council for their vote on Item 6 as follows:
6. MOTION NO. 2011-169
Motion authorizing the City Manager or designee to renew maintenance and licensing
agreement for one (1) IronPort internet filtering device from Calence, DIR-SDD-1460.
Agreement will cover all City network users for three (3) years for a total cost of $75,298.11.
This purchase will be financed over a three-year period with Key Government Finance, Inc.
of Superior, Colorado with three annual payments of $25,099.37.
The foregoing motion was passed and approved with the following vote: Adame, Adler,
Elizondo, Kieschnick, Loeb, Marez, Martinez, and Scott, voting "Aye"; Leal was absent.
REGULAR AGENDA ITEM
Mayor Adame opened discussion on Item 19 regarding the 1914 Historical Nueces County
Courthouse. Interim Assistant City Manager Rudy Garza stated that this item was placed on the
agenda at the request of Council Member Kieschnick for consideration of a resolution to support
Nueces County's efforts regarding the 1914 Nueces County Courthouse.
Mr. Kieschnick made a motion to change the caption and Sections 1 & 2 of the resolution.
The motion was seconded by Ms. Martinez.
The foregoing motion was passed and approved with the following vote: Adame, Adler,
Elizondo, Kieschnick, Loeb, Marez, Martinez, and Scott, voting "Aye"; Leal was absent.
Mayor Adame called for comments from the audience and the following citizen spoke: Abel
Alonzo. City Secretary Chapa polled the Council for their votes as follows:
19. RESOLUTION NO. 029166
Resolution endorsing the request of Nueces County to the Texas Historical Commission to
lift the deed restrictions associated with the 1914 Historic Nueces County Courthouse.
The foregoing resolution was passed and approved as amended with the following vote:
Adame, Adler, Elizondo, Kieschnick, Loeb, Marez, Martinez, and Scott, voting "Aye"; Leal
was absent.
EXECUTIVE SESSION
follows:
Minutes — Regular Council Meeting
August 23, 2011 — Page 5
Mayor Adame announced the executive sessions, which were listed on the agenda as
* Executive session pursuant to Section 551.071(1)(B) to consult with attorney
regarding a case styled Cause No. 2010CCV-61578-3, Shaun Earl Mehegan v.
Steve Rivera and the City of Corpus Christi, Texas pending in the County Court at
Law No. 3 of Nueces County, Texas.
* Executive session under Texas Government Code Section 551.071(2) for
consultation with its attorney regarding certain property rights at Lake Corpus Christi,
with possible discussion and action in open session.
The Council went into executive session. The Council returned from executive session and
the following motion was passed with the following vote:
I. MOTION NO. 2011-174
Motion authorizing the City Manager to execute a Legal Services Agreement with Timothy L.
Brown to advise the City on water rights and general water law issues, and represent the
City before administrative agencies and members of the Texas Legislature, at an hourly rate
of $175.00, plus expenses, subject to certification of funds.
The foregoing motion was passed and approved with the following vote: Adame, Adler,
Elizondo, Kieschnick, Loeb, Marez, Martinez, and Scott, voting "Aye"; Leal was absent.
PUBLIC HEARINGS
Mayor Adame referred to Item 13, and a motion was made, seconded and passed to open
the public hearing on the following zoning case:
Case No. 0711-01, Donald & Patricia Zylks: A change of zoning from "RS -TF" Two -Family
District (formerly "R-2" Multiple Dwelling District) to "ON" Office District (formerly "AB"
Professional Office District) resulting in a change of future land use from a medium -density
residential use to an office use. The property to be re -zoned is described as Corpus Christi
Retirement Residence Addition, Block 1, Lot 1, located along the north side of Lipes
Boulevard, west of South Staples Street (FM 2444).
City Planner Miguel Saldana referred to a powerpoint presentation including an aerial view;
the existing and future land use map; ownership map; views of the subject property; location of
surrounding business; and a site plan. Mr. Saldana stated that the Planning Commission and staff
recommended approval of the applicant's request for a change in zoning from the "RS -TF" Two -
Family District to the "ON" Office District.
