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HomeMy WebLinkAboutMinutes City Council - 12/13/2011I 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 December 13, 2011 which were approved by the City Council on January 10, 2012. WITNESSETH MY HAND AND SEAL, on this the 10th day of January, 2012. 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 December 13, 2011 - 12:00 p.m. City Staff: City Manager Ronald L. Olson City Attorney Carlos Valdez City Secretary Armando Chapa Mayor Joe Adame called the meeting to order in the. Council Chambers of City Hall. The invocation was delivered by Mayor Joe Adame and the Pledge of Allegiance to the United States Flag was led by Council Member Kevin Kieschnick. 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 December 6, 2011. A motion was made and passed to approve the minutes as presented. BOARD APPOINTMENTS The council made the following reappointments and new appointments to the city's boards, commissions and committees: Advisory Committee on Community Pride J. Kyle Davidson, Reappointed Elisa Macias, Reappointed Stefany Tegeler Schade, New Appointment Jason Haviland, New Appointment Corpus Christi Aquifer Storage and Recovery Conservation District Gustavo Gonzalez, Reappointed Oscar Martinez, Reappointed Corpus Christi Regional Economic Development Corporation Sam Beecroft (City), Reappointed Electrical Advisory Committee Jared Merdes (Registered Engineer), Reappointed David Schury (Commercial Builder), Reappointed Minutes - Regular Council Meeting December 13, 2011 Page 2 Marina Advisory Committee Dan Leyendecker (Engineer), Reappointed John Adams (Environmentalist), Reappointed Robert Cagle, Reappointed Curt Broomfield, Reappointed Ron Behnke, New Appointment Watershore and Beach Advisory Committee Cameron Perry (Engineer), Reappointed Jake Herring (Environmentalist), Reappointed Neil McQueen, Reappointed Jay Gardner, Reappointed Corbett Pool, New Appointment Mayor Adame deviated from the agenda and referred to Item No. 32. Mr. David Mendez, Bickerstaff Delgado Heath Acosta, LLP stated that they have developed an Illustrative Plan that will demonstrate to the community the reallocation of the population among the council member districts in accordance with the guidelines adopted by the council. He stated that based on 2010 census data, the council member districts are 21.47% out of balance. He referred to a table that outlined the specific changes in each council member district. Mr. Mendez stated he is recommending a public hearing on January 5, 2012 to be held jointly between the City of Corpus Christi and Del Mar College so that the community can examine the City Council and Del Mar College maps. Mayor Adame asked for comments from the audience. There were no comments. City Secretary Chapa polled the council for their votes as follows: 32.a. MOTION NO. M2011-291 Motion designating a Draft Redistricting Plan for the City of Corpus Christi as an Illustrative Plan to be proposed for public consideration and comment. The foregoing motion was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Loeb, Marez, Martinez and Scott, voting "Aye". 32.b. RESOLUTION NO. 029338 Resolution designating a Redistricting Illustrative Plan for public hearing and establishing a public hearing date. The foregoing resolution was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Loeb, Marez, Martinez and Scott, voting "Aye". CONSENT AGENDA Mayor Adame called for consideration of the Consent Agenda (Items 3 - 30). Council members requested that items 4, 24 and 29 be pulled for individual consideration. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: Minutes - Regular Council Meeting December 13, 2011 Page 3 3. MOTION NO. M2011-269 Motion approving the lease purchase of one (1) Pierce rescue pumper from Siddons Fire Apparatus, Inc., of Manor, Texas in the amount of $425,000 of which $7,589.57 is required for FY 2011-2012. The award is based on the cooperative purchasing agreement with the Texas Local Government Cooperative. The rescue pumper will be used by the Fire Rescue Division of the Fire Department. Funds for the lease purchase of the rescue pumper will be provided through the City's lease/financing program. The foregoing motion was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Loeb, Marez, Martinez and Scott, voting "Aye". 5. MOTION NO. M2011-271 Motion approving a supply agreement with Martin Marietta Materials, of San Antonio, Texas for approximately 4,000 tons of cold mix -cold laid asphalt and approximately 1,000 tons of pre -coated aggregate, in accordance with Bid Invitation No. BI -0018-12 based on lowest responsible bid for an estimated semi-annual expenditure of $287,000. The term of the contract will be for six months with an option to extend for up to five additional six month periods, subject to the approval for the supplier and the City Manager or designee. Funds are available in the Material Inventory Fund. The foregoing motion was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Loeb, Marez, Martinez and Scott, voting "Aye". 6. MOTION NO. 2011-272 Motion approving a repair work order with Smith Pump Company, Inc., of McAllen, Texas for the removal, repair, installation and start up of Raw Water Pump #3 located at Pump Station #1, based on sole source in the amount of $75,058. Funds are budgeted in the Water Department Fund in FY 2011-2012. The foregoing motion was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Loeb, Marez, Martinez and Scott, voting "Aye". 