HomeMy WebLinkAboutMinutes City Council - 04/17/2012HEREBY CERTIFY that the foregoing is a true and correct copy of the minutes of the
Regular Meeting of the Corpus Christi City Council of April 17, 2012 which were approved by the
City Council on April 24, 2012..
WITNESSETH MY HAND AND SEAL, on this the 24th day of April, 2012.
Armando Chapa
City Secretary
SEAL
INDEXED
MINUTES
City of Corpus Christi, Texas
Regular Council Meeting
April 17, 2012 - 12:00 p.m.
Present:
Mayor Joe Adame
Council Members:
Chris Adler
Kelley Allen
Larry Elizondo
David Loeb
Priscilla Leal
Nelda Martinez
Mark Scott
ABSENT
John Marez
City Staff:
Assistant City Manager Oscar Martinez
City Attorney Carlos Valdez
City Secretary Armando Chapa
Mayor Adame called the meeting to order in the Council Chambers of City Hall. The
invocation was delivered by Chuck Goodwin, Fish for Life Ministries and the Pledge of Allegiance
to the United States Flag was led by Council Member David Loeb.
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 Workshop and Regular Council
meetings of April 10, 2012. A motion was made and passed to approve the minutes as presented.
CONSENT AGENDA
Mayor Adame called for consideration of the Consent Agenda (Items 2 - 11). Item No. 11
was pulled for individual consideration. There were no comments from the audience on the
remaining items. City Secretary Chapa polled the Council for their votes as follows:
2. MOTION NO. 2012-072
Motion approving a supply agreement with Baker & Taylor, Inc., of Charlotte, North Carolina
for library books and recordings, based on lowest responsible bid in accordance with Bid
Invitation No. BI -0074-12 for a total estimated annual expenditure of $216,360 of which
$54,090 is required for the remainder of FY2011-2012. The term of the agreement shall
be for twelve months with options to extend for up to four additional twelve month periods,
subject to the approval of the suppliers and the City Manager or designee. Funds have
been budgeted by the Corpus Christi Public Libraries in FY2011-2012.
The foregoing motion was passed and approved with the following vote: Adame, Adler,
Allen, Elizondo, Leal, Loeb, Martinez and Scott, voting "Aye"; Marez was absent.
Minutes - Regular Council Meeting
April 17, 2012
Page 2
MOTION NO. 2012-073
Motion approving the purchase of seven (7) Ford Fusions from Philpott Motors, of
Nederland, Texas for a total amount of $131,721.75. The award is based on the
Cooperative Purchasing Agreement with the Texas Local Government Cooperative. These
units are replacements to the fleet and will be used by the Police Department. Funds are
available in FY2011-2012 Capital Outlay Budget of the Maintenance Service Fund.
The foregoing motion was passed and approved with the following vote: Adame, Adler,
Allen, Elizondo, Leal, Loeb, Martinez and Scott, voting "Aye"; Marez was absent.
4. MOTION NO. 2012-074
Motion authorizing the purchase of specialized equipment for a total amount of $118,223.01
utilizing funds from the Department of Homeland Security FEMA under the 2010 Port
Security Grant Program (PSGP) and the Law Enforcement Trust Fund to purchase law
enforcement equipment for the Police Department. Funds are available in the Police Grant
Fund 1061.
The foregoing motion was passed and approved with the following vote: Adame, Adler,
Allen, Elizondo, Leal, Loeb, Martinez and Scott, voting "Aye"; Marez was absent.
5.a. MOTION NO. 2012-075
Motion authorizing the City Manager or designee to accept a grant in the amount of
$165,840 from the Executive Office of the President, Office of National Drug Control Policy,
to support the Police Department's role in the Texas Coastal Corridor Initiative in the
Houston High Intensity Drug Trafficking Area.
The foregoing motion was passed and approved with the following vote: Adame, Adler,
Allen, Elizondo, Leal, Loeb, Martinez and Scott, voting "Aye"; Marez was absent.
5.b. ORDINANCE NO. 029444
Ordinance appropriating $165,840 in the No. 1061 Police Grants fund from the
Executive Office of the President, Office of National Drug Control Policy to support the
Police Department's role in the Texas Coastal Corridor Initiative in the Houston High
Intensity Drug Trafficking Area.
An emergency was declared and the foregoing ordinance was passed and approved with
the following vote: Adame, Adler, Allen, Elizondo, Leal, Loeb, Martinez and Scott, voting
"Aye"; Marez was absent.
