HomeMy WebLinkAboutMinutes City Council - 01/17/2012I 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 January 17, 2012 which were approved by the
City Council on January 24, 2012.
SEAL
WITNESSETH MY HAND AND SEAL, on this the 24th day of January, 2012.
Armando Chapa
City Secretary
INDEXED.
Present:
Mayor Joe Adame
Council Members:
Priscilla Leal
David Loeb
John Marez
Nelda Martinez
Mark Scott
Absent
Chris Adler
Larry Elizondo
MINUTES
City of Corpus Christi, Texas
Regular Council Meeting
January 17, 2012 - 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 Pastor Kenneth Mutchler, Immanuel Fellowship and the Pledge of
Allegiance to the United States Flag was led by Council Member John Marez.
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 January
10, 2012. 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:
Corpus Christi Aquifer Storage and Recovery Conservation District
Confirmation of the following officers: Oscar Martinez, President; Margie Rose, Vice President, and
Fred Segundo as Secretary.
CONSENT AGENDA
3. MOTION NO. M2012-008
Motion approving a supply agreement with Doggett Machinery, of Corpus Christi, Texas,
for the lease of three wheel loaders in accordance with Bid Invitation No. BI -0049-12, based
on only bid, for an estimated twenty-seven month expenditure of $331,209, of which
$73,602 is budgeted for FY2011-2012. 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 FY2011-2012 adopted budget.
The foregoing motion was passed and approved with the following vote: Adame, Leal,
Loeb, Marez, Martinez and Scott, voting "Aye"; Adler and Elizondo were absent.
Minutes - Regular Council Meeting
January 17, 2012
Page 2
4. MOTION NO. M2012-009
Motion authorizing the purchase of specialized equipment for a total amount of $64,415.17
utilizing funds from the 2009 Homeland Security Grant awarded to the City of Corpus Christi
and budgeted in the Fire Grant Fund 1062.
The foregoing motion was passed and approved with the following vote: Adame, Leal,
Loeb, Marez, Martinez and Scott, voting "Aye"; Adler and Elizondo were absent.
5.a. MOTION NO. M2012-010
Motion authorizing the City Manager or designee to accept a sub -grant in the amount of
$95,299 from the Department of Homeland Security FEMA for funding eligible under the
2010 Port Security Grant Program (PSGP) grant to purchase law enforcement equipment
for the Police Department.
The foregoing motion was passed and approved with the following vote: Adame, Leal,
Loeb, Marez, Martinez and Scott, voting "Aye"; Adler and Elizondo were absent.
5.b. ORDINANCE NO. 029345
Ordinance appropriating $95,299 in the No. 1061 Police Grants fund from the Department
of Homeland Security FEMA for funding eligible under the 2010 Port Security Grant
Program (PSGP) grant to purchase law enforcement equipment for the Police Department.
An emergency was declared and the foregoing ordinance was passed and approved with
the following vote: Adame, Leal, Loeb, Marez, Martinez and Scott, voting "Aye"; Adler and
Elizondo were absent.
6. MOTION NO. M2012-011
Motion authorizing the City Manager or designee to execute Amendment No. 6 to the
Contract for Professional Services with LNV Engineering, of Corpus Christi, Texas, in the
amount of $758,964 for a total restated fee of $2,877,767 for the Brawner Parkway Channel
Improvements associated with the Staples Street Improvements as follows: (BOND 2008)
Phase 1 from Brawner Parkway to Barracuda Place
Phase 2 from Barracuda Place to Gollihar
The foregoing motion was passed and approved with the following vote: Adame, Leal,
Marez, Martinez and Scott, voting "Aye"; Loeb abstained; Adler and Elizondo were absent.
7 MOTION NO. M2012-012
Motion authorizing the City Manager or designee to execute Change Order No. 3 with Ti -
Zack Concrete, Inc., of Le Center, Minnesota in the amount of $277,159.23 for the
Americans with Disabilities Act (ADA) Improvements Group 1 project for additional
construction for ADA compliance and project over runs on quantities. (BOND 2008)
Minutes - Regular Council Meeting
January 17, 2012
Page 3
The foregoing motion was passed and approved with the following vote: Adame, Leal,
Loeb, Marez, Martinez and Scott, voting "Aye"; Adler and Elizondo were absent.