7. MOTION NO. 2011-273 Motion approving a supply agreement with Doggett Machinery, of Corpus Christi, Texas for the lease of a motor grader in accordance with Bid Invitation No. BI -0029-12, based on lowest responsible bid, for an estimated twenty-seven month expenditure of $184,005, of which $40,890 is budgeted for FY 2011-2012. The term of the agreement shall be for nine months (February -October) for three consecutive years beginning in 2012. Funding is budgeted and available in the Parks and Recreation FY 2011-2012 adopted. budget. The foregoing motion was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Loeb, Marez, Martinez and Scott, voting "Aye". Minutes - Regular Council Meeting December 13, 2011 Page 4 8. MOTION NO. 2011-274 Motion approving a service agreement with Tel West Network Services, of Austin, Texas for local and long distance telephone service, in accordance with Bid Invitation No. BI -0092- 11, based on lowest responsible bid, for an estimated three-year expenditure of $394,108.92, of which $76,632.29 is required and budgeted for the remainder of FY 2011- 2012. The term of the service agreement will be for three years with an option to extend for up to two additional twelve-month periods subject to the approval of the service provider and the City Manager or designee. Funds are budgeted in the Municipal Information System Fund for the remainder of 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, Leal, Loeb, Marez, Martinez and Scott, voting "Aye". MOTION NO. 2011-275 Motion approving service agreements with the following companies for the following amounts, in accordance with Bid Invitation No. BI -0195-11, based on lowest responsible bids for an estimated annual expenditure of $139,932.90, of which $81,627.53 is required for FY 2011-2012. The term of the contracts will be for twelve months with options to extend the agreements for up to two additional twelve month periods subject to the approval of the contractors and the City Manager or designee. Funds have been budgeted by the Water Department in FY 2011-2012. Dorome General Repair Corpus Christi, Tx Primary Contractor $54,167.40 Grand Total: $139,932.90 Pang Construction Corpus Christi, Tx Secondary Contractor $49,338.63 Abel's Paving & Construction Inc. Corpus Christi, Tx Tertiary Contractor $36,426.87 The foregoing motion was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Loeb, Marez, Martinez and Scott, voting "Aye". 10.a. ORDINANCE NO. 029305 Ordinance appropriating $22,700.21 in community contributions in the No. 4720 Community Enrichment Fund for improvements, and other related projects. An emergency was declared and the foregoing ordinance was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Leaf, Loeb, Marez, Martinez and Scott, voting "Aye". 10.b. MOTION NO. M2011-276 Motion approving the purchase and installation of a play structure from The PlayWell Group of Dallas, Texas, based on the cooperative purchasing agreement with the Texas Local Government Cooperative, in the amount of $65,408.67. The purchase is for new park Minutes - Regular Council Meeting December 13, 2011 Page 5 equipment for Lamar Park. Funding is budgeted and available in the Parks & Recreation 2010 General Obligation (Bond 2008) CIP Fund and the Community Enrichment Fund. The foregoing motion was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Loeb, Marez, Martinez and Scott, voting "Aye". 11.a. RESOLUTION NO. 029306 Resolution authorizing the City Manager or designee to execute the 2011 Sub -Recipient Agreement (SRA) and all related documents in the amount of $62,259 with the Texas Department of Public Safety/Texas Homeland Security State Administrative Agency (TXHLS-SAA) for FY 2011 Homeland Security Grant Program (HSGP), State Homeland Security Program (SHSP); and authorizing the City Manager or designee to accept, reject, alter or terminate the grant. The foregoing resolution was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Loeb, Marez, Martinez and Scott, voting "Aye". 11.b. ORDINANCE NO. 029307 Ordinance appropriating $62,259 from the Texas Department of Public Safety/Texas Homeland Security State Administrative Agency (TXHLS-SAA), FY 2011 Homeland Security Grant Program (HSGP), State Homeland Security Program (SHSP), into the No. 1062 Fire Grants Fund to carry out homeland security projects that will significantly improve local and regional terrorism prevention, preparedness, response and recovery capabilities. An emergency was declared and the foregoing ordinance was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Loeb, Marez, Martinez and Scott, voting "Aye". 12.a. RESOLUTION NO, 029308 Resolution authorizing the City Manager or designee to execute the 2011 Sub -Recipient Agreement (SRA) and all related documents in the amount of $59,643 with the Texas Department of Public Safety/Texas Homeland Security State Administrative Agency (TXHLS-SAA) for FY 2011 Homeland Security Grant Program (HSGP), State Homeland Security Program (SHSP), Law Enforcement Terrorism Prevention Activity (LETPA); and authorizing the City Manager or designee to accept, reject, alter or terminate the grant. The foregoing resolution was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Loeb, Marez, Martinez and Scott, voting "Aye". 12.b. ORDINANCE NO. 029309 Ordinance appropriating $59,643 from the Texas Department of Public. Safety/Texas Homeland Security State Administrative Agency (TXHLS-SAA), FY 2011 Homeland Security Grant Program (HSGP), State Homeland Security Program (SHSP), into the No. 1062 Fire Grants Fund to carry out law enforcement terrorism prevention and protection- Minutes - Regular Council Meeting December 13, 2011 Page 6 oriented activities (LETPA) such as planning, organization, training, exercises and purchase needed equipment. An emergency was declared and the foregoing ordinance was "passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Loeb, Marez, Martinez and Scott, voting "Aye". 13.a. RESOLUTION NO. 029310 Resolution authorizing the City Manager or designee to execute the 2011 Sub -Recipient Agreement (SRA) and all related documents in the amount of $267,608.35 with the Texas Department of Public Safety/Texas Homeland Security State Administrative Agency (TXHLS-SAA) for FY 2011 Homeland Security Grant Program (HSGP), Metropolitan Medical Response System (MMRS); and authorizing the City Manager or designee to accept, reject, alter or terminate the grant. The foregoing resolution was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Loeb, Marez, Martinez and Scott, voting "Aye". 