6. RESOLUTION NO. 029445
Resolution authorizing the City Manager or designee to submit a grant application to Texas
Department of Agriculture for a Summer Food Program Grant in the amount of
$250,000 to operate a Summer Food Service Program for summer recreation program
participants ages one to eighteen years.
Minutes - Regular Council Meeting
April 17, 2012
Page 3
The foregoing resolution was passed and approved with the following vote: Adame, Adler,
Allen, Elizondo, Leal, Loeb, Martinez and Scott, voting "Aye"; Marez was absent.
7.a. RESOLUTION NO. 029446
Resolution authorizing the City Manager or designee to execute all documents necessary
to accept a grant in the amount of $191,120 from the Texas Department of Agriculture for
the Latchkey After School Snack Program.
The foregoing resolution was passed and approved with the following vote: Adame, Adler,
Allen, Elizondo, Leal, Loeb, Martinez and Scott, voting "Aye"; Marez was absent.
7.b. ORDINANCE NO. 029447
Ordinance appropriating a grant in the amount of $191,120 from the Texas Department of
Agriculture in the No. 1067 Parks and Recreation Grants Fund for the Latchkey After
School Snack Program.
An emergency was declared and the foregoing ordinance was passed and approved with
the following vote: Adame, Adler, Allen, Elizondo, Leal, Loeb, Martinez and Scott, voting
"Aye"; Marez was absent.
8. ORDINANCE NO. 029448
Ordinance authorizing the City Manager or designee to execute a three-year lease
agreement with Gulf Coast Gem and Mineral Society for the use of a building at 3933
Timon.
An emergency was declared and the foregoing ordinance was passed and approved with
the following vote: Adame, Adler, Allen, Elizondo, Leal, Loeb, Martinez and Scott, voting
"Aye"; Marez was absent.
9. RESOLUTION NO. 029449
Resolution authorizing the City Manager or designee to sign and submit documentation of
Eminent Domain Authority to the Texas Comptroller of Public Accounts detailing the City's
legal authority to exercise its power of eminent domain, as required by
Chapter 2206,
Subchapter C, Texas Government Code (added by Senate Bill 18, 82nd Regular Session).
The foregoing resolution was passed and approved with the following vote: Adame, Adler,
Allen, Elizondo, Leal, Loeb, Martinez and Scott, voting "Aye"; Marez was absent.
10.a. RESOLUTION NO. 029450
Resolution authorizing the City Manager or designee to accept a FY2012-2013 Biennium
Rider 8 Grant from the Texas Commission on Environmental Quality (TCEQ) in the amount
of $442,300.00 for Air Quality Planning; authorizing the City. Manager or designee to
execute Amendment No. 1 to the Interlocal Cooperation Agreement with North Texas
University in the amount of $70,000.00 to extend the term of the Agreement through August
31, 2012 for Air Quality Monitoring and Modeling; authorizing the City Manager or designee
Minutes - Regular Council Meeting
April 17, 2012
Page 4
to execute Amendment No. 1 to the Interlocal Cooperation Agreement with Texas A & M
University in the amount of $70,000.00 to extend the term of the Agreement through August
31, 2012 for the Pollution Partnership Alliance (Air Quality).
The foregoing resolution was passed and approved with the following vote: Adame, Adler,
Allen, Elizondo, Leal, Loeb, Martinez and Scott, voting "Aye"; Marez was absent.
10.b. ORDINANCE NO. 029451
Ordinance appropriating $442,300 from the Texas Commission on Environmental Quality
(TCEQ) in the No. 1071 Community Enrichment Grants Fund for air quality planning
activities.
An emergency was declared and the foregoing ordinance was passed and approved
with the following vote: Adame, Adler, Allen, Elizondo, Leal, Loeb, Martinez and Scott,
voting "Aye"; Marez was absent.
The following item(s) was pulled for individual consideration and was voted on separately.
Mayor Adame asked for comments from the audience and the following individuals spoke: Allen
Lizakowski, Bryan Johnson, and Shannon Gulley. After discussion, the council postponed this item
for later in the meeting.
11. POSTPONED
Assistant City Manager Martinez announced later in the meeting that staff is still working
on resolving issues related to this item and would not be ready for action for today's meeting.
Council Member Loeb made a motion to postpone for one week, seconded by Council Member
Martinez and passed; Scott voting "No"; Marez was absent.
