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HomeMy WebLinkAboutMinutes City Council - 02/14/2012HEREBY CERTIFY that the foregoing is a true and correct copy of the minutes of the Regular Meeting of the Corpus Christi City Council of February 14, 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. SEAL Armando Chapa City Secretary 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 February 14, 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 Lakendra Lewis, Diamond Ministry and the Pledge of Allegiance to the United States Flag was led by Council Member Larry Elizondo. 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 stated that due to some corrections, the approval of minutes of the Regular Council Meeting of January 31, 2012 will be considered next Tuesday. BOARD APPOINTMENTS The council made the following reappointments and new appointments to the city's boards, commissions and committees: Animal Control Advisory Committee Harold Bennett, New Appointment Clean City Advisory Committee Teresa Klein (Comm at Large), Reappointed Juan Rodriguez (Comm at Large), Reappointed Dan Wilkerson (Beautify CC Assn), New Appointment Rebecca Lyons (Educator), New Appointment Kimberly Brumley (Comm at Large), New Appointment Virginia Delgado (Comm at Large), New Appointment Ethics Commission Matthew Topelian, New Appointment Human Relations Commission Abel Alonzo, New Appointment Landmark Commission Dr. James Klein (History Teacher), Reappointment Minutes - Regular Council Meeting February 14, 2012 Page 2 Leo Rios (Real Estate), Reappointed Marie Guajardo (Regular Member), Reappointed Karen Howden (Historian), Realignment Eric Villarreal (Civil Engineer), New Appointment Margareta Fratila (Regular Member), New Appointment Armando Mendez (Regular Member), New Appointment Leadership Committee for Senior Services Esperanza Lopez (Senior Center), Reappointed Vicki Garza (Community), Reappointed Ida Hobbs (Community), Reappointed Adelfa Martinez (Community), Reappointed Breanna Rye (Agency), New Appointment Maricela Rivera (Agency), New Appointment Cindi Mutchler (Community), New Appointment Kenneth Mutchler (Community), New Appointment CONSENT AGENDA Mayor Adame called for consideration of the Consent Agenda (Items 3 - 7).There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 3. MOTION NO. M2012-030 Motion approving supply agreements with the following companies 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 Performance Food Group Victoria, Texas 105 line items $92,900.80 Grand Total: $172,625.43 The foregoing motion was passed and approved with the following vote: Adatne, Adler, Allen, Elizondo, Leal, Loeb, Marez, Martinez and Scott, voting "Aye". 4. MOTION NO. M2012-031 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 Minutes - Regular Council Meeting February 14, 2012 Page 3 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. The foregoing motion was passed and approved with the following vote: Adame, Adler, Allen, Elizondo, Leal, Loeb, Marez, Martinez and Scott, voting "Aye". 5. RESOLUTION NO. 029364 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. The foregoing resolution was passed and approved with the following vote: Adame, Adler, Allen, Elizondo, Leal, Loeb, Marez, Martinez and Scott, voting "Aye". 5.b. ORDINANCE NO. 029367 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. An emergency was declared and the foregoing ordinance was passed and approved with the following vote: Adame, Adler, Allen, Elizondo, Leal, Loeb, Marez, Martinez and Scott, voting "Aye". 6. MOTION NO. M2012-032 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. The foregoing motion was passed and approved with the following vote: Adame, Adler, Allen, Elizondo, Leal, Loeb, Marez, Martinez and Scott, voting "Aye". 7. ORDINANCE NO. 029365 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 second reading with the following vote: Adame, Adler, Allen, Elizondo, Leal, Loeb, Marez, Martinez and Scott, voting "Aye". EXECUTIVE SESSIONS: follows: • • Minutes - Regular Council Meeting February 14, 2012 Page 4 Mayor Adame announced the executive sessions which were listed on the agenda as Executive session pursuant to Section 551.071(1)(A) of the Texas Government Code to consult with attorneys regarding pending litigation in a case styled Cause No. CA -210-360, John Michael Hogan vs. City of Corpus Christi, et -al, presently pending in the United States District Court for the Southern District of Texas, Corpus Christi Division, 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 pending litigation in a case styled Cause No. 06-62054-4, Robert Mayorga vs. City of Corpus Christi, Texas, et al, presently pending in the United States District Court for the Southern District of Texas, Corpus Christi Division, 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. Executive session pursuant to Section 551.071 of the Texas Government Code for consultation with attorneys regarding fire collective bargaining negotiations with possible discussion and action in open session. The council went into executive session. The council returned from executive session. City Secretary Chapa read the motion for Executive Session Item 1.1, 1.2, and 1.3. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 1.1 MOTION NO. M2012-033 Motion authorizing the City Manager to continue to employ the law firms of McKibben, Woolsey & Villarreal, LLP and Canales & Simonson, PC to provide legal representation to the City of Corpus Christi in Cause No. CA -210-360, John Michael Hogan vs. City of Corpus Christi, et al, at an hourly rate not exceeding $200, subject to certification of funds. The foregoing motion was passed and approved with the following vote: Adame, Adler, Allen, Elizondo, Leal, Loeb, Marez, Martinez and Scott, voting "Aye". 1.2 MOTION NO. M2012-034 Motion authorizing the City Manager to continue to employ the law firm of Canales & Simonson, PC to provide legal representation to the City of Corpus Christi in Cause No. 06- 62054-4, Robert Mayorga vs. City of Corpus Christi, et al, at an hourly rate not exceeding $200, subject to certification of funds. The foregoing motion was passed and approved with the following vote: Adame, Adler, Allen, Elizondo, Leal, Loeb, Marez, Martinez and Scott, voting "Aye". Minutes - Regular Council Meeting February 14, 2012 Page 5 1.3. MOTION NO. M2012-035 Motion authorizing the City Manager to execute a settlement agreement between the City of Corpus Christi and AEP, Texas, with regard to street lighting services billing issues as agreed upon by the parties. PUBLIC HEARINGS Mayor Adame referred to Item No. 8, and a motion was made and passed to open the public hearing on the following zoning case: 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. Miguel Saldana, Development Services referred to a presentation including the zoning issues, an aerial view of the subject property, the existing and future land use map; ownership map location of surrounding businesses; and the site plan. Mr. Saldana stated that the Planning Commission and Staff recommend denial to the "IL" Light Industrial District. Mayor Adame asked for comments from the audience. There were no comments. Council Member Elizondo made a motion to close the public hearing, seconded by Council Member Adler and passed. City Secretary polled the Council for their votes as follows: 8. FAILED An emergency was declared and the foregoing ordinance failed with the following vote: Adame, Adler, Allen, Elizondo, Leal, Loeb, Marez, Martinez and Scott, voting "No". Mayor Adame referred to Item No. 9, and a motion was made and passed to open the public hearing to receive 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. Eddie Ortega, Director of Neighborhood Services stated that the item is reallocating $33,463 from the Community Development Block Grant- Recovery Administration to Neighborhood Centers. Mayor Adame asked for comments from the audience. There were no comments. Council Member Elizondo made a motion to close the public hearing, seconded by Council Member Scott Minutes - Regular Council Meeting February 14, 2012 Page 6 and passed. There were no comments from the audience. City Secretary Chapa polled the council for their votes as follows: 9.b. MOTION NO. M2012-036 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. The foregoing motion was passed and approved with the following vote: Adame, Adler, Allen, Elizondo, Leal, Loeb, Marez, Martinez and Scott, voting "Aye". REGULAR AGENDA Mayor Adame referred to Item No. 10. Foster Crowell, Director of Wastewater stated that this item is to provide reclaimed water service to the Naval Air Station - Corpus Christi. Mayor Adame asked for comments from the audience. There were no comments. City Secretary Chapa polled the council for their votes as follows: 10. RESOLUTION NO. 029366 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 11 reclaimed water service to irrigate the on -base Gulf Winds Golf Course. The foregoing resolution was passed and approved with the following vote: Adame, Adler, Allen, Elizondo, Leal, Loeb, Marez, Martinez and Scott, voting "Aye". FIRST READING ORDINANCE Mayor Adame referred to Item No. 11. Michael Morris, Director of Parks and Recreation stated this is for the appropriation of funds for programs coordinated through the City's Arts & Cultural Commission. Mayor Adame asked for comments from the audience. There were no comments. City Secretary Chapa polled the Council for their votes as follows: 11. FIRST READING ORDINANCE Appropriating $5,902.36 in City utility customer donations in General Fund No. 1020 for use by programs coordinated through the City Arts and Cultural Commission. The foregoing ordinance was passed and approved on first reading with the following vote: Adame, Adler, Allen, Elizondo, Leal, Loeb, Marez, Martinez and Scott, voting "Aye". Mayor Adame referred to Item No. 12. Michael Morris, Director of Parks & Recreation stated that this appropriates funds from an enforcement action brought by the Texas Commission on Environmental Quality for the Oso Bay Learning Center. Mayor Adame asked for comments from the audience. There were no comments. City Secretary Chapa polled the council for their votes as follows: Minutes - Regular Council Meeting February 14, 2012 Page 7 12. FIRST READING ORDINANCE. Appropriating $9,980 from contributions in settlement of an enforcement action brought about by the Texas Commission on Environmental Quality in the No. 1067 Parks and Recreation Grants Fund for land acquisition for the Oso Bay Learning Center and Wetland Preserve. The foregoing ordinance was passed and approved on first reading with the following vote: Adame, Adler, Allen, Elizondo, Leal, Loeb, Marez, Martinez and Scott, voting "Aye". Mayor Adame referred to Item No. 13. Miguel Saldana, Development Services stated that this item relates to text amendments to the Unified Development Code and includes twenty-one amendments. He