13.b. ORDINANCE NO. 029311 Ordinance appropriating $267,608.35 from the Texas Department of Public Safety/Texas Homeland Security State Administrative Agency (TXHLS-SAA), FY 2011 Homeland Security Grant Program (HSGP), Metropolitan Medical Response System Program (MMRS), into the No. 1062 Fire Grants Fund to support the integration of emergency management, health and medical systems into a coordinated response to mass casualty incidents caused by any hazard and purchase medical equipment. An emergency was declared and the foregoing ordinance was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Loeb, Marez, Martinez and Scott, voting "Aye". 14.a. RESOLUTION NO. 029312 Resolution authorizing the City Manager or designee to accept a grant in the amount of $49,990 from the United States Department of Transportation to enhance education, emergency response, and community awareness associated with pipeline safety issues and to execute all related documents; and ratifying acceptance of the grant to be effective September 29, 2011. The foregoing resolution was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Loeb, Marez, Martinez and Scott, voting "Aye". 14.b ORDINANCE NO. 029313 Ordinance appropriating a grant in the amount of $49,990 from the United States Department of Transportation in the No. 1053, Gas Grants Fund to enhance education, emergency response and community awareness associated with pipeline safety issues. Minutes - Regular Council Meeting December 13, 2011 Page 7 An emergency was declared and the foregoing ordinance was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Loeb, Marez, Martinez and Scott, voting "Aye". 15.a. RESOLUTION NO. 029314 Resolution authorizing the City Manager or designee to accept a grant of $440,354 from the Texas Department of State Health Services to provide for the Women, Infants and Children (WIC) Program, based on a $12.34 reimbursement for each participant served, and to execute all related documents; and ratifying acceptance of the grant to begin as of October 1, 2011. The foregoing resolution was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Loeb, Marez, Martinez and Scott, voting "Aye". 15.b. ORDINANCE NO. 029315 Ordinance appropriating a grant of $440,354 from the Texas Department of State Health Services in the No. 1066 Health Grants Fund to provide for the Women, Infants and Children Program, based on a $12.34 reimbursement for each participant served. An emergency was declared and the foregoing ordinance was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Loeb, Marez, Martinez and Scott, voting "Aye". 16.a. RESOLUTION NO. 029316 Resolution authorizing the City Manager or designee to accept a grant from the Texas General Land Office Coastal Management Program in the amount of $100,000 for the development and implementation of a wetland restoration plan for the Oso Bay Learning Center and Wetland Preserve, with a City match of $47,000 and a $20,000 cash match from the Coastal Bend Bays and Estuaries Program, Inc. and a total project cost of $167,000. The foregoing resolution was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Loeb, Marez, Martinez and Scott, voting "Aye". 16.b. ORDINANCE NO. 029317 Ordinance appropriating $100,000 from the Texas General Land Office Coastal Management Program and $20,000 from the Coastal Bend Bays and Estuaries Program, Inc., in the No. 1067 Parks and Recreation Grants Fund for the development and implementation of a wetland restoration plan for the Oso Bay Learning Center and Wetland Preserve. An emergency was declared and the foregoing ordinance was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Loeb, Marez, Martinez and Scott, voting "Aye". Minutes - Regular Council Meeting December 13, 2011 Page 8 16.c. MOTION NO. M2011-277 Motion authorizing the City Manager or designee to execute an agreement with the Coastal Bend Bays and Estuaries Program, Inc. for a $20,000 cash match for the Texas General Land Office Coastal Management Program. The foregoing motion was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Loeb, Marez, Martinez and Scott, voting "Aye". 17.a. MOTION NO, M2011-278 Motion authorizing the City Manager or designee to execute an agreement with the National Council on Aging for funding in the amount of $20,000 for the One Away Advocacy Campaign. The contract period will be May 23, 2011 through December 31, 2011. The foregoing motion was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Loeb, Marez, Martinez and Scott, voting "Aye". 17.b. ORDINANCE NO. 029318 Ordinance appropriating a $20,000 grant from the National Council on Aging in the No. 1067 Parks and Recreation Grants Fund for the Elder Voices video footage project. An emergency was declared and the foregoing ordinance was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Loeb, Marez, Martinez and Scott, voting "Aye". 18. ORDINANCE NO. 029319 Ordinance authorizing the resale of four (4) properties for minimum acceptable sales prices as follows, of which the City will receive $13,036.10, plus $3,719.35 for partial payment of City paving and demolition liens: (1) 402 Robert Drive; Lot 5, Block 1, Alameda Estates No. 3, in the amount of $12,000; (2) 5018 Cynthia Drive; Lot 34, Hilltop Village, in the amount of $1,000; (3) 7206 Eastphal Court; Lot 2, Block 3, Court of St. James Unit 2, in the amount of $53,875; and (4) 3626 Eastern; Lot 12, Airport Park Addition No. 2, in the amount of $2,000. An emergency was declared and the foregoing ordinance was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Loeb, Marez, Martinez and Scott, voting "Aye". 19. RESOLUTION NO. 029320 Resolution approving amendments to the City Investment Policy to incorporate legislative changes made in 2011 to the Public Funds Investment Act; and approving the investment policy as amended. The foregoing resolution was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Loeb, Marez, Martinez and Scott, voting "Aye". Minutes - Regular Council Meeting December 13, 2011 Page 9 20. RESOLUTION NO. 029321 Resolution affirming the Debt Management Policy for the City of Corpus Christi. The foregoing resolution was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Loeb, Marez, Martinez and Scott, voting "Aye". 