EXECUTIVE SESSIONS
Mayor Adame announced the executive sessions which were listed on the agenda as
follows:
11UVV�.
Executive session pursuant to Texas Government Code Section 551.071 to consult with
attorneys regarding contemplated litigation related to the City wastewater treatment plants,
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 Cause No. 2011 -DCV -1103-C, styled J.D. Maldonado,
Gabriel Vega, Timothy Wells, et al v. City of Corpus Christi, presently pending in the 94'
District Court of Nueces County, Texas, 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
April 17, 2012
Page 5
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, 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 on the executive sessions.
Mayor Adame deviated from the agenda and referred to Item No. 17. Public hearing
regarding the City of Corpus Christi's proposed FY 2012-2013 Consolidated Annual Action Plan
(CAAP) for the Community Development Block Grant (CDBG), Emergency Solutions Grant (ESG),
and HOME investment Partnerships (HOME) Programs.
Eddie Ortega, Director of Neighborhood Services provided an overview of the process and
background of the programs. He stated that the funding allocation amount for Community
Development Block Grant (CDBG) is $2,592,315, an 11% reduction from last year; Emergency
Solutions Grant (ESG) is $264,533, a 78% increase from last year; and HOME Investment
Partnership Program (HOME) is $1,030,675, 38% reduction from last year. MayorAdame stated
that each program be handled separately, beginning with CDBG, followed by ESG and HOME
program. A motion was made by Council Member Martinez and seconded by Council Member
Elizondo to open the public hearing on the three programs. The following individuals spoke
regarding the CDBG allocation: Bob Beanland spoke in support of funding Del Mar College
Business Resource Center; Abel Alonzo, spoke in support of funding Mental Health Mental
Retardation Center of Nueces County; Hope Maikan, spoke in support of funding Small Business
Center; Jimmie McCurn spoke in support of funding for the Mary McLeod Bethune Day Nursery;
Brian Devaney spoke in support of funding for Miracle League; Gary Kemp, spoke in support of
funding Del Mar College Business Resource Center; Anita Stackhouse, spoke in support of funding
Del Mar College Business Resource Center; Eddie Herrera spoke in support of funding Amistad
Community Health Center; Amy Grandberry, Charlie's Place spoke in support of the process.
Mayor Adame asked for comments from the public on the ESG program. There were no
comments. Mayor Adame asked for comments from the public on the HOME program. There
were no comments. A motion was made by Council Member Loeb, seconded by Council Member
Scott to close the public hearing and passed.
REGULAR AGENDA
MayorAdame referred to Item No. 2. Dan Biles, Interim Director of Engineering stated that
this item includes two resolutions for the Flour Bluff Street Assessments and authorizes the
construction of a Sound Wall. Mayor Adame asked for comments from the audience. There were
no comments. City Secretary Chapa polled the council for their votes as follows:
12.a. RESOLUTION NO. 029452
Resolution determining the necessity for and ordering the following highway improvement
in Corpus Christi, Nueces County, Texas, in connection with the Flour Bluff Street
Improvements: construction of a sound wall structure on public right of way at the corner
of Flour Bluff Drive and Cornerstone Drive; specifying that this improvement will be paid for
partly by the City and partly by assessments; and directing the City's Director of
Minutes - Regular Council Meeting
April 17, 2012
Page 6
Engineering Services to fife a notice of the proposed assessment with the Nueces County
Clerk.
The foregoing resolution was passed and approved with the following vote: Adame, Adler,
Allen, Elizondo, Leal, Loeb, Martinez and Scott, voting "Aye"; Marez was absent.
12.b. RESOLUTION NO. 029453
Resolution approving plans and specifications for improvement to the following highway in
Corpus Christi, Nueces County, Texas: Flour Bluff Drive and Cornerstone Drive; approving
the Director of Engineering Services' Project Construction Cost Estimate including an
estimate of the portion of costs to be paid by the City and the portion to be paid by
assessments; setting a public hearing on the proposed assessment to occur during the
April 24, 2012 City Council Meeting; directing the City Secretary to arrange to publish notice
of this public hearing; and ordering the Director of Engineering Services to provide written
notice of the public hearing to property owners.
The foregoing resolution was passed and approved with the following vote: Adame, Adler,
Allen, Elizondo, Leaf, Loeb, Martinez and Scott, voting "Aye"; Marez was absent.
