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HomeMy WebLinkAboutMinutes City Council - 01/31/2012HEREBY 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 31, 2012 which were approved by the City Council on February 21, 2012. WITNESSETH MY HAND AND SEAL, on this the 21st day of February, 2012. •� Armando Chapa 1 City Secretary SEAL INDEXED Present: Mayor Joe Adame Council Members: Chris Adler Kelley Allen Larry Elizondo Priscilla Leal David Loeb John Marez Nelda Martinez Mark Scott MINUTES City of Corpus Christi, Texas Regular Council Meeting January 31, 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 Jerry Ward, Lighthouse Tabernacle and the Pledge of Allegiance to the United States Flag was led by Council Member Kelley Allen. 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 24, 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: Animal Control Advisory Committee Jennifer Diaz, New Appointment CONSENT AGENDA Mayor Adame called for consideration of the Consent Agenda (Items 3 - 6). Council Members requested that Item No. 4 be pulled for individual consideration. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 3.a. MOTION NO. 2012-022 Motion authorizing the City Manager or designee to execute a Reimbursement Agreement with Kinder Morgan Tejas Pipeline, LLC, in the amount of $252,454 to adjust or relocate its pipeline amenities to clear city right-of-way on Mckinzie Road from the Lyondell Plant to Haven Drive. The foregoing motion was passed and approved with the following vote: Adame, Adler, Allen, Leal, Loeb, Marez, Martinez and Scott, voting "Aye"; Elizondo was absent. Minutes - Regular Council Meeting January 31, 2012 Page 2 3.b. MOTION NO. 2012-023 Motion authorizing the City Manager or designee to execute a Reimbursement Agreement with Enerfin Field Services, LLC, in the amount of $126,655.38 to adjust or relocate its pipeline amenities to clear city right-of-way on Mckinzie Road from the Lyondell Plant to Haven Drive. The foregoing motion was passed and approved with the following vote: Adame, Adler, Allen, Leal, Loeb, Marez, Martinez and Scott, voting "Aye"; Elizondo was absent. 3.c. MOTION NO. 2012-024 Motion authorizing the City Manager or designee to execute a Reimbursement Agreement with Equistar Chemicals, LP in the amount of $29,873 to adjust or relocate its pipeline amenities to clear city right-of-way on Mckinzie Road from the Lyondell Plant to Haven Drive. The foregoing motion was passed and approved with the following vote: Adame, Adler, Allen, Leal, Loeb, Marez, Martinez and Scott, voting "Aye"; Elizondo was absent. 5. RESOLUTION NO. 029360 Resolution authorizing the. City Manager or designee to execute an Interlocal Agreement with the Texas Department of Transportation (TXDOT) for an Advance Funding Agreement for a Metropolitan Mobility/Rehabilitation Project Off -System for the Williams Drive Improvements, Phase 3, from Staples Street to Airline Road. The foregoing resolution was passed and approved with the following vote: Adame, Adler, Allen, Leal, Loeb, Marez, Martinez and Scott, voting "Aye"; Elizondo was absent. 6. ORDINANCE NO. 029361 Approving the redistricting of the City's Single -Member Council Districts and establishing new district boundary lines based on 2010 Census data for Corpus Christi City Council elections; directing the City's Redistricting Consultant to submit to the adopted plan for preclearance under Section 5 of the Federal Voting rights act; and providing an effective date. (First Reading - 1/24/12) The foregoing ordinance was passed and approved with the following vote: Adame, Adler, Allen, Leal, Loeb, Marez, Martinez and Scott, voting "Aye"; Elizondo was absent. The following item was pulled for individual consideration and was voted on separately. There were no comments from the audience. City Secretary Chapa polled the Council for their vote on Item No. 4 as follows: 4. MOTION NO. 2012-025 Motion to execute Change Order No. 4 with Texas Sterling Construction Co. in the amount of $72,407.21 for the Kostoryz Road Improvements, Phase 1 from Horne to Sunnybrook for the installation of Brawner Ditch Irrigation System and Landscaping. (BOND 2008) Minutes - Regular Council Meeting January 31, 2012 Page 3 The foregoing motion was passed and approved with the following vote: Adame, Adler, Allen, Leal, Loeb, Marez, Martinez and Scott, voting "Aye"; Elizondo was absent. EXECUTIVE SESSIONS: follows: Mayor Adame announced the executive sessions which were listed on the agenda as Executive session pursuant to Section 551.071 of the Texas Government Code for consultation with attorneys regarding Cause No. 8-11-6088CV-B styled City of Ingleside, Texas vs. City of Corpus Christi, Texas presently pending in the 156th District Court of San Patricio, County with possible discussion and action in open session. Executive session pursuant to Section 551.071 (1)(A) of the Texas Government Code to consult with attorneys regarding contemplated litigation involving street lighting issues within the City of Corpus Christi with possible discussion and action in open session: The council went into executive session. The council returned from executive session. Mayor Adame announced that no action would be taken in open session. REGULAR AGENDA Mayor Adame referred to Item No. 7. Fred Segundo, Director of Aviation stated that this item relates to future construction of the Infield Taxiway Connectors for Runway 17-35. 