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I 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 August 29, 2017 which were approved by the City
Council on September 12, 2017.
WITNESSETH MY HAND AND SEAL, on this the 12th day of September, 2017.
-
Rebecca Huerta
City Secretary
-SEAL
•
INDEXED
,f. City of Corpus Christi Co 201 Leopard Street
4* } Corpus Christi,TX 78401
forward.cctexas.com
Meeting Minutes
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City Council
Tuesday,August 29,2017 11:30 AM Council Chambers
Public Notice--THE USE OF CELLULAR PHONES AND SOUND ACTIVATED
PAGERS ARE PROHIBITED IN THE CITY COUNCIL CHAMBERS DURING
MEETINGS OF THE CITY COUNCIL.
MEMBERS OF THE AUDIENCE WILL BE PROVIDED AN OPPORTUNITY TO
ADDRESS THE COUNCIL AT APPROXIMATELY 12:00 P.M. CITIZEN COMMENTS
WILL BE LIMITED TO THREE MINUTES. Please speak into the microphone
located at the podium and state your name and address. If you have a petition or
other information pertaining to your subject, please present it to the City
Secretary.Any electronic media(e.g. CD, DVD,flash drive)that the Public would
like to use while they speak to the City Council MUST be submitted a minimum of
24 hours prior to the meeting. Please contact the Public Communications
department at 361-826-3211 to coordinate.
A. Mayor Joe McComb to call the meeting to order.
Mayor Pro Tem Michael Hunter called the meeting to order at 11:33 a.m.
B. City Secretary Rebecca L. Huerta to call the roll of the required Charter Officers.
Ctiy Secretary Rebecca L.Huerta called the roll and announced that a quorum
of the City Council was not present to conduct the meeting.The required
Charter Officers were present.
Present:2-Council Member Michael Hunter and Council Member Greg Smith
Absent:6-Mayor Joe McComb,Council Member Rudy Garza,Council Member
Paulette Guajardo,Council Member Debbie Lindsey-Opel,Council Member
Ben Molina,Council Member Lucy Rubio,and Council Member Carolyn
Vaughn
Charter Officers:
City Manager Margie C.Rose,City Attorney Miles K.Risley and City Secretary
Rebecca L.Huerta.
Mayor Pro Tern Hunter announced that President Donald Trump would be
visiting the City of Corpus Christi today.Mayor Joe McComb will be
participating in this visit.Mayor Pro Tem Hunter recessed the City Council
meeting until 3:00 p.m.to accommodate President Trump's visit and to obtain a
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quorum of the City Council.
Mayor Pro Tem Hunter announced that the City Council agenda for today's
meeting has been abbreviated due to Hurricane Harvey.The following items of
business will be conducted:City Manager's Comments;Minutes; Public
Comment;Consent Agenda Items 3-18;Public Hearing Item 19,Public Hearing
on FY2018 Ad Valorum Tax Rate and Item 20,Public Hearing on FY2018
Operating Budget;and Regular Agenda Items 23 through 25.All other items
will be rescheduled to September 12,2017.
Mayor Pro Tem Hunter recessed the meeting at 11:37 a.m.until 3:00 p.m.
A. Mayor Joe McComb to call the meeting to order.
The Council returned from recess.Mayor McComb called the meeting to order
at 3:04 p.m.
B. Invocation to be given by Mrs. Dorothy Dundas,Texas Apostolic Prayer
Network.
City Secretary Rebecca L.Huerta gave the invocation.
C. Pledge of Allegiance to the Flag of the United States to be led by Valerie Gray,
Executive Director of Public Works.
Executive Director of Public Works Valerie Gray led the Pledge of Allegiance.
D. City Secretary Rebecca L. Huerta to call the roll of the required Charter Officers.
City Secretary Rebecca L.Huerta called the roll and verified that a quorum of
the City Council and the required Charter Officers were present to conduct the
meeting.
Charter Officers:
City Manager Margie C.Rose,City Attorney Miles K.Risley and City Secretary
Rebecca L.Huerta.
