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HomeMy WebLinkAboutMinutes City Council - 10/25/2011I HEREBY CERTIFY that the foregoing is a true and correct copy of the minutes of the Regular Meeting of the Corpus Christi City Council of October 25, 2011 which were approved by the City Council on November 8, 2011. WITNESSETH MY HAND AND SEAL, on this the 8th day of November, 2011. Armando Chapa City Secretary SEAL INDEXED Present: Mayor Joe Adame Council Members: Chris N. Adler Larry Elizondo, Sr. Kevin Kieschnick Priscilla Leal David Loeb John Marez Nelda Martinez Mark Scott MINUTES City of Corpus Christi, Texas Regular Council Meeting October 25, 2011 - 12:00 p.m. City Staff: City Manager Ronald L Olson City Attorney Carlos Valdez City Secretary Armando Chapa Assistant City Secretary Mary Juarez Mayor Adame called the meeting to order in the Council Chambers of City Hall. The invocation was delivered by Pastor Kyle Livingston, Southside Community Church and the Pledge of Allegiance to the United States Flag was led by Council Member Priscilla Leal. 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 October 18, 2011. A motion was made and passed to approve the minutes as presented. CONSENT AGENDA Mayor Adame called for consideration of the Consent Agenda (Items 2 - 10). Council Members requested that Item No. 3 be pulled for individual consideration. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 2. MOTION NO. 2011-235 Motion approving a service agreement with Gear Cleaning Solutions, LLC of Dallas, Texas for Inspection, Cleaning and Repair of Bunker Gear in accordance with Bid Invitation No. BI -0164-11, based on low bid for an estimated annual expenditure of $81,164. The term of the service agreement will be for twelve months with an option to extend for up to two additional twelve month periods subject to the approval of the supplier and the City Manager or designee. Funds are available in the Fire Department in FY 2011-2012. The foregoing motion was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Loeb, Martinez and Scott, voting "Aye"; Marez was absent. 4.a. ORDINANCE NO. 029259 Ordinance appropriating $37,500 from the Unreserved Fund Balance in the No. 1140 Business / Job Development for a grant from the Corpus Christi Business and Job Development Corporation Small Business Projects to Del Mar College or the Procurement Minutes - Regular Council Meeting October 25, 2011 Page 2 Technical Assistance Center; and changing the FY 2011-2012 Operating Budget adopted by Ordinance No. 029155 to increase appropriations by $37,500. An emergency was declared and the foregoing ordinance was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Loeb, Martinez and Scott, voting "Aye"; Marez was absent. 4.b. RESOLUTION NO. 029260 Resolution approving the Small Business Incentives Agreement between the Corpus Christi Business and Job Development Corporation ("Type A Board") and Del Mar College, which provides a grant of $37,500 for support of the Procurement Technical Assistance Center ("PTAC"); and authorizing the City Manager or designee to execute the Small Business Incentives Project Service Agreement with the Type A Board for the implementation and administration of the Small Business Incentives agreement. The foregoing resolution was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Loeb, Martinez and Scott, voting "Aye"; Marez was absent. 5.a. MOTION NO. 2011-237 Motion adopting the timetable for the FY2012 Consolidated Annual Action Plan (CARP) that is the planning and application process for the Community Development Block Grant (CDBG), Emergency Solutions Grant (ESG) (formerly Emergency Shelter Grant), and HOME Investment Partnerships Program (HOME). The foregoing motion was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Loeb, Martinez and Scott, voting "Aye"; Marez was absent. 5.b. MOTION NO. 2011-238 Motion reaffirming City Council Policy No. 9 which consists of Community Development Block Grant and HOME Investment Partnerships Program objectives and guidelines. The foregoing motion was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Loeb, Martinez and Scott, voting "Aye"; Marez was absent. 6. RESOLUTION NO. 029261 Resolution authorizing the City Manager or designee to submit a grant application to the U. S. Department of Housing and Urban Development in an amount not to exceed $1,452,183 for the "Home 2011" Continuum of Care Homeless Assistance Grant and to execute all related documents. The foregoing resolution was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Loeb, Martinez and Scott, voting "Aye"; Marez was absent. Minutes - Regular Council Meeting October 25, 2011 Page 3 7.a. RESOLUTION NO. 029262 Resolution ratifying acceptance by the City Manager or designee of a grant from the U. S. Department of Housing and Urban Development for the 2010 Community Development Block Grant Program in the amount of $175,828 and authorizing the execution of all documents necessary for the Avance, Inc., project. The foregoing resolution was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Loeb, Martinez and Scott, voting "Aye"; Marez was absent. 