8. ORDINANCE NO. 029346
Appropriating $100,000 from the unreserved fund balance in the No. 9010 Crime Control
District Fund for "one-time" expenditures in the FY2011-2012 Operating Budget and
changing the FY2011-2012 Operating Budget adopted by Ordinance No. 029155 by
increasing appropriations by $100,000.
The foregoing ordinance was passed and approved on second reading with the following
vote: Adame, Leal, Loeb, Marez, Martinez and Scott, voting "Aye"; Adler and Elizondo were
absent.
9.a. ORDINANCE NO. 029347
Abandoning and vacating a 342 -square foot portion (0.007 acres) of a 10 -foot wide utility
easement out of Alameda Center, Unit 3, Lot 1, located south of Robert Drive and west of
Delano Drive; requiring the owner, HEB Grocery Company, LP, to comply with the specified
conditions.
The foregoing ordinance was passed and approved on second reading with the following
vote: Adame, Leal, Loeb, Marez, Martinez and Scott, voting "Aye"; Adler and Elizondo were
absent.
9.b. ORDINANCE NO. 029348
Abandoning and vacating a 469 -square foot portion (0.010 acres) of a 10 -foot wide utility
easement out of Alameda Center, Unit 3, Lot 1, located south of Robert Drive and west of
Delano Drive; requiring the owner HEB Grocery Company, LP, to comply with the specified
conditions.
The foregoing ordinance was passed and approved on second reading with the following
vote: Adame, Leal, Loeb, Marez, Martinez and Scott, voting "Aye"; Adler and Elizondo were
absent.
10.a. ORDINANCE NO. 029349
Abandoning and vacating a 658 -square foot portion (0.015 acres) of a 5 -foot wide utility
easement out of Alameda Estates, Block 2, Lot 3, located south of Robert Drive and west
of Delano Drive; requiring the owner, HEB Grocery Company, LP, to comply with the
specified conditions.
The foregoing ordinance was passed and approved on second reading with the following
vote: Adame, Leal, Loeb, Marez, Martinez and Scott, voting "Aye"; Adler and Elizondo were
absent.
Minutes - Regular Council Meeting
January 17, 2012
Page 4
10.b. ORDINANCE NO. 029350
Abandoning and vacating a 1,450 -square foot portion (0.033 acres) of a 10 -foot wide aerial
electrical easement out of Alameda Estates, Block 2, Lot 3, located south of Robert Drive
and west of Delano Drive; requiring the owner HEB Grocery Company, LP, to comply with
the specified conditions.
The foregoing ordinance was passed and approved on second reading with the following
vote: Adame, Leal, Loeb, Marez, Martinez and Scott, voting "Aye"; Adler and Elizondo were
absent.
10.c. ORDINANCE NO. 029351
Abandoning and vacating a 1,699 -square foot portion (0.039 acres) of a 5 -foot wide utility
easement out of Alameda Estates, Block 2, Lots 7A, 7C, 7D and 7E, located south of
Robert Drive and west of Delano Drive; requiring the owner, HEB Grocery Company, LP,
to comply with the specified conditions.
The foregoing ordinance was passed and approved on second reading with the following
vote: Adame, Leal, Loeb, Marez, Martinez and Scott, voting "Aye"; Adler and Elizondo were
absent.
10.d. ORDINANCE NO. 029352
Abandoning and vacating a 2,144 -square foot portion (0.049 acres) of a 10 -foot wide gas
easement out of Alameda Estates, Block 2, Lots 7E and 7F, and an unplatted tract of land
(known as "Lot I" in the Nueces County Appraisal District Records), located south of Robert
Drive and west of Delano Drive; requiring the owner, HEB Grocery Company, LP, to comply
with the specified conditions.