Present: 8- Mayor Joe McComb,Council Member Rudy Garza,Council Member Paulette
Guajardo,Council Member Michael Hunter,Council Member Debbie
Lindsey-Opel,Council Member Ben Molina,Council Member Greg Smith,
and Council Member Carolyn Vaughn
Absent: 1 - Council Member Lucy Rubio
E. Proclamations/Commendations
1. Proclamation declaring September 2, 2017, "Foy H. Moody High School
50th Anniversary Day".
Proclamation declaring September 9, 2017, "2017 Walk to End
Alzheimer's Day".
Commendation recognizing Foy H. Moody High School Baseball Team
as Class of 2017 5A State Semifinalists.
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Swearing-In Ceremony for Newly Appointed Board, Commission and
Committee Members.
The Proclamations,Commendation and Swearing-In Ceremony were
postponed.
F. CITY MANAGER'S COMMENTS/UPDATE ON CITY OPERATIONS:
Mayor McComb referred to City Manager's Comments.City Manager Margie C.
Rose reported on the following information related to Hurricane Harvey efforts:
a. OTHER
1)A team of city employees has been dispatched to San Antonio today to
begin the process of returning residents that evacuated to San Antonio prior to
the storm.Approximately 850 citizens were transferred to shelters in advance
of Hurricane Harvey.In order for the residents to return,the team must
determine if the residents have the necessary resources,including power,
before they can be transported back to the City of Corpus Christi.2)Residents
who sustained wind storm damage can begin to file claims with the Texas
Windstorm Insurance Association by calling 1-800-788-8247 or online at
twia.org/claimscenter.Information is available on the City's website at
www.cctexas.com under the Hurricane Harvey storm link.3)On Monday,
August 28,2017,a total of 14 assessment teams,made up of city employees,
began investigating City-wide property damage and damaged City properties.
The teams are using mobile technology and GIS mapping to conduct
assessments quicker than ever before.This application technology coordinates
with unique address codes and assists with comprehensive reporting.This
damage assessment is critical in order to seek FEMA reimbursement in the
future.
Mayor McComb spoke regarding President Trump's visit to Corpus Christi and
federal and state efforts to provide resources to the area.Mayor McComb
commended the Police Department,Fire Department,Emergency Management
and various city employees on their preparation and response efforts and
spoke regarding the devastation to the cities of Rockport and Port Aransas.
G. MINUTES:
2. Regular Meeting of August 22, 2017.
Mayor McComb referred to approval of the minutes.Council Member Garza
made a motion to approve the minutes,seconded by Council Member
Lindsey-Opel and passed unanimously.
H. BOARD & COMMITTEE APPOINTMENTS: (NONE)
EXPLANATION OF COUNCIL ACTION:
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J. PUBLIC COMMENT FROM THE AUDIENCE ON MATTERS NOT SCHEDULED ON
THE AGENDA WILL BE HEARD AT APPROXIMATELY 12:00 P.M. A recording is
made of the meeting; therefore, please speak into the microphone located at the
podium and state your name and address. If you choose to speak during this
public comment period regarding an item on the agenda,you may do so.You will
not be allowed to speak again, however,when the Council is considering the
item. Citizen comments are limited to three minutes. If you have a petition or
other information pertaining to your subject, please present it to the City
Secretary.Any electronic media(e.g. CD, DVD,flash drive)that the Public would
like to use while they speak MUST be submitted a minimum of 24 hours prior to
the Meeting. Please contact the Public Communications department at
361-826-3211 to coordinate.
Mayor McComb referred to comments from the public.Joan Veith,5701 Cain
Drive,complimented the City's first responders,city staff,and City Council for
the amazing efforts during Hurricane Harvey.Bill Koontz,Public Information
Officer for the U.S.Small Business Administration(SBA),announced that the
SBA will be working in Corpus Christi and surrounding areas to assist with
federal disaster loans for businesses,private nonprofits,homeowners and
renters.Sean Strawbridge,Deputy Executive Director of the Port of Corpus
Christi Authority(Port),provided an update on the Port's recovery efforts,
post-Hurricane Harvey,to ensure the safety of the Corpus Christi Ship Channel
and resume operations.