added that nine of these amendments have a direct impact to development community. Mayor Adame asked for comments from the audience. There were no comments. City Secretary Chapa polled the council for their vote as follows: 13. FIRST READING ORDINANCE Amending the Corpus Christi Unified Development Code by revising and abbreviation term at Subsection 1.11.2; by adding three definitions to Subsection 1.11.3; by revising Table 3.1.7.A and Subsection 3.1.7.C.4.a, and adding Subsection 3.1.7.C.1.c relating to notice requirements; by revising Subsection 4.2.8.C, and adding 4.2.8.D.4, 4.2.10 and 4.2.11, and revising Tables 4.3.3, 4.4.3.B and 4.4.4 relating to lot measurements; by revising Table 4.6.2 relating to permitted uses in industrial districts; by revising 5.3.2.B and 5.3.2.C, and deleting 5.3.2.D relating to accessory uses and structure; by revising Subsection 7.2.4.G relating to tandem parking; by revising Subsection 7.5.13.E relating to institutional signs; by adding Subsection 8.2.1.G.7 relating to cul-de-sacs; by adding Subsection 8.2.9 relating to dead end mains; and by revising 8.5.1.6 and 8.5.2.B relating to the payment of fees; amending conflicting provisions of the City's Comprehensive Plan; repealing conflicting ordinances; and providing for penalties, publication and an effective date. The foregoing ordinance was passed and approved on first reading with the following vote: Adame, Adler, Elizondo, Leal, Marez, Martinez and Scott, voting "Aye"; Allen and Loeb were absent. FUTURE AGENDA ITEMS Mayor Adame referred to the Future Agenda Item section on the agenda (Items 14 - 21). 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 20 and 21. 14. Resolution authorizing the submission of a grant application in the amount of $81,188.69 to the State of Texas, Criminal Justice Division for funding available under the Victims of Crime Act (VOCA) fund for the Police Department's Family Violence Unit with a City match of $14,731.84 and $4,000 in-kind services for a total project cost of $99,920.53; and authorizing the City Manager or designee to apply for, accept, reject, alter or terminate the grant. Minutes - Regular Council Meeting February 14, 2012 Page 8 15. Resolution authorizing the submission of a grant application in the amount of $94,705.39 to the State of Texas, Criminal Justice Division, for funding available under the Violence Against Women Act (VAWA) fund for the police department's Family Violence Unit with a City match of $47,165.68, and an in-kind match of $7,200 for at total project cost of $149,071.07; and authorizing the City Manager or designee to apply for, accept, reject, alter or terminate the grant. 16. Resolution authorizing the submission of a grant application in the amount of $59,914 to the State of Texas, Office of the Governor, Criminal Justice Division for funding available under the Criminal Justice Programs Fund for the Police Department to continue the Regional Fusion Center and authorizing the City Manager or designee to apply for, accept, reject, alter or terminate the grant. 17. Resolution approving a service agreement between the Corpus Christi-Nueces County Public Health District ("Health District") and the Texas General Land Office to enable the Health District to provide beach water sampling in Nueces, Aransas, and San Patricio Counties under the Texas Beach Watch Program; and ratifying approval of the agreement as of September 1, 2011. 18. Resolution adopting training standards for Juvenile Case Managers employed by the City of Corpus Christi, providing for implementation of said standards, and providing for periodic review to ensure implementation of the requisite standards. 19. Resolution authorizing the City Manager or designee to execute an Interlocal Advanced Funding Agreement with the Texas Department of Transportation (TxDOT) Voluntary Local Government Contributions to Transportation Improvement Projects in the amount of $56,180 for manhole and valve adjustments during the rehabilitation of FM24 from IH37 to south of Starlite Road. 20. Motion authorizing the City Manager or designee to execute a Contract for Professional Services with RVE, Inc., of Corpus Christi, Texas in the amount of $959,995 for Williams Drive Improvements, Phase 3, from Staples Street to Airline Road. 21. Motion authorizing the City Manager or designee to execute a contract with Trillion AV LLC, of Austin, Texas for Aviation Business Consultant Services with effective date February 1, 2012, with term of one year, with options to extend for up to four additional one-year terms, with first year fee not to exceed $90,000, based on Statement of Work, of which the fee for the first six months of that first year shall not exceed $60,225, based on Statement of Work. PUBLIC COMMENT Mayor Adame called for comments from the audience. Jack Gordy spoke about illegal signs and enforcement of the Texas Highway Beautification Act; Carlos Torres spoke about status of ongoing firefighter contract negotiations; Joan veith, spoke in support of firefighters; Carolyn Moon, spoke about traffic at the intersection of Yorktown and Rodd Field Road. CITY MANAGER COMMENTS City Manager Olson provided updates on the Street Maintenance Funding Implementation Schedule, status of Police Chief hiring and Staff Retreat. Minutes - Regular Council Meeting February 14, 2012 Page 9 There being no further business to come before the Council, Mayor Adame adjourned the Council meeting at 2:50 p.m. on February 14, 2012.