The foregoing ordinance was passed and approved on second reading with the following
vote: Adame, Leal, Loeb, Marez, Martinez and Scott, voting "Aye"; Adler and Elizondo were
absent.
11. ORDINANCE NO. 029353
Abandoning and vacating a 3,397.68 -square foot portion (0.078 acres) of an existing utility
easement out of Block 2-A, Lot J, Byron Willis Subdivision; requiring owner, Vishal Hotel,
LP to comply with the specified conditions.
The foregoing ordinance was passed and approved on second reading with the following
vote: Adame, Leal, Loeb, Marez, Martinez and Scott, voting "Aye"; Adler and Elizondo were
absent.
12. ORDINANCE NO. 029354
Exempting The Coves at Lago Vista, Unit 3, Block 2, Lots 21 and 22 from the payment of
wastewater lot and acreage fees pursuant to Section 8.5.2. G.1 of the Unified Development
Code; and requiring the Developer/Owner to comply with the specified conditions.
Minutes - Regular Council Meeting
January 17, 2012
Page 5
The foregoing ordinance was passed and approved on second reading with thefollowng
vote: Adame, Leal, Loeb, Marez, Martinez and Scott, voting "Aye"; Adler and Elizondo were
absent.
EXECUTIVE SESSIONS
follows:
Mayor Adame announced the executive sessions which were listed on the agenda as
Executive session under Sections 551.071 and 551.072, 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, which 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 under Section 551.072, Texas Government Code, for 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
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.
ZONING CASES
Mayor Adame referred to Item No. 13, and a motion was made and passed to open the
public hearing on the following zoning case:
Zoning Case No. 0711-02, Sigifredo Montemayor: A change of zoning from the "RS -6"
Single-family 6 District to the "IL" Light Industrial District. The property to be rezoned is
Flour Heights, Block 1, Lot 22, located along the east side of Flour Bluff Drive and
approximately 320 -feet north of the Purdue Road intersection.
City Planner Miguel Saldana referred to a presentation including an aerial view of the
subject property, the existing and future land use map; ownership map location of surrounding
businesses; site plan, and a timeline. Mr. Saldana stated that the Planning Commission and Staff
recommend denial of the "IL" Light Industrial District, and in lieu thereof, approval of the "CN -1"
Neighborhood Commercial District with a Special Permit based on a site plan and eight (8)
conditions.
Council Member Martinez made a motion to close the public hearing, seconded by Council
Member Leal and passed. There were no comments from audience. City Secretary Chapa polled
the council for their votes as follows:
Minutes - Regular Council Meeting
January 17, 2012
Page 6
13. ORDINANCE NO. 029355
Amending the Unified Development Code (UDC), upon application by . Sigifredo
Montemayor, by changing the UDC zoning map in reference to Flour Heights, Block 1, Lot
22, from the "RS -6" Single -Family 6 District to the "CN-1/SP" Neighborhood Commercial
District with a Special Permit and subject to eight (8) conditions, 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, Leal, Marez; Martinez and Scott, voting "Aye"; Loeb voting "No";
Adler and Elizondo were absent.
REGULAR AGENDA
Mayor Adame referred to Item No. 14. Constance Sanchez, Director of Finance explained
that these actions are necessary to finance the energy efficiency projects outlined in Item No. 15.
Mayor Adame asked for comments from the audience on Items 14 and 15. There were no
comments from the audience. City Secretary Chapa polled the council for their votes as follows
14.a. MOTION NO. M2012-013
Motion authorizing the appointment of M. E. Allison & Co., Inc. as Financial Advisor for the
City of Corpus Christi, Texas Public Property Finance Contractual Obligations, Series 2012.
The foregoing motion was passed and approved with the following vote: Adame, Loeb,
Marez, Martinez and Scott, voting "Aye"; Leal voting "No"; Adler and Elizondo were absent.