K. CONSENT AGENDA: (ITEMS 3 - 18)
•
Approval of the Consent Agenda
Mayor McComb referred to the Consent Agenda.There were no comments
from the public.A council member requested that Item 6 be pulled for
individual consideration.
Council Member Garza made a motion to approve the consent agenda,
seconded by Council Member Lindsey-Opel.The consent agenda items were
passed and approved by one vote as follows:
Aye: 8- Mayor McComb,Council Member Garza, Council Member Guajardo,
Council Member Hunter,Council Member Lindsey-Opel,Council Member
Molina, Council Member Smith and Council Member Vaughn
Absent: 1 - Council Member Rubio
Abstained: 0
3. Resolution Authorizing Submission of a Grant Application for the
Edward Byrne Memorial Justice, Bureau of Justice Assistance
Grant(JAG) FY 2017 Local Solicitation within the Police
Department
Resolution authorizing the City Manager, or designee, to submit a grant
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application in the amount of$157,240 to the U.S. Department of Justice,
Bureau of Justice Assistance for funding eligible under the Edward Byrne
Memorial Justice Assistance Grant(JAG) Program FY 2017 Local
Solicitation with 50% of the funds to be distributed to Nueces County
under an Interlocal Agreement; and authorizing the City Manager or
designee to execute an Interlocal Agreement between the City of Corpus
Christi and Nueces County to establish terms for the sharing of the
Edward Byrne Memorial Justice Grant(JAG) Program FY 2017-18 Local
Solicitation.
This.Resolution was passed on the consent agenda.
Enactment No:031230
4. Vital Records Agreement that allows the Health District to Access
the Texas Electronic Registration Remote System
Motion authorizing the City Manager or designee to execute all
documents necessary to accept an amendment to a contract with the
Department of State Health Services (DSHS)for the amended contract
period 9/1/2015 through 8/31/2018 to provide the Corpus Christi-Nueces
County Public Health District(CCNCPHD) access to the Texas
Electronic Registration Remote System (TER Remote System)for the
purpose of issuing individual birth certificates, and pay DSHS a fee of
$1.83 for each Certification of Vital Record printed as a result of
searches of the database.
This Motion was passed on the consent agenda.
Enactment No: M2017-127
5. Supply Agreement for the Purchase of Traffic Control
Thermoplastics Material
Motion authorizing City Manager, or designee, to execute a supply
agreement with Flint Trading, Inc., of Charlotte, North Carolina, for the
purchase of traffic control thermoplastics material, based on a
cooperative purchasing agreement with The State of Texas SmartBuy
(TX SmartBuy)for a total amount not to exceed $80,689.20. The term of
the agreement is for one-year, with the option to extend up to two
one-year periods, subject to the sole discretion of the City.
This Motion was passed on the consent agenda.
Enactment No: M2017-128
7. Service Agreement for Unleaded Gasoline and Ultra-Low Sulfur
Diesel (TXLED) Fuel Delivery Service
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Motion authorizing City Manager, or designee, to execute a service
agreement with Petroleum Traders Corporation, of Fort Wayne, Indiana
for unleaded gasoline and ultra-low sulfur diesel (TX LED)fuel delivery
services, in accordance with Request for Bid No. 1178, based on the
lowest responsive, responsible bid for a total amount not to exceed
$2,559,424.88 with an estimated expenditure of$427,000.00 in FY
2016-2017. The term of this contract will be for one year with options to
extend for two additional one-year periods at the sole discretion of the
City.
This Motion was passed on the consent agenda.
Enactment No: M2017-129
8. Supply Agreement for Standard Gasoline and Ultra-Low sulfur
Diesel with Fuel Cards
Motion authorizing City Manager, or designee, to execute an agreement
with Valero Marketing and Supply Company, of San Antonio, Texas for
the purchase of standard gasoline& ultra-low sulfur diesel with fuel cards
in response to Request for Bid No. 701 based on the lowest responsive,
responsible bid for a total amount not to exceed $2,999,174.78,with an
estimated expenditure of$249,931.23 funded by various funds in FY
2016-2017. The term of the agreement is for one year with an option to
extend for up to two additional one-year periods, subject to the sole
discretion of the City.