21. MOTION NO. M2011-279 Motion authorizing the City Managerto execute a Deferment Agreement with Baker Hughes Oilfield Operations, Inc. (Developer), in the amount of $367,153.93 for public improvements including construction of water, wastewater and storm water improvements for the Deaton Baker Subdivision, Block 1, Lot 1 located on State Highway 44, west of South Clarkwood Road and east of County Road 57, in accordance with the Unified Development Code, Section 8.1.10, Requirements for Plat Recordation Prior to Final Acceptance of Infrastructure Based on Financial Security. The foregoing motion was passed and approved with the following vote: Adler, Elizondo, Kieschnick, Leal, Loeb, Marez, Martinez and Scott, voting "Aye"; Adame abstained. 22. MOTION NO. M2011-280 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 $61,906.54 for certain construction connected with Homeland Security protection. The foregoing motion was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Loeb, Marez, Martinez and Scott, voting "Aye". 23. MOTION NO. M2011-281 Motion authorizing the City Manager or designee to execute a construction contract with H2O Construction, of Harlingen, Texas in the amount of $555,197 for the Turtle Cove Park/Jester Drainage Improvements for the Base Bid. The foregoing motion was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Loeb, Marez, Martinez and Scott, voting "Aye". 25. ORDINANCE NO. 029323 Authorizing the transfer of $270,000 from the Hotel Occupancy Tax Fund No. 1030 to and appropriating in the General Fund No. 1020 for beach maintenance; and changing the FY 2011-2012 Operating Budget adopted by Ordinance No. 029155 to increase both revenues and expenditures in the General Fund by $270,000 each. The foregoing ordinance was passed and approved on second reading with the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Loeb, Marez, Martinez and Scott, voting "Aye". Minutes - Regular Council Meeting December 13, 2011 Page 10 26. ORDINANCE NO. 029324 Appropriating $120,090.66 in developer contributions and $553.65 in interest earnings for a sum of $120,644.31 in the No. 4720 Community Enrichment Fund for park improvements and other related projects. The foregoing ordinance was passed and approved on second reading with the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Loeb, Marez, Martinez and Scott, voting "Aye" 27. ORDINANCE NO. 029325 Appropriating $650,000 from the Sanitary Sewer Trunk System Trust Fund No. 540450- 21800-4220 to pay the Preserve at Mustang Island, LLC, for the construction and installation of a master plan lift station with 8 -foot diameter wet well, 8,376 -linear feet of a 4 -inch and 6 -inch PVC dual force main, and related appurtenances, located east of State Highway 361, south of Zahn Road. The foregoing ordinance was passed and approved on second reading with the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Loeb, Marez, Martinez and Scott, voting "Aye". 28. ORDINANCE NO. 029326 Authorizing the City Manager or designee to execute a Use Privilege Agreement with. Pietsch Realty Investments, LLC, (Owner and Permittee); granting and conveying a use privilege of a 4' x 20' section (80 -square foot portion) of public City sidewalk right-of- way as an outdoor seating space, in consideration of $560, a one-time use privilege fee; subject to compliance with the specified conditions. The foregoing ordinance was passed and approved on second reading with the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Loeb, Marez, Martinez and Scott, voting "Aye". 30. ORDINANCE NO. 029328 Amending Section 2-79 of the Code of Ordinances by authorizing an interlibrary loan service fee; providing an effective date; and providing for publication. The foregoing ordinance was passed and approved on second reading with the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Loeb, Marez, Martinez and Scott, voting „Aye„ The following items were pulled for individual consideration and were voted on separately. There were no comments from the audience. City Secretary Chapa polled the council for their votes as follows: Minutes - Regular Council Meeting December 13, 2011 Page 11 4. MOTION NO. M2011-270 Motion approving the lease purchase of 6,500 95196 -gallon curbside refuse containers from Toter Incorporated of Statesville, North Carolina for the total amount of $293,800, of which $31,479.72 is required for FY 2011-2012. The award is based on the cooperative purchasing agreement with the Houston -Galveston Area Council of Governments (H -GAC). The containers will be used in the City's automated collection program. Funds for the lease purchase of the curbside collection containers will be provided through the City's lease/purchase financing program. The foregoing motion was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Loeb, Marez, Martinez and Scott, voting "Aye". 24. ORDINANCE NO. 029322 Appropriating and approving the transfer of funds in the amount of $950,000 from the Unreserved Fund Balance in the No. 1020 General Fund for the prior and current expenditures including construction of the Aquarius Street project from Dasmarinas to Commodores into and appropriating in the Street Capital Improvement Fund No. 3530; and changing the FY 2011-2012 Operating Budget adopted by Ordinance No. 029155 by increasing appropriations by $950,000 in the No. 1020 General Fund. The foregoing ordinance was passed and approved on second reading with the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Loeb, Marez, Martinez and Scott, voting "Aye". 