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: 7. MOTION NO. 2012-026 Motion authorizing the City Manager or designee to execute Amendment No. 5 to the Professional Services contract with KSA Engineers, Inc. of Longview, Texas, in the amount of $100,000.00 for a restated not to exceed contract fee of $2,145,416.95 for the Corpus Christi International. Airport Infield Taxiway Connectors/Runway 17-35 Project (Supplemental services for Task Order No. 3). The foregoing motion was passed and approved with the following vote: Adame, Adler, Allen, Leal, Loeb, Marez, Martinez and Scott, voting "Aye"; Elizondo was absent. Mayor Adame referred to Item No. 8. Foster Crowell, Director of Wastewater Services stated that this item relates to improvements for the Oso Water Reclamation Plant. 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: 8.a. MOTION NO. 2012-027 Motion authorizing the City Manager or designee to execute a construction contract with CSA Construction, Inc., of Houston, Texas in the amount of $6,311,200 for the Oso Water Reclamation Plant Belt Press Facility Project for Parts A, B, C and D. Minutes - Regular Council Meeting January 31, 2012 Page 4 The foregoing motion was passed and approved with the following vote: Adame, Adler, Allen, Leal, Loeb, Marez, and Martinez, voting "Aye"; Elizondo and Scott were absent. 8.b. MOTION NO. 2012-028 Motion authorizing the City Manager or designee to execute Amendment No. 2 to a Professional Services Contract with LNV, Inc., of Corpus Christi, Texas in the amount of $247,395 for a restated fee of $847,054 for construction observation and related services associated with the Oso Water Reclamation Plant Belt Press Facility Project. The foregoing motion was passed and approved with the following vote: Adame, Adler, Allen, Leal, Loeb, Marez, and Martinez, voting "Aye"; Elizondo and Scott were absent. Mayor Adame referred to Item No. 9. Dan Biles, Interim Director of Engineering stated that this item relates to the construction of a new public safety warehouse for the Police Department. Mayor Adame asked for comments from the audience. There were no comments. City Secretary Chapa polled the Council for their votes as follows: 9.a. ORDINANCE NO. 029362 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. An emergency was declared and the foregoing ordinance was passed and approved with the following vote: Adame, Adler, Allen, Leal, Loeb, Marez, and Martinez, voting "Aye"; Elizondo and Scott were absent. 9.b. ORDINANCE NO. 029363 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. An emergency was declared and the foregoing ordinance was passed and approved with the following vote: Adame, Adler, Allen, Leal, Loeb, Marez, and Martinez, voting "Aye"; Elizondo and Scott were absent. 9.c. MOTION NO. 2012-029 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. The foregoing motion was passed and approved with the following vote: Adame, Adler, Allen, Leal, Loeb, Marez, and Martinez, voting "Aye"; Elizondo and Scott were absent. Minutes - Regular Council Meeting January 31, 2012 Page 5 FIRST READING ORDINANCE Mayor Adame referred to Item No. 10. Pat Eldridge, Police Department stated that this item is for a grant appropriation to reimburse fuel, overtime, fringe benefits and equipment expenditures for the Police department's enforcement efforts with Nueces County. Mayor Adame asked for comments from the audience. There were no comments. City Secretary Chapa polled the Council for their votes as follows: 10. FIRST READING ORDINANCE Appropriating $140,869.80 from Nueces County for funding eligible under FY2010 Department of Homeland Security Grant Program Operation Stonegarden Grant in the No. 1061 Police Grants fund to reimburse fuel, overtime, fringe benefits and equipment expenditures for the Police Department's collaborative enforcement efforts with Nueces County along routes of ingress and egress including (but not limited to) United States Highway 77 and State Highway 44. The foregoing ordinance was passed and approved on first reading with the following vote: Adame, Adler, Allen, Leal, Loeb, Marez, and Martinez, voting "Aye"; Elizondo and Scott were absent. FUTURE AGENDA ITEMS Mayor Adame referred to the Future Agenda Item section on the agenda (Items 11 - 17). 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 14, 15, 16, and 17. 