14.b. ORDINANCE NO. 029356
Ordinance by the City Council of the City of Corpus Christi, Texas authorizing the issuance
of "City of Corpus Christi, Texas Public Property Finance Contractual Obligations, Series
2012" in an amount not to exceed $8,000,000, levying an annual ad valorem tax, within the
limitations prescribed by Law, for the payment of the contractual obligations; prescribing the
form, terms, conditions, and resolving other matters incident and related to the issuance,
sale, and delivery of the contractual obligations; authorizing the execution of a Paying
Agent/Registrar Agreement and a Purchase and Investment Letter; complying with the
requirements imposed by the Letter of Representations previously executed with the
Depository Trust Company; delegating the authority to the Mayor and certain members of
the City Staff to execute certain documents relating to the sale of the contractual
obligations; and providing an effective date.
An emergency was declared and the foregoing ordinance was passed and approved with
the following vote: Adame, Loeb, Marez, Martinez and Scott, voting "Aye"; Leal voting "No";
Adler and Elizondo were absent.
14.c. ORDINANCE NO. 029357
Ordinance appropriating $60,000 from the Unreserved Fund Balance in the No. 2010 Debt
Service Fund for the Fiscal Year 2011-2012 debt payment related to the Public Property
Minutes - Regular Council Meeting
January 17, 2012
Page 7
Finance Contractual Obligations; and changing the FY 2011-2012 Operating Budget
adopted by Ordinance No. 029155 to increase appropriations by $60,000.
An emergency was declared and the foregoing ordinance was passed and approved with
the following vote: Adame, Loeb, Marez, Martinez and Scott, voting "Aye"; Leal voting "No";
Adler and Elizondo were absent.
15.a. ORDINANCE NO. 029358
Ordinance amending the FY 2012 Capital Improvement Budget adopted by Ordinance No.
029135 adding Project #E11102 Energy Efficiency Conservation Retrofit for Major City
Facilities; increasing revenues and expenditures in the amount of $7,300,000.00.
An emergency was declared and the foregoing ordinance was passed and approved with
the following vote: Adame, Loeb, Marez, Martinez and Scott, voting "Aye"; Leal voting "No";
Adler and Elizondo were absent.
15.b. MOTION NO. M2012-014
Motion authorizing the City Manager, or designee, to execute a Fixed Price Energy
Performance Contract (Design/Build) with McKinstry Essention, Inc. of Dallas, Texas, for
Energy Efficiency Conservation Retrofit for Major City Facilities in an amount not to exceed
$6,950,000.00 (Project No. E11102).
The foregoing motion was passed and approved with the following vote: Adame, Loeb,
Marez, Martinez and Scott, voting "Aye"; Leal voting "No"; Adler and Elizondo were absent.
FIRST READING ORDINANCES:
Mayor Adame referred to Item No. 16. Police Captain Breedlove stated that this item is
amending Chapter 26 of the City Code of Ordinances to regulate metal recycles in the city. Mayor
Adame asked for comments from the audience. There were no comments from audience. City
Secretary Chapa polled the council for their votes as follows:
16. FIRST READING ORDINANCE.
Amending Chapter 26, Code of Ordinances, City of Corpus Christi, Metal Recyclers, by
revising several sections in said article to provide for expanded definitions; more offenses
and penalties; providing for publication.
The foregoing ordinance was passed and approved on first reading with the following vote:
Adame, Leal, Loeb, Marez, Martinez and Scott, voting "Aye"; Adler and Elizondo were
absent.
FUTURE AGENDA ITEMS
Mayor Adame referred to the Future Agenda Item section on the agenda. Items 17 - 20. 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 Numbers 17, 19 and 20.
Minutes - Regular Council Meeting
January 17, 2012
Page 8
17.a. Ordinance appropriating $500,000 from the Unreserved Fund Balance in the No. 1020
General Fund for a new Public Safety Warehouse Building for the Police Department;
authorizing the transfer of $500,000 from the No. 1020 General Fund to and appropriation
in the No. 3350 Public Health and Safety Capital Improvement Project Fund; and changing
the FY2011-2012 Operating Budget adopted by Ordinance No. 029155 to increase
appropriations by $500,000.