29. ORDINANCE NO. 029327 Amending the Code of Ordinances, Chapter 6, Section 6-103, entitled "Impoundment," to require an animal released from impoundment to have a microchip and provide for payment of the device; providing for penalties; providing for an effective date; and providing for publication. The foregoing ordinance was passed and approved on second reading with the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Loeb, Marez, Martinez and Scott, voting Aye". EXECUTIVE SESSIONS follows: Mayor Adame announced the executive sessions which were listed on the agenda as Executive session pursuant to Sections 551.071 and 551.072 of the Texas Government Code for legal advice on a matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with the Texas Open Meetings Act and deliberations regarding the value or lease of real property, with possible discussion and action in open session. Executive session pursuant to Section 551.087 of the Texas Government Code to deliberate regarding confidential commercial or financial information received from a Minutes - Regular Council Meeting December 13, 2011 Page 12 business prospect that the City Council seeks to have locate, stay or expand within the City and with which the City is conducting economic development negotiations and to deliberate possible offers of financial or other incentives to said business prospect. The council went into executive session. The council returned from executive session. Mayor Adame announced that no action would be taken on the executive sessions. MayorAdame deviated from the agenda and referred to Item No. 33, Destination Bayfront. MayorAdame stated that he is abstaining and will not participate in the discussions related to this item. Mr. J.J. Hart, Board Member statedthat the master implementation and phasing plan provides the necessary concept and schematic design work to move forward with the project. He added that they plan to develop the business plan which includes raising capital to building the park, revenue to operate the park, and an operating and expense budget for managing the park. Mr. Hart discussed the programming and concept design, schematic design for the park, project team, project roadmap and the project budget. Mayor Pro Tem Marez asked for comments from the audience. There were no comments. City Secretary Chapa polled the council for their votes as follows: 33. MOTION NO. M2011-292 Motion authorizing the City Manager or designee to execute a Contract for Professional Services with Hargreaves Associates, of San Francisco, California inthe amount of $1,315,137.50 for Destination Bayfront Master Implementation and Phasing Plan to include overall concept and schematic design phase services. The foregoing motion was passed and approved with the following vote: Adler, Elizondo, Leal, Loeb, Marez, Martinez and Scott, voting "Aye"; Adame abstained; Kieschnick was absent. PUBLIC HEARINGS Mayor Pro Tem Marez referred to Item No. 31. Rudy Garza, Assistant City Manager stated that they are recommending minor amendments to the Unified Development Code ordinances to make them more functional and align them with the development areas. A motion was made, seconded and passed to open the following public hearing. Carolyn Moon spoke in support of the ordinances. Council Member Martinez made a motion to close the public hearing, seconded by Council Member Leal and passed. City Secretary Chapa polled the council for their votes as follows: 31.a. MOTION NO. M2011-282 Motion to amend prior to second reading the ordinance amending the Unified Development Code by adding a new Sec. 6.6. as in accordance with the proposed changes noted at Attachments A. and B. of the "Agenda Memorandum for the City Council Meeting of December 13, 2011", and as incorporated within the proposed ordinances provided to Council for consideration prior to second reading. Minutes - Regular Council Meeting December 13, 2011 Page 13 The foregoing motion was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Loeb, Marez, Martinez and Scott, voting "Aye". 31.b. ORDINANCE NO. 029329 Amending the Corpus Christi Unified Development Code by adding a new Section 6.6. entitled, "Development Concept and Special Overlay Zoning Districts", relating to the establishment and use of specific development concept overlays and special overlay zoning districts; amending conflicting provisions of. the City's Comprehensive Plan; repealing conflicting ordinances; providing for penalties, publication and an effective date. The foregoing ordinance was passed and approved an second reading with the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Loeb, Marez, Martinez and Scott, voting "Aye". 31.c. MOTION NO. M201-283 Motion to amend prior to second reading the ordinance amending the Unified Development Code by adding a new Sec. 6.7. as in accordance with the proposed changes noted at Attachments A. and B. of the "Agenda Memorandum for the City Council Meeting of December 13, 2011", and as incorporated within the proposed ordinances provided to Council for consideration prior to second reading. The foregoing motion was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Loeb, Marez, Martinez and Scott, voting "Aye". 31.d. ORDINANCE NO. 029330 Amending the Corpus Christi Unified Development Code by adding a new Section 6.7. entitled, "Clustered Development Overlay Zoning District", relating to the use, regulations, and review standards for clustered development; amending conflicting provisions of the City's Comprehensive Plan; repealing conflicting ordinances; providing for penalties, publication and an effective date. The foregoing ordinance was passed and approved on second reading with the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Loeb, Marez, Martinez and Scott, voting "Aye". 31.e. MOTION NO. M2011-284 Motion to amend prior to second reading the ordinance amending the Unified Development Code by adding a new Sec. 6.8. as in accordance with the proposed changes noted at Attachments A. and B. of the "Agenda Memorandum for the City Council Meeting of December 13, 2011", and as incorporated within the proposed ordinances provided to Council for consideration prior to second reading. The foregoing motion was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Loeb, Marez, Martinez and Scott, voting "Aye". Minutes - Regular Council Meeting December 13, 2011 Page 14 31.f. ORDINANCE NO. 029331 Amending the Corpus Christi Unified Development Code by adding a new Section 6.8. entitled, "Mix Use Overlay District", relating to the use, regulations, and review standards for mixed use development; amending conflicting provisions of the City's Comprehensive Plan; repealing conflicting ordinances; providing for penalties, publication and an effective date. The foregoing ordinance was passed and approved on second reading with the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Loeb, Marez, Martinez and Scott, voting „Aye„ 31.g. MOTION NO. M2011-285 Motion to amend prior to second reading the ordinance amending the Unified Development Code by adding a new Sec. 6.11. as in accordance with the proposed changes noted at Attachments A. and B. of the "Agenda Memorandum for the City Council Meeting of December 13, 2011", and as incorporated within the proposed ordinances provided to Council for consideration prior to second reading. The foregoing motion was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Loeb, Marez, Martinez and Scott, voting "Aye". 