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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.