7.b. ORDINANCE NO. 029263 Ordinance appropriating a grant of $175,828 from the U. S. Department of Housing and Urban Development in the No. 1059 Grant Fund for the 2010 Community Development Block Grant Program for the Avance, Inc,, project. An emergency was declared and the foregoing ordinance was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Loeb, Martinez and Scott, voting "Aye"; Marez was absent. 8. MOTION NO. 2011-239 Motion authorizing the City Manager or designee to execute a Job Order Construction Contract with Haeber Roofing of Corpus Christi, Texas in the amount of $138,172.27 for Joe Garza Recreation Center Re -Roof. The foregoing motion was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Loeb, Martinez and Scott, voting "Aye"; Marez was absent. 9. ORDINANCE NO. 029264 Amending the Code of Ordinances, City of Corpus Christi Chapter 14 "Development Services," Article XIII "Development Service Fees," by revising the heading and references at Division 4 and at Section 14-1341 from "Platting Ordinance Fees," to "Unified Development Code Fees"; by revising certain fees and charges at Section 14-1341; by revising certain fees and charges at Chapter 55 "Utilities," Article V "Taps and Connections," Section 55-70 "Adoption of Rules, Regulations and Water and Gas Fees"; and by revising certain fees and charges at Section 55-71 "Sewer Tapping Fees"; providing for publication. (First Reading -10/18/11) The foregoing ordinance was passed and approved on second reading with the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Loeb, Martinez and Scott, voting "Aye"; Marez was absent. 10. ORDINANCE NO. 029265 Amending the Article X, Chapter 14, Code of Ordinances, City of Corpus Christi, regarding storm water quality management plans, pollution control plans, pollution control measures, and small construction site notices; providing for penalties; and providing for publication. Minutes - Regular Council Meeting October 25, 2011 Page 4 The foregoing ordinance was passed and approved on second reading with the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Loeb, Martinez and Scott, voting "Aye"; Marez was absent. The following item was pulled for individual consideration and was voted on separately. There were no comments from the audience. City Secretary Chapa polled the council for their votes as follows: 3. MOTION NO. 2011-236 Motion approving a service agreement with Sweeping Services of Texas — Operating, LP of Grand Prairie, Texas for street sweeping services in accordance with Bid Invitation No. BI -0013-12, based on lowest responsive bid, for an estimated two-year expenditure of $787,054, of which $295,145.25 is budgeted for FY 2011-2012. The term of the agreement shall be for twenty-four months with an option to extend for up to two additional twelve month periods, subject to the approval of the supplier and the City Manager or designee. The service will be administered by the Storm Water Department. The foregoing motion was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Loeb, Martinez and Scott, voting "Aye"; Marez was absent. EXECUTIVE SESSIONS Mayor Adame announced the executive sessions which were listed on the agenda as follows: * Executive session pursuant to 551.071 of the Texas Government Code to consult with attorneys regarding Cause. No. 2011 DCV -5073-C styled Ex Parte City of Corpus Christi, Texas presently pending in the 94th District Court of Nueces County, Texas, with possible discussion and action in open session. * Executive Session under Texas Government Code Section 551.071 for private consultation with its attorney regarding City of Corpus Christi TPDES Permit No. W00010401006 EPA ID No. TX0047082, TPDES Permit No. W00010401005 EPA ID No. TX0047066, TPDES Permit No. W00010401003 EPA ID No. TX0047074, TPDES Permit No. WQ0010401008 EPA ID No. TX0047104, TPDES Permit No. WQ0010401004 EPA ID No. TX0047058 , and TPDES Permit No. W00010401009 EPA ID No. TX0047121, (CN60011858, RN 101610327), with possible discussion and action in open session. * Executive session under Texas Government Code Section 551.071 regarding Cause No. 2011 -DVC -1103-C, J.D. Maldonado et al vs. City of Corpus Christi, in the 94th District Court, Nueces County, Texas, 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: Minutes - Regular Council Meeting October 25, 2011 Page 5 I. MOTION NO. 2011-242 Motion authorizing the City Manager to execute a legal services agreement with Martin Rochelle of Lloyd, Gosselink, Rochelle & Townsend, P.C. to represent the City in proceedings related to six proposed administrative orders from the U.S. Environmental Protection Agency related to the six wastewater treatment plants owned and