Mayor Adame referred to Item No. 13. Eddie Ortega, Director of Neighborhood Services
stated that this item is acknowledging CDG Housing Corpus Christi application for Texas
Department of Housing and Community Affairs; HOME Investment Partnership Program as part
of their local match required in their tax credit application for the proposed multi -family projects for
the Villas at Woodbend. He added that the project will consist of 156 residential units, Mayor
Adame asked for comments from the audience. There were no comments. City Secretary Chapa
polled the council for their votes as follows:
13. RESOLUTION NO. 029454
Resolution of the City Council of the City of Corpus Christi, Texas in support of the
proposed construction of The Villas at Woodbend, approving an application for 9% housing
tax credits and Home Investment Partnership Program Funds to finance such project; and
providing an effective date.
The foregoing resolution was passed and approved with the following vote: Adame, Adler,
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FIRST READING ORDINANCES
Mayor Adame referred to Item No. 14. Troy Riggs, Assistant City Manager stated that this
item relates to the funding of an additional Assistant Police Chief. Mayor Adame asked for
comments from the audience. Abel Alonzo spoke in support of this item. City Secretary Chapa
polled the council for their votes as follows:
14. FIRST READING ORDINANCE
Changing the FY2011-2012 Operating Budget adopted by Ordinance No. 029155,
regarding the number of police officer positions budgeted, reducing the number of Police
Minutes - Regular Council Meeting
April 17, 2012
Page 7
Commanders from five to four, and increasing the number of Assistant Police Chiefs from
two to three; and providing an effective date.
The foregoing ordinance was passed and approved on first reading with the following vote:
Adame, Adler, Allen, Elizondo, Leal, Loeb, Martinez and Scott, voting "Aye"; Marez was
absent.
MayorAdame referred to Item No. 15, Dan Biles, Interim Director of Engineering stated that
this item is a two part item, amending the CIP budget and appropriating funds for repairs to the
American Bank Center loading dock. Mayor Adame asked for comments from the audience.
There were no comments. City Secretary Chapa polled the council for their votes as follows:
15.a. FIRST READING ORDINANCE
Approving and appropriating the transfer of $75,000 from No. 1130 Arena Facility Fund to
and appropriating in the No. 3274 Arena Type A Capital Improvement Project (CIP) Fund
for the preliminary investigation of the American Bank Center loading dock; amending the
FY2011-2012 Operating Budget, adopted by Ordinance No. 029155 by increasing
expenditures by $75,000.
The foregoing ordinance was passed and approved on first reading with the following vote:
Adame, Adler, Allen, Elizondo, Leal, Loeb, Martinez and Scott, voting "Aye"; Marez was
absent.
15.b. FIRST READING ORDINANCE
Amending the FY2012 Capital Improvement Budget adopted by Ordinance No. 029135 to
add Project No. E12016 American Bank Center loading dock; increasing expenditures in
the amount of $75,000.
The foregoing ordinance was passed and approved on first reading with the following vote:
Adame, Adler, Allen, Elizondo, Leal, Loeb, Martinez and Scott, voting "Aye"; Marez was
absent.
PUBLIC HEARINGS
Mayor Adame referred to Item No. 16. 'A nol:u_I_ I w"cidue_
dr1Ci passed to open the
following public hearing.
Case No. 0212-05: Juan G. Romero: The applicant is requesting a change of zoning from
the "FR" Farm -Rural District to a "RS -6" Single -Family 6 District, not resulting in a change
of the future land use. The property to be rezoned is a 0.213 acre out of the southwest 3
acres out of Lot 27, Section 26, Flour Bluff & Encinal Farm and Garden Tract, located east
of Rodd Field Road (County Road 9) and north of Slough Road (County Road 26).
Anika Gunning, Development Services stated that this zoning case was presented during
the future agenda. Ms. Gunning stated that the Planning Commission and Staff recommend
approval of the rezoning to the "RS -6" Single -Family 6 District. Mayor Adame asked for comments
from the audience. There were no comments. Council Member Elizondo made a motion to close
Minutes - Regular Council Meeting
April 17, 2012
Page 8
the public hearing, seconded by Council Member Scott. City Secretary Chapa polled the council
for their vote as follows:
16. ORDINANCE NO. 029455
Amending the Unified Development Code (UDC) upon application by Juan G. Romero,
Owner, by changing the UDC zoning map in reference to 0.213 acre out of the southwest
3 acres out of Lot 27, Section 26, Flour Bluff and Encinal Farm and Garden Tract, from the
"FR" Farm -Rural District to the "RS -6" Single -Family 6 District, amending the
Comprehensive Plan to account for any deviations from the existing Comprehensive Plan;
providing a repealer clause; and providing for publication.