No one appeared in opposition to the zoning change. Mr. Elizondo made a motion to close
the public hearing, seconded by Mr. Marez, and passed. Mr. Chapa polled the Council fortheirvotes
as follows:
Minutes — Regular Council Meeting
August 23, 2011 — Page 6
13. ORDINANCE NO. 029172
Amending the Unified Development Code (UDC), upon application by Donald and Patricia
Zylks, by changing the UDC Zoning Map in reference to Corpus Christi Retirement
Residence Addition, Block 1, Lot 1, from the "RS -TF" Two Family District (formerly "R-2"
Multiple Dwelling District) to the "ON" Office District (formerly "AB" Professional Office
District), amending the Comprehensive Plan to account for any deviations from the existing
Comprehensive Plan; providing for a repealer clause; providing a penalty; providing for
publication.
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Adame, Adler, Elizondo, Kieschnick, Loeb, Marez, Martinez, and Scott,
voting "Aye"; Leal was absent.
Mayor Adame referred to Item 14, and a motion was made, seconded and passed to open
the public hearing on the following Unified Development Code amendments:
14. Presentation and Public Hearing to consider amendments to the Unified Development Code,
including new ordinances promoting clustered and mixed-use development, alternative
housing options, establishment of Overlay and Special Overlay Districts, and other new
development ordinances.
Interim Assistant City Manager Rudy Garza stated that staff is recommending postponing
this item until September 13th, Mr. Kieschnick made a motion to table Item 14 until September 13th,
seconded by Ms. Martinez. City Secretary Chapa polled the Council for their votes as follows:
The foregoing motion was passed and approved with the following vote: Adame, Adler,
Elizondo, Kieschnick, Loeb, Marez, Martinez, and Scott, voting "Aye"; Leal was absent.
14. TABLED TO SEPTEMBER 13, 2011
housing options, establishment of Overlay and Special Overlay Districts, and othor-now
development ordinancoc.
REGULAR AGENDA
Mayor Adame referred to Item 15 regarding setting a property tax rate of $0.570557 per $100
valuation. Interim Director of Financial Services Constance Sanchez explained that this item is
setting the property tax rate for tax year 2011 at a rate if $0.570557 per $100 valuation (effective tax
rate). City Secretary Chapa polled the Council for their votes as follows:
15. FIRST READING ORDINANCE
Setting a property tax rate of $0.570557 per $100 valuation; prescribing the property taxes to
be levied, assessed, and collected by the City of Corpus Christi, Texas for tax year 2011 and
for each succeeding year thereafter until otherwise provided and ordained and such other
years as the same may be applicable.
The foregoing ordinance was passed and approved on its first reading with the following
vote: Adame, Adler, Elizondo, Kieschnick, Loeb, Marez, Martinez, and Scott, voting "Aye";
Leal was absent.
Minutes — Regular Council Meeting
August 23, 2011 — Page 7
Mayor Adame referred to Item 16 regarding a license agreement to operate at the Bayfront
Park Kiosk. Procurement Manager Paul Pierce explained that this ordinance authorizes a licensing
agreement for use of the Bayfront Park kiosk with Amarillo Sports Services, Inc. dba Game Time
Food and Beverage Services to allow for the operation of the facility as a food and beverage
concession. City Secretary Chapa polled the Council for their votes as follows:
16. FIRST READING ORDINANCE
Authorizing the City Manager or designee to execute a license agreement with Amarillo
Sports Services, Inc. d/b/a Game Time Food & Beverage Services for operation of Bayfront
Park Kiosk.
The foregoing ordinance was passed and approved on its first reading with the following
vote: Adame, Adler, Elizondo, Kieschnick, Loeb, Marez, Martinez, and Scott, voting "Aye";
Leal was absent.
Mayor Adame opened discussion on Item 17 regarding the renewal of lobbying contracts.
Interim Assistant City Manager Rudy Garza explained that this item is the annual renewal lobbying
contracts with Focused Advocacy at the state level and Meyers & Associates at the federal level.