31.h. ORDINANCE NO. 029332 Amending the Corpus Christi Unified Development Code by adding a new Section 6.11. entitled, "Uptown -Downtown Mixed -Use (MUS) Special Overlay District", relating to the establishment of a mixed-use special overlay district promoting mixed-use development within the uptown and downtown areas of the City; amending conflicting provisions of the City's Comprehensive Plan; repealing conflicting ordinances; providing for penalties, publication and an effective date. The foregoing ordinance was passed and approved on second reading with the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Loeb, Marez, Martinez and Scott, voting "Aye". 31.i. MOTION NO. M2011-286 Motion to amend prior to second reading the ordinance amending the Unified Development Code by adding a new Sec: 6.12. as in accordance with the proposed changes noted at Attachments A. and B. of the "Agenda Memorandum for the City Council Meeting of December 13, 2011", and as incorporated within the proposed ordinances provided to Council for consideration prior to second reading. The foregoing motion was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Loeb, Marez, Martinez and Scott, voting "Aye". Minutes - Regular Council Meeting December 13, 2011 Page 15 31j. ORDINANCE NO. 029333 Amending the Corpus Christi Unified Development Code by adding a new Section 6.12. entitled, "Target Area Redevelopment Special (TARS) Overlay District", relating to the use, regulations, and review standards promoting infill and redevelopment of designated targeted areas within the City limits; amending conflicting provisions of the City's Comprehensive Plan; repealing conflicting ordinances; providing for penalties, publication and an effective date. The foregoing ordinance was passed and approved on second reading with the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Loeb, Marez, Martinez and Scott, voting "Aye". 31.k. MOTION NO. M2011-287 Motion to amend priorto second reading the ordinance amending the Unified Development Code by adding a new Sec. 6.13. as in accordance with the proposed changes noted at Attachments A. and B. of the "Agenda Memorandum for the City Council Meeting of December 13, 2011", and as incorporated within the proposed ordinances provided to Council for consideration prior to second reading. The foregoing motion was passed and approved with the following vote: Adame, Adler, Efizondo, Kieschnick, Leal, Loeb, Marez, Martinez and Scott, voting "Aye". 31.1. ORDINANCE NO. 029334 Amending the Corpus Christi Unified Development Code by adding a new Section 6.13. entitled, "Streetscape Zone Standards", relating to the use, regulations and review standards for creation of streetscape zones; amending conflicting provisions of the City's Comprehensive Plan; repealing conflicting ordinances; providing for penalties, publication and an effective date. The foregoing ordinance was passed and approved on second reading with the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Loeb, Marez, Martinez and Scott, voting "Aye". 31.m. MOTION NO. M2011-288 Motion to amend priorto second reading the ordinance amending the Unified Development Code by adding a new Sec. 6.14. as in accordance with the proposed changes noted at Attachments A. and B. of the "Agenda Memorandum for the City Council Meeting of December 13, 2011", and as incorporated within the proposed ordinances provided to • Council for consideration prior to second reading. The foregoing motion was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Loeb, Marez, Martinez and Scott, voting "Aye". Minutes - Regular Council Meeting December 13, 2011 Page 16 31.n. ORDINANCE NO. 028335 Amending the Corpus Christi Unified Development Code by adding a new Section 6.14. entitled, "Alternative Housing Options", relating to the use, regulations and review standards for alternative housing options; amending conflicting provisions of the City's Comprehensive Plan; repealing conflicting ordinances; providing for penalties, publication and an effective date. The foregoing ordinance was passed and approved on second reading with the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Loeb, Marez, Martinez and Scott, voting "Aye". 31.o. MOTION NO. M2011-289 Motion to amend prior to second reading the ordinance amending the Unified Development Code by adding a new Sec. 7.11. as in accordance with the proposed changes noted at Attachments A. and B. of the "Agenda Memorandum for the City Council Meeting of December 13, 2011", and as incorporated within the proposed ordinances provided to Council for consideration prior to second reading. The foregoing motion was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Loeb, Marez, Martinez and Scott, voting "Aye". 31.p. ORDINANCE NO. 029336 Amending the Corpus Christi Unified Development Code by adding a new Section 7.11. entitled, "Neighborhood Mixed -Use (NMU) Development Standards", relating to the use, regulations and review standards for residential mixed-use development; amending conflicting provisions of the City's Comprehensive Plan; repealing conflicting ordinances; providing for penalties, publication and an effective date. The foregoing ordinance was passed and approved on second reading with the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Loeb, Marez, Martinez and Scott, voting "Aye". 31.q. MOTION NO. M2011-290 Motion to amend prior to second reading the ordinance amending the Unified Development Code by adding a new Sec. 7.12. as in accordance with the proposed changes noted at Attachments A. and B. of the "Agenda Memorandum for the City Council Meeting of December 13, 2011", and as incorporated within the proposed ordinances provided to Council for consideration prior to second reading. The foregoing motion was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Loeb, Marez, Martinez and Scott, voting "Aye". 