An emergency was declared and the foregoing ordinance was passed and approved with
the following vote: Adame, Allen, Elizondo, Leal, Loeb, Martinez and Scott, voting "Aye";
Adler and Marez were absent.
FUTURE AGENDA ITEMS
Mayor Adame referred to the Future Agenda Item section on the agenda (Items 18 - 26).
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 21
through 26.
18. Motion approving the lease purchase of five (5) dump trucks from Rush Truck Centers of
Texas LP, of Houston, Texas for a total amount of $897,500 of which $65,085.77 is
required for the remainder of FY2011-2012. The award is based on the cooperative
purchasing agreement with the Texas Local Government Purchasing Cooperative (TLGPC).
All units are replacements to the fleet and will be used by the Wastewater Department.
Financing for the lease purchase of the vehicles will be provided through the City's
lease/purchase financing program.
19. Motion approving the purchase of one (1) Series III tractorfloader/backhoe from Nueces
Power Equipment, of Corpus Christi, Texas for a total amount of $67,140.85. The award
is based on the cooperative purchasing agreement with the Houston -Galveston Area
Council of Governments (H -GAC). The equipment will be used by the Gas Department.
Funds are available in FY2011-2012 Capital Outlay Budget of the Maintenance Service
Fund.
20. Resolution authorizing the City Manager or designee to submit a grant application in the
amount of $681,248 to the Automobile Burglary Theft Prevention Authority (ABTPA) to
continue the motor vehicle theft enforcement grant within the Police Department for Year
12 with a City cash match of $503,003, in-kind match of $14,019 and program income
match of $8,541 for a total project cost of $1,206,811 and authorizing the City Manager or
designee to apply for, accept, reject, alter or terminate the grant.
21. Motion authorizing the City Manager or designee to execute a construction contract with
Associated Construction Partners, of Boerne, Texas in the amount of $381,190 for O.N.
Stevens Water Treatment Plant Caustic Feed and East Program Logic Control (PLC)
Upgrades.
Minutes - Regular Council Meeting
April 17, 2012
Page 9
22. Motion authorizing the City Manager or designee to execute a construction contract with
H2O Construction Services, Inc., of Corpus Christi, Texas in the amount of $403,272 for
the Corpus Christi Beach Promenade Northward Extension for the Base Bid.
23. Motion approving a two-year subscription agreement for the Envista Project Coordination
software from Envista Corporation, of Beverly, Massachusetts, based on sole source for
the total amount of $96,000, to be used by the Utility Departments for the web -based
infrastructure project coordination. Monies are available in the Water and Wastewater
Department Operating Budgets for FY2012.
24. Motion approving the Sanitary Sewer Collection Line Extension Construction and
Reimbursement Agreement submitted by Mostaghasi Enterprises, Inc., owner and
developer of Ranch Lake Unit 2, located south of Yorktown Boulevard between the
Schanen Ditch and Lake Superior Drive, for the extension of an 8 -inch collection line,
including all related appurtenances.
25. Case No. 0311-02: The NRP Group: The applicant is requesting that Zoning Ordinance
029044 be amended by adding a twenty-four (24) month time extension for a previously
granted Special Permit.
26.a. Public Hearing on Proposed Assessments for Improvements (Construction of a Sound Wall
Structure on Public Right -of -Way) on Flour Bluff Drive.
26.b. Ordinance closing the public hearing on proposed assessments for improvements to the
following highway in Corpus Christi, Nueces County, Texas: Flour Bluff Street
Improvements: construction of a sound wall structure on public right-of-way at the corner
of Flour Bluff Drive and Cornerstone Drive; imposing assessments totaling $23,509.68
against property abutting the improvements; fixing corresponding liens on property and
charges against property owners; providing for subsequent adjustment of assessment
amounts and the corresponding liens and charges based on as -built conditions; specifying
assessment payment terms and lien enforcement measures.
PUBLIC COMMENT
Mayor Adame called for comments from the audience. Abel Alonzo, spoke about the
computer technology and viewing of city council meetings on the internet.
There being no further business to come before the Council, Mayor Adame adjourned the
Council meeting at 3:40 p.m. on April 17, 2012.