operated by the City, at an hourly rate of $295.00, plus expenses, subject to certification of funds. The foregoing motion was passed and approved with the following vote: Adame, Elizondo, Kieschnick, Leal, Loeb, Marez, and Martinez, voting "Aye"; Adler and Scott were absent. Mayor Adame deviated from the agenda and referred to Item No. 29, a presentation by the Street Maintenance Finance Ad Hoc Advisory. Mr. Patrick Veteto, Chairman of Street Maintenance Finance Ad Hoc Advisory Committee provided a presentation including the funding options and evaluation criteria for the two plans; street metric change for the period 1980 - 2010; annual street maintenance budget per person; revised funding needs; full funding impact including cost per utility customer; reconstruction, overlay and seal coat; reduced funding impact including cost per utility customer, reconstruction, overlay and seal coat; cost per person comparison; and funding summary on the different options. PUBLIC HEARINGS Mayor Adame referred to Item No. 11, Amendments to Consolidation Annual Action Plans. Eddie Ortega, Director of Neighborhood Services. Eddie Oretga, Director of Neighborhood Services stated that they are proposing the following four amendments to the plan: to change the location and scope of work for a FY05 Community Development Block Grant project for Avance; cancel a FY08 CDBG-Recovery project for CPLIBrightBiz Direct Energy and reallocate the funding to an approved project for Neighborhood Centers; cancel a FY09 HOME Investment Partnerships Program project for Nueces County Mental Health and Mental Retardation and reprogram the funding in the FY12 CAAP; and change the scope of work for a FY09 CDBG project for Mary McLeod Bethune Day Nursery. A motion was made, seconded to open the public hearing. Mayor Adame asked for comments from the audience and there were none. Council Member Martinez made a motion to close the public hearing, seconded by Council Member Scott, and passed. Assistant City Secretary Juarez polled the council for their votes as follows: 11.b. MOTION NO. 2011-240 Motion to authorize the City Manager or designee following the conclusion of the public comment period required by the U. S. Department of Housing and Urban Development (HUD), to amend the FY05 Consolidated Annual Action Plan (CAAP) by changing the location and scope of work for a Community Development Block Grant (CDBG) project for Avance; to amend the FY08 CAAP by canceling the CDBG-Recovery (CDBG-R) project for CPL/BrightBiz Direct Energy and reallocating the funding to a project for Neighborhood Centers; to amend the FY09 CAAP by canceling a HOME Investments Partnership Program (HOME) project for Nueces County Mental Health and Mental Retardation, with a commitment to reprogram the funding in the FY12 CAAP; to amend the FY09 CAAP by changing the scope of work for a CDBG project for Mary McLeod Bethune Day Nursery; and to reinstate and execute all necessary documents with HUD and CAAP grantees as may be required to complete the affected projects. Minutes - Regular Council Meeting October 25, 2011 Page 6 The foregoing motion was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Loeb, Martinez, and Scott voting "Aye"; Leal and Marez were absent. ZONING CASE Mayor Adame referred to Item No. 12, and a motion was made, seconded and passed to open the public hearing on the following zoning case: Case No. 0811-01, Bruce S. Hawn: A change of zoning from the "RS -6" Single -Family District to the "FR" Farm Rural District, resulting in a closer conformity with the future land use from single -density residential use to a farm rural use. The property to be rezoned is described as Palmros Tract, Block 1, Lot 1A, Allen Tract, Block 1, 0.24 acre out of Lot 1, and Flour Bluff & Encinal Farm & Garden Tracts, Section 40, 8.23 acres out of Lots 15, 16, 17, located west of Flour Bluff Drive and north of Glenoak Drive. City Planner Miguel Saldana referred to a presentation including an aerial view of the subject property; the existing and future land use map; location of surrounding business; and a site plan. Mr. Saldana stated that the Planning Commission and staff recommend approval of the applicant's request for a change of zoning from the "RS -6" Single -Family District to the "FR" Farm Rural District. No one appeared in opposition to the zoning change. Council Member Martinez made a motion to close the public hearing, seconded by Council Member Scott, and passed. Assistant City Secretary Juarez polled the council for their votes as follows: 12. ORDINANCE NO. 029266 Amending the Unified Development Code, upon application by owner Bruce S. Hawn and wife, Nancy E. Hawn, by changing the UDC zoning map in reference to Palmros Tract, Block 1, Lot 1A, Allen Tract, Block 1, 0.24 acre out of Lot 1, and Flour Bluff and Encinal Farm and Garden Tracts, Section 40, 8.23 acres out of Lots 15, 16, 17, from the "RS -6" Single -Family 6 District to the "FR" Farm Rural District, 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, Elizondo, Kieschnick, Loeb, Martinez and Scott, voting "Aye"; Leal and Marez were absent. REGULAR AGENDA Mayor Adame referred to Item No. 13. Pete Anaya, Director of Engineering stated that this item relates to the submittal of a grant application for the Park Road 22 bridge project. Mayor Adame asked for comments from the audience. There were no comments. Assistant City Secretary Juarez polled the council for their votes as follows: Minutes - Regular Council Meeting October 25, 2011 Page 7 13. RESOLUTION NO. 029267 Resolution authorizing the City Manager or designee to submit a grant application in the amount of $12,500,000 to the U.S. Department of Transportation (DOT) National Infrastructures Investments Program for funding eligible under the Transportation Investment Generating Economic Recovery (TIGER) Discretionary Grant Program to be used for the construction of Park Road 22 Bridge, inclusive of a City match of $2,500,000, 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, Loeb, Marez, Martinez and Scott, voting "Aye"; Leal was absent. Mayor Adame referred to Item No. 14. Pete Anaya, Director of Engineering stated that this item relates to Shoreline stabilization improvements at Cole Park. Mayor Adame asked for comments from the audience. There were no comments. Assistant City Secretary Juarez polled the council for their votes as follows: 14. MOTION NO. 2011-241 Motion authorizing the City Manager or designee to execute a construction contract with SafeNet Services, LLC of Corpus Christi, Texas, in the amount of $385,284.56 for the Cole Park Renovations and Improvements for the Base Bid plus Additive Alternates 1, 2 and 3. (BOND 2008) The foregoing motion was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Loeb, Martinez and Scott, voting "Aye"; Leal and Marez were absent. FIRST READING ORDINANCES Mayor Adame referred to Item No. 15. Johnny Perales, Assistant City Manager stated that this item is a first reading ordinance adopting an amendment to the Comprehensive Plan for the Beach area. Mayor Adame asked for comments from the audience. There were no comments. Assistant City Secretary Juarez polled the council for their votes as follows: 15. FIRST READING ORDINANCE Amending the Comprehensive Plan for the City of Corpus Christi by amending the Port/AirportNiolet Area Development Plan area boundary to delete the Rincon Channel areas; amending the boundaries of the North Central Area Development Plan to include Rincon Channel areas; providing for a new plan name of the North Central, Area Development Plan to the Corpus Christi Beach Development Plan; amending the Comprehensive Plan by adopting the Corpus Christi Beach Development Plan which incorporates a comprehensive rezoning strategy, policies for growth and development, a prioritized project list for consideration in the City's Capital Budget Improvement Plan, legislative priorities and direction in seeking partnerships and grants from various entities, repealing portions of Ordinance 022166 pertaining to the North Central Area Development Plan; amending related elements of the Comprehensive Plan including the Future Land Use Plan adopted by Ordinance 028504; providing for an effective date; and providing for publication. Minutes - Regular Council Meeting October 25, 2011 Page 8 The foregoing ordinance was passed and approved on first reading with the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Loeb, Marez, Martinez and Scott, voting "Aye". FUTURE AGENDA ITEMS: Mayor Adame referred to the Future Agenda Item section on the agenda. Items 16 - 27. Mayor Adame stated that these items are for informational purposes only and that no action or public comment will be taken at this time. Council members pulled items 16 through 20 for discussion. Staff also provided a presentation on the items 21 through 25. 16. Motion approving the purchase of play structures and park equipment from T.F. Harper & Associates LP, of Austin, Texas based on the Cooperative Purchasing Agreement with the Texas Local Government Cooperative, in the amount of $77,718.28. The purchase is for new and replacement park equipment for Molina Veteran's Park, Airline Park, Turtle Cove Park, Bel Aire Park, Lindale Park, Lawson Park and Inwood Park. Funding is budgeted and available in the Parks and Recreation 2010 General Obligation (BOND 2008) Capital Improvement Project Fund. 17. Motion authorizing the lease purchase of one tractor and flex -wing cutter from Lansdowne - Moody Co., L.P., of Houston, Texas, for a total amount of $80,000, of which $18,541.55 is required for the remainder of FY 2011-2012. The award is based on the Cooperative Purchasing Agreement with the Houston -Galveston Area Council of Governments (H -GAC). Funds are available in the Airport Fund in FY 2011-2012. 