31.r. ORDINANCE NO. 029337 Amending the Corpus Christi Unified Development Code by adding a new Section 7.12. entitled, "Adaptive Reuse Development Standards", relating to the use, regulations and Minutes - Regular Council Meeting December 13, 2011 Page 17 review standards for Adaptive Reuse and redevelopment of existing and historical structures; amending conflicting provisions of the City's Comprehensive Plan; repealing conflicting ordinances; providing for penalties, publication and an effective date. The foregoing ordinance was passed and approved on second reading with the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Loeb, Marez, Martinez and Scott, voting "Aye". REGULAR AGENDA • Mayor Adame referred to Item No. 34. City Manager Olson stated that this item is for the confirmation of the Fire Chief. He added that Mr. Rocha's first day of employment is December 19, 2011. Mayor Adame asked for comments from the audience. Carlos Torres, President of Corpus Christi Firefighter Association spoke in support of the process and the new Fire Chief. City Secretary Chapa polled the council for their votes as follows: 34. MOTION NO. M2011-293 Motion confirming the City Manager's appointment of Robert Rocha as Fire Chief. The foregoing motion was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Loeb, Marez, Martinez and Scott, voting "Aye". Mayor Adame referred to Item No. 35. Rebecca Huerta, Assistant to the City Manager provided additional information on the automated agenda management system. She stated that the current system operates a paper based manual agenda and that the new system being recommended will automate agenda workflow process. Ms. Huerta added that the new system will allow for improved tracking of agenda items and simplify agenda creation. She pointed out that the advantages of a paperless agenda is the potential use of portable devices for council members to read the agenda with annotating and highlighting features, and timely access to information for council members and the public. She stated that implementation of the portable devices will occur next fiscal year. Ms. Huerta stated that there is a 90 day implementation period starting in January 2012. Mayor Adame asked for comments from the audience. There were no comments from the audience. City Secretary Chapa polled the council for their votes as follows: 35.a. ORDINANCE NO. 029339 Ordinance appropriating $28,900 from the Unreserved Fund Balance in the No. 1020 General Fund for services from Granicus, Inc. to implement an automated agenda management system; and changing the FY 2011-2012 Operating Budget adopted by Ordinance No. 029155 to increase appropriations by $28,900. An emergency was declared and the foregoing ordinance was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Loeb, Marez, Martinez and Scott, voting "Aye". Minutes - Regular Council Meeting December 13, 2011 Page 18 35.b. MOTION NO. M2011-294 Motion authorizing the City Manager or designee to execute a First Amendment to the Professional Services Agreement between Granicus, Inc. and the City of Corpus Christi for an automated agenda management system for a term of twelve months with three one-year automatic renewals, subject to annual appropriation of funds. The foregoing motion was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Loeb, Marez, Martinez and Scott, voting "Aye". Mayor Adame referred to Item No. 36. Mr. Pete Anaya, Director of Engineering stated this item relates to the sanitary sewer overflows. He added that this is a $6 million project and that the city is budgeting $2 million per annum over a three year period. 36. MOTION NO. M2011-295 Motion authorizing the City Manager or designee to execute a Contract for Professional Services with Coym, Rehmet & Gutierrez of Corpus Christi, Texas, in the amount of $243,413 for. City Wide Large Diameter Sanitary Sewer Cleaning and Inspection Program. The foregoing motion was passed and approved with the, following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Loeb, Martinez, voting "Aye"; Marez and Scott were absent. City Manager Olson stated that Item No. 37 is being removed from the day's agenda and will be brought back to council at a later date. 37. POSTPONED FIRST READING ORDINANCES: Mayor Adame referred to Item No. 38. Pat Eldridge, Police Department this is an annual appropriation of abandoned unclaimed monies from the Police Property Room. The proper notifications under State Law were followed and required notices were sent to the owner and no claims were received, therefore, the unclaimed monies will be used to enhance the police property room. Mayor Adame asked for comments from the audience. There were no comments. City Secretary Chapa polled the council for their votes as follows: 38. FIRST READING ORDINANCE First Reading Ordinance - Appropriating $15,628.25 from abandoned/unclaimed monies from the Police Property Room, changing the FY 2011-2012 Operating Budget adopted by Minutes - Regular Council Meeting December 13, 2011 Page 19 Ordinance No. 029155 by increasing revenue and expenditures in the General Fund No. 1020 by $15,628.25 each. The foregoing ordinance was passed and approved on first reading with the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Loeb, Marez, and Martinez, voting "Aye"; Scott was absent. FUTURE AGENDA ITEMS Mayor Adame referred to the Future Agenda Item. section on the agenda. Items 39 - 42. Mayor Adame stated that these items are for informational purposes only and that no action or public comment will be taken at this time. Staff provided a presentation on Item Nos. 39, 40, 41 and 42. 39. Resolution approving an Interlocal Cooperation Agreement with the City of Portland for the disposal of household hazardous waste at the J.C. Elliott Transfer Station for an initial term of one year, with up to 19 additional one-year renewal periods; and authorizing execution of the agreement by the City Manager or designee. 