17. b. Ordinance changing the FY2011-2012 Capital Budget adopted by Ordinance No. 029135
by increasing appropriations by $500,000 for a separate Public Safety Warehouse Building
Project for the Police Department.
17.c. Motion authorizing the City Manager or designee to execute a Professional Services
Contract with LaMarr Womack and Associates, L.P., of Corpus Christi, Texas, in the
amount of $147,141 for the Public Safety Warehouse (Police) Project.
18. Motion authorizing the City Manager or designee to execute a construction materials testing
contract with Rock Engineering and Testing Laboratory, Inc., of Corpus Christi, Texas in
the amount of $65,492 for Airline Road from Saratoga Boulevard to Rodd Field Road.
(Bond 2008)
19. Motion authorizing the City Manager or designee to execute a construction contract with
Barcom Commercial Inc. of Corpus Christi, Texas in the amount of $3,172,000 for the O.
N. Stevens Water Treatment Plant Facility Alterations for the addition to and remodel of the
existing Filter Building Facility.
20. Motion authorizing the City Manager or designee to execute a construction contract with
Associated Construction Partners LTD of Boerne, Texas in the amount of $452,900 for the
Greenwood Wastewater Treatment Plant Improvements 2011 for Part A Air Transmission
Main Re -Routing and Part B Electrical Control Room.
UPDATES TO CITY COUNCIL
Mayor Adame referred to Item No. 22, Regional Parkway Update. Mr. Tom Niskala, CEO,
Metropolitan Planning Organization stated that this project includes the Corpus Christi Metropolican
Planning Organization, the City of Corpus Christi and Nueces and San Patricio counties in
cooperation with the Texas Department of Transportation to develop a new transportation corridor
to connect Nueces and San Patricio counties. He added that the feasibility study will determine
whether existing roadways are sufficient, or if a new roadways is needed.
Mr. Bob Leahey, HDR Engineering provided a brief overview including the project
description, project history; the study area includes 275,000 acres which encompasses Nueces
County, San Patricio County and new crossings; needs and purpose; parkway concept; evaluation
process; conceptual alternatives; viable corridors, and project timeline.
Mayor Adame called for a short recess. The council resumed the council meeting.
Mayor Adame referred to Item No. 21. Redistricting Plan. Mr. Armando Chapa, City
Secretary provided a brief update on the Redistricting efforts. Mr. Chapa informed the council that
one public hearing was held in the month of January; two press releases were submitted;
publication of the public hearing was posted in the newspaper; posting of the public hearing was
Minutes - Regular Council Meeting
January 17, 2012
Page 9
posted at City Hall; a map was displayed in City Hall; a city website was created for informational
purposes; and informational packets were sent to various interest groups, as well as the Plaintiffs
in the original single member district lawsuit filed against the city. He stated that the first reading
of the ordinance is scheduled for January 24, 2012 and the final reading adopting the redistricting
plan is scheduled for January 31, 2012.
Mayor Adame referred to Item No. 23, Remaining Proceeds form Bond 2008, Including
Manshiem and Helen Street project. Mr. Oscar Martinez, Assistant City Manager provided an
update on the Bond 2008 Mansheim (Gabriel to Kostoryz) and Helen (Sunnybrook to Gollihar)
project and the street balance. He reviewed the description of the ballot language for the Bond
2008 project for the Mansheim and Helen improvements; council informational packet regarding
description of this project; depicted on a map the work that has been completed on Mansheim from
Gabriel to Kostoryz, and Helen Street from Sunnybrook to Gollihar; the street projects that have
gone out for bid, street balance is approximately $14.0 million; and discussed the remaining
projects left for bidding.
PUBLIC COMMENT
Jack Gordy, spoke about the proposed plan regarding illegal signs; Roland Garza spoke
about the Bond 2008 Mansheim project; Lolly Bernal, spoke about the Mansheim project; Dan Vera
spoke about history.
CITY MANAGER COMMENTS
There being no further business to come before the Council, Mayor Adame adjourned the
Council meeting at 3:45 pm on January 17, 2012.