18.a. Motion authorizing the City Manager or designee to execute an amendment to extend a lease agreement for two years, with an option for three, one-year extensions, with Wilson Plaza Associates LP, for approximately 4,802 -square feet at the Wilson Building, 606 N. Carancahua, Suite #105, for $4,802 monthly rental payment, for the Juvenile Assessment Center. 18.b. Motion authorizing the City Manager or designee to execute an amendment to extend a lease agreement for two years, with an option for three, one-year extensions, with Wilson Plaza Associates L.P., for approximately 4,710 -square feet at the Wilson Building, 606 N. Carancahua, Suite #113-A for $5,800.45 monthly rental payment to house the City's Magistration and Detention Center. 18.c. Motion authorizing the City Manager or designee to execute an amendment to extend a lease agreement for two years, with an option for three, one-year extensions, with Wilson Plaza Associates L.P., for approximately 5,443 -square feet at the Wilson Building, 606 N. Carancahua, Suite #113 for $6,197.83 monthly rental payment to house the Municipal Environmental and Juvenile Courts. 19. Motion authorizing the City Manager or designee to execute a service contract with the Texas Water Development Board for the Volumetric and Sedimentation Surveys of Lake Corpus Christi and Choke Canyon Reservoir. 20.a. Ordinance changing the FY 2012 Capital Improvement Budget adopted by Ordinance No. 029135 to increase revenues and expenditures in the amount of $34,800 for the addition of Project #E11114, BS 286A (Ayers Street) from Holly Road to SH 357 (Saratoga Boulevard) Project. Minutes - Regular Council Meeting October 25, 2011 Page 9 20.b. Resolution authorizing the City Manager or designee to execute an Interlocal Agreement with the Texas Department of Transportation (TXDOT) for an Advance Funding Agreement for Voluntary Local Government Contributions to Transportation Improvement Projects with no required match for the adjustment of water valves during the rehabilitation and widening of BS 286A (Ayers Street). 21. Motion authorizing the City Manager or designee to execute Amendment No. 1 to the Contract for Professional Services with LNV Engineering, Inc. of Corpus Christi, Texas, in the amount of $245,158 for the Broadway Wastewater Treatment Plant Effluent Line Rehabilitation. 22. Motion authorizing the City Manager or designee to execute a Contract for Professional Services with Freese and Nichols, Inc. of Corpus Christi, Texas, in the amount of $61,551 for the Oso Water Reclamation Plant Nutrient Removal Project — Peer Review. (CIP- WASTEWATER 02) 23. Motion authorizing the City Manager or designee to execute a construction contract with Bridges Specialties, Inc. of Sandia, Texas in the amount of $208,000 for construction of the Salt Flats Levee System, Phase 1 (Short Term Improvements). 24. 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, in the amount of $116,860 for the Allison Wastewater Treatment Plant Mechanical Bar Screen and Grit Removal Improvements. 25. Motion to authorize the City Manager or designee to execute a contract with Trillion Av, L. L.C., for a term of one year, with option to extend for up to four additional one year terms, for Aviation Business Consultant Services for the Corpus Christi International Airport, with first year cost of $110,000. FUTURE PUBLIC HEARINGS: 26. Zoning Case No. 0911-02, Red Ace Saratoga, Ltd: A change of zoning from the "CG -2" General Commercial District to "IL" Light Industrial District; located west of the intersection of Saratoga Boulevard and Weber Road. 27. Zoning Case No. 0911-03, Calallen Baptist Church: A change of zoning from the "RS -6" Single -Family 6 District to "CN -1" Neighborhood Commercial District; located between Middle Lane and West Buckhorn Street, west of Interstate Highway 37. UPDATES TO CITY COUNCIL: Mayor Adame referred to Item No. 28, Presentation on New Broadway Wastewater Treatment Plant. Pete Anaya, Director of Engineering provided a presentation including an overview of the facility and site plan of the project; described the improvements to Phase 1 and Phase 11; the project schedule status; on-going schedule recovery plan; construction budget status; explained the headwork area and construction of walls; aeration basins, the secondary clarifiers; UV structure; aerated sludge basins; sludge dewatering building; construction of decks; and the installation of electrical conduit. Minutes - Regular Council Meeting October 25, 2011 Page 10 PUBLIC COMMENT Mayor Adame called for comments from the public. Jack Gordy, spoke regarding illegal signs; Robert Wood, Felipe Martinez, Unidentified Citizen, Megan Sweeney, Koby Deez and Daniel Lucio spoke about the Occupy Corpus Christi movement. CITY MANAGER COMMENTS There were no city manager comments. There being no further business to come before the Council, Mayor Adame adjourned the Council meeting at 4:05 pm on October 25, 2011.