11. Motion approving supply agreements with the followingcompanies for the following amounts in accordance with the Coastal Bend Council of Governments Bid Invitation No. CBCOG-12-1 for food items which include canned and frozen fruit and vegetables, meats and condiments for an estimated six month expenditure of $172,625.43. The terms of the contracts shall be for six months with options to extend for up to three additional months, subject to the approval of the Coastal Bend Council of Governments, the suppliers and the City Manager or designee. Funds are available through the Meals on Wheels grant. LaBatt Food Service Corpus Christi, Texas 140 line items $79,724.63 Grand total: $172,625.43 Performance Food Group Victoria, Texas 105 line items $92,900.80 12. Motion approving supply agreements with Polydyne, Inc. of Riceboro, Georgia for sludge dewatering polymer to be used at the wastewater treatment plants in accordance with Bid Invitation No. BI -0030-12, based on only bid for an estimated twelve month expenditure of $157,412 of which $78,706.02 is required for the remainder of FY2011-12. The term of the contract will be for twelve months with option to extend for up to two additional twelve month periods subject to the approval of the supplier and the City Manager or designee. Funds have been budgeted by the Wastewater Department in FY2011-12. Minutes - Regular Council Meeting January 31, 2012 Page 6 13.a. Resolution authorizing the City Manager or designee to accept a grant of $61,735 from the Texas Department of State Health Services to provide for the elimination and control of tuberculosis and execute all related documents; and to ratify acceptance of the grant to begin as of January 1, 2012. 13.b. Ordinance appropriating a grant of $61,735 from the Texas Department of State Health Services in the No. 1066 Health Grants Fund to provide for the elimination and control of tuberculosis. 14. Resolution authorizing the City Manager or designee to execute a Memorandum of Agreement with the United States Naval Air Station, Corpus Christi, Texas (NASCC) to provide Type II reclaimed water service to irrigate the on -base Gulf Winds Golf Course. 15. Motion authorizing the City Manager or designee to execute Change Order No. 3 to the Construction Contract with Barcom Commercial, Inc. of Corpus Christi, Texas, in the amount of $119,578.83 for a restated not to exceed contract fee of $3,416,939.48 for the Corpus Christi International Airport Terminal Rehabilitation/Federal Inspection Station Project. 16. Zoning Case No. 1011-01, Humberto Avalos: A change of zoning from the 'RM -3" Multi- family 3 District to the "IL" Light Industrial District, resulting in a change of future land use. The property to be rezoned is Meadow Park Block 2, Lots 1, 2, 3, and 4, located south of Agnes Street, west side of Osage Street. Planning Commission and Staff's Recommendation: Denial of the "IL" Light Industrial District. 17.a. Public hearing to receive public comments regarding an amendment to the FY08 Consolidated Annual Action Plan (CAAP) approved by the United States Department of Housing and Urban Development (HUD) by reallocating funding from FY08 Community Development Block Grant -Recovery (CDBG-R) Administration Costs to the CDBG-R approved project for Neighborhood Centers. 17.b. Motion to authorize the City Manager or designee following the conclusion of the public comment period required by the United States Department of Housing and Urban Development (HUD), to amend the FY08 Consolidated Annual Action Plan (CAAP) by reallocating $33,463.22 from the Community Development Block Grant -Recovery Administration Costs to Neighborhood Centers and to execute all necessary documents with HUD and Neighborhood Centers as may be required to complete the project. UPDATES TO CITY COUNCIL Mayor Adame referred to Item No. 18, Street Maintenance Finance Ad Hoc Advisory Committee Final Presentation and Recommendation. Mr. Patrick Veteto, Chairman, Street Maintenance Finance Ad Hoc Advisory Committee provided a presentation regarding findings and recommendation of a funding source for street maintenance. He referred to a powerpoint presentation and discussed the development of a street maintenance funding plan; adoption of a street user fee ordinance; re-examination of existing dedicated sales tax uses; secondary recommendations; optimum funding level, minimum funding level, recommended funding level, user fee approach, estimated fee generation, and other funding sources. Minutes - Regular Council Meeting January 31, 2012 Page 7 PUBLIC COMMENT MayorAdame called for comments from the audience. David Fields, spoke about the street maintenance fee; Citizen spoke about the street user fee; Joan Veith, spoke about the street maintenance user fee and an equitable system; Foster Edwards, CEO, Chamber of Commerce, spoke about upcoming chamber events; Jerry Hartung, spoke about the enforcement of discharging firearms; Neil McQueen, spoke about proposing an ordinance banning single use plastic bags; Nick Maya, spout about banning single use plastic bags; Cliff Schlabach, spoke about banning single use plastic bags. CITY MANAGER COMMENTS Mr. Olson introduced Yasmine Chapman, the new Human Resources Director. Ms. Chapman made remarks and stated that she looks forward to working for the City of Corpus Christi. There being no further business to come before the Council, MayorAdame adjourned the Council meeting at 2:52 p.m. on January 31, 2012.