40.a. Motion authorizing the City Manager or designee to execute a Construction contract with Bay, Ltd., of Corpus Christi, Texas in the amount of $15,081,495.80 for Staples Street Phase 1 and 2 from Saratoga to Williams for the Base Bid and Additive Alternates 1, 2, 3, 4, 5, 6 and 7.(BOND ISSUE 2008) 40.b. Motion authorizing the City Manager or designee to execute a Professional Engineering Materials Inspection and Testing Contract with Rock Engineering and Testing Laboratory, Inc., of Corpus Christi, Texas in the amount of $177,441 for Staples Street Phase 1 and 2 from Saratoga to Williams. (BOND ISSUE 2008) 40.c. Motion authorizing the City Manager or designee to execute a Construction Managementllnspection Services Contract to R. H. Shackelford, Inc., of Corpus Christi, Texas in an amount not to exceed $296,865 for Staples Street Phase 1 and 2 from Saratoga to Williams. (BOND ISSUE 2008) 41. Zoning Case No. 1011-02, Mostaghasi Investment Trust: A change of zoning from the `CN -1" Neighborhood Commercial District to the "RS -6" Single-family 6 District, resulting in a change of future land use from a commercial use to a low density residential use. The property to be rezoned is 7.297 acres out of the east half of Lot 1, Block 2, Nueces River Irrigation Park, located south of Northwest Boulevard (FM. 624) and west of County Road 69. 42. Zoning Case No. 1011-03, Elbas Land Development, Ltd.: A change of zoning from the "RS -6" Single-family 6 District to the "RS -4.5" Single-family 4.5 District without a change of future land use. The property to be rezoned is Assessors Map 138-A, Block 138-A, 8.51 acres of Lot 1 and Assessors Map 138-A, Block 138-A, 9.24 acres out of Lot 1, south of the intersection of Up River Road and Wood Creek Drive. Minutes - Regular Council Meeting December 13, 2011 Page 20 UPDATES TO CITY COUNCIL Mayor Adame referred to Item No. 43, Update on Regional Water Planning Process. Mr. Gus Gonzalez, Director of Water Operations provided an overview of the regional water planning process. Ms. Carola Serrato, Executive Director of South Texas Water Authority and Co -Chair of the Regional Water Planning Group provided a review of the Regional Water Planning Plan that was submitted in September 2011 including a review of Senate Bill1. Ms. Serrato stated that the State is comprised of 16 regions each fed by a regional water planning group. She added that the Coastal Bend is in Region N and includes 11 counties. Mr. Gonzalez provided a summary of the majorwholesale water provide needs, city and wholesale water supply needs, recommended water management strategies, comparison of water management strategies and other special studies evaluated in 2011 Region N Plan. MayorAdame referred to Item No. 44, Update on Backflow Prevention Program. Mr. Rudy Garza, Assistant City Manager stated that the backflow prevention program was established as a result of a TCEQ Agreed Order in 1998 and that the program is being administered within the Development Services department under the International Plumbing Code. He provided statistics, the TCEQ Regulations, and policies. In addition, Mr. Garza provided the following options: change the criminal penalties to administrative, maintain the current inspection testing, change the frequency of inspections, establish a maximum inspection and testing fee, and change requirements for residential only. MayorAdame announced that the council would consider Public Comment at this time and would return to Item No. 44 after public comment. Robert Mitchell spoke about backflow testing; Jaime Garcia, President, Coastal Bend Irrigation Association spoke about backflow testing; George Canales spoke about backflow testing; James Rutherford, spoke about backflow testing; Buck Robinson, spoke about backflow testing; Joe Alonzo, spoke in support of keeping the current backflow testing system; John Collins, spoke about backflow testing; Heidi Hovda, Spokesperson for Lindale Center and Lindale Neighborhood Association spoke about the improvements in that area; Adam Chavarria spoke about the Lindale neighborhood; Carl Yowell spoke about the Lindale neighborhood and improvements in that area; Jackie Robinson spoke about backflowtesting; Colin Sykes spoke about Las Brisas and urged the Council to withdraw support for this project. Mayor Adame returned to Item No. 44. Council Member Loeb made a motion to continue to require the one year annual inspection for applications that TCEQ finds hazardous; if TCEQ list changes to include things that are hazardous that it stays the same, or if they find something to be hazardous that is not currently on the list or take something off the list that we have a five-year inspection requirement on non hazardous, or if the property ownership changes that we continue to require registration and continue to require the installation as we do currently, also in the annual letter for inspection we allow people to opt out by stating they are non hazardous; amend to make violations on the non hazardous side an administrative penalty rather than a criminal penalty; and include a list of registered backflow testers in the letter and inform them that is not required but an option for people to have a backflow inspection, seconded by Council Member Scott. The motion failed with the following vote: Adame, Loeb, and Scott voting "Aye"; Adler, Elizondo, Kieschnick, Leal, Martinez, and voting "No"; Marez was absent. Mr. Olson stated that he plans to move forward with the adoption of the Technical Code and that once the backflow issue has been resolved we can amend the Technical Code to incorporate backflow aspect. Minutes - Regular Council Meeting December 13, 2011 Page 21 Mayor Adame referred to Item No. 45, Status Report on Crossing Guards Program. Troy Riggs, Assistant City Manager provided an update regarding the funding strategies for the crossing guard program. He added that after meeting with the Corpus Christi Independent School District a total of 28 locations were identified, of which 27 are within CCISD and 1 within the Flour Bluff Independent School District; the establishment of a volunteer program. Mr. Riggs stated that CCISD has budgeted $20,000 to assist with the volunteer program. 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 5:00 pm on December 13, 2011.