City Secretary Chapa polled the Council for their votes as follows:
17.a. MOTION NO. 2011-172
Motion authorizing the City Manager to execute a renewal agreement between the City of
Corpus Christi and Focused Advocacy for state governmental relations services.
The foregoing motion was passed and approved with the following vote: Adame, Adler,
Elizondo, Kieschnick, Loeb, Marez, Martinez, and Scott, voting "Aye"; Leal was absent.
17.b. MOTION NO. 2011-173
Motion authorizing the City Manager to execute a renewal agreement between the City of
Corpus Christi and Meyers & Associates for federal governmental relations services.
The foregoing motion was passed and approved with the following vote: Adame, Adler,
Elizondo, Kieschnick, Loeb, Marez, Martinez, and Scott, voting "Aye"; Leal was absent.
Mayor Adame opened discussion Item 18 regarding the Triple Crown and Citation Drive Area
Improvements for the Base Bid plus Additive Alternate No. 2. Director of Engineering Services Pete
Anaya provided an overview of the project including the proposals received; the project scope and
recommendation to award the contract to Bridges Specialties. City Secretary Chapa polled the
Council for their votes as follows:
18. FAILED TO PASS
Citation Drive Area Improvements for the Base Bid plus Additive Alternate No. 2
The foregoing motion failed with the following vote: Adame, Loeb, Marez, and Martinez,
voting "Aye"; Adler, Elizondo, Kieschnick, and Scott, voting "No"; Leal was absent.
Minutes — Regular Council Meeting
August 23, 2011 — Page 8
Mr. Kieschnick made a motion to award the contract to the second low bidder and/or re -open
the project for bids. A discussion ensued regarding the legality of awarding to the second low bidder
and tabling the item for further discussion next week.
Mr. Kieschnick made a motion to reconsider Item 18. The motion was seconded by Ms.
Martinez and passed. Mr. Kieschnick made a motion to table Item 18 until August 30`h to receive
further information from the project manager on the Salt Flats Levy Project. The motion was
seconded by Mr. Loeb.
The foregoing motion was passed and approved with the following vote: Adame, Adler,
Elizondo, Kieschnick, Loeb, Marez, Martinez, and Scott, voting "Aye"; Leal was absent.
PRESENTATIONS
Mayor Adame referred to Item 20 regarding the Bayfront Development Plan Phase 3 Project:
Shoreline Boulevard Realignment and Master Schedule Update (BOND ISSUE 2008). Director of
Engineering Services introduced Assistant Director of Engineering Dan Biles and Carl Crull with
HDR Engineering. Mr. Biles referred to a powerpoint presentation including the Bond 2008 project;
placemaking at Destination Bayfront; the primary Phase 3 tasks; average daily traffic on Shoreline;
the five (5) realignment options evaluated; project schedule; and minimal 4 lane option project
budget.
PUBLIC COMMENT
Mayor Adame called for petitions from the audience. The following citizens spoke regarding
the following issues: Dr. Gloria Scott — public involvement in the Bayfront Development Plan; Bill
Kopecky — general public input and traffic issues in the Bayfront Development Plan; Samantha
Sandate — The Dream Act; Ridge Hammons — invited the Council to attend and participate in the
HELP "Hits the High Notes" fundraiser on November 3`d; Ron Benavides — encouraged the Council
to participate in the HELP "Hits the High Notes" fundraiser; Mae Milligan — requested assistance for
speed bumps on the corner of Palm Drive; Lucy Rubio — encouraged the Council to approve Citation
Drive Area improvements; Abel Alonzo—applauded Haas -Anderson Construction for their work on
the water main break in front of the Courthouse; Kenneth Gajdos — cooperative effort between the
City and County on County Road 52 and County Road 69.
There being no further business to come before the Council, Mayor Adame adjourned the
Council meeting at 2:49 p.m. on August 23, 2011.
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 August 23, 2011 which were approved by the City
Council on August 30, 2011.
WITNESSETH MY HAND AND SEAL, on this the 30th day of August, 2011.
Armando Chapa
City Secretary
SEAL