This Motion was passed on the consent agenda.
Enactment No: M2017-130
9. Service Agreement for the Purchase and Installation of Six Air
Condition Units at Oso Wastewater Treatment Plant
Motion approving a Service Agreement for the purchase and installation
of six air condition units at Oso Wastewater Treatment Plant not to
exceed $67,136.00 from Pro Tech Mechanical, Inc. of Corpus Christi,
Texas through the Local Government Purchasing Cooperative dba
Buyboard, for use by the Facilities and Property Management
Department for Oso Wastewater Treatment Plant. Funds budgeted in FY
2016-17.
This Motion was passed on the consent agenda.
Enactment No: M2017-131
10. Second Reading Ordinance-Accepting and Appropriating the FY
2018 Texas Automobile Burglary Theft Prevention Authority
(ABTPA) Grant(1st Reading 8/22/17)
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Ordinance authorizing the City Manager or designee to execute all
documents necessary to accept a grant from the Texas Automobile
Burglary Theft Prevention Authority (ABTPA) grant in the amount of
$410,973 to continue the motor vehicle theft enforcement grant within the
Police Department for Year 17, with a City match of$675,542, in-kind
match of$48,889 in the No. 1020 Police General Fund, and program
income match of$9,517 for a total project cost of$1,144,924;
designating the Chief of Police as Program Director and Director of
Finance as financial officer for this ABTPA grant; appropriating $410,973
from the ABTPA in the No. 1061 Police Grants Fund; and appropriating
$9,517 in program income match in the No. 1061 Police Grants Fund to
continue the motor vehicle theft enforcement grant within the Police
Department.
This Ordinance was passed on second reading on the consent agenda.
Enactment No:031231
11. Second Reading Ordinance -Accepting and Appropriating the
FY2017 Local Border Security Program (LBSP) Grant for the Police
Department(1st Reading 8/22/17)
Ordinance authorizing the City Manager or designee to execute all
documents necessary to accept a grant in the amount of$28,000 from
the Texas Department of Public Safety, Texas Homeland Security State
Administrative Agency for funding eligible under the FY2017 Local
Border Security Program (LBSP) grant to reimburse overtime and fringe
benefits; and appropriating the$28,000 in the No. 1061 Police Grants
Fund.
This Ordinance was passed on second reading on the consent agenda.
Enactment No:031232
12. Second Reading Ordinance- Accepting and Appropriating grant
funds for the Tuberculosis Prevention and Control-State
(TBPC-STATE) Grant(1st Reading 8/22/17)
Ordinance authorizing the City Manager or designee to execute all
documents necessary to accept, amend, and appropriate a grant
contract for the Tuberculosis Prevention and Control-State
(TB/PC-STATE) grant in the amount of$61,645.00, from the Texas
Department of State Health Services in the No. 1066 Health Grants Fund
with a City match of$12,329.00, from 1020 General Fund to provide
tuberculosis prevention and control services for the contract period
September 1, 2017, through August 31, 2018 for a total project cost of
$73,974.00.
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This Ordinance was passed on second reading on the consent agenda.
Enactment No:031233
13. Second Reading Ordinance -Accepting and Appropriating grant
funds for the Laboratory Response Network Influenza
Surveillance and Epidemiology Activities (LRN/FLU-LAB)grant
(1st Reading 8/22/17)
Ordinance authorizing the City Manager or designee to execute all
documents necessary to accept, amend, and appropriate a grant
contract for the Laboratory Response Network Influenza Surveillance and
Epidemiology Activities (LRN/FLU-LAB)grant in the amount of
$10,000.00 from the Texas Department of State Health Services in the
No. 1066 Health Grants Fund to provide flu testing for the contract period
September 1, 2017,through August 31, 2019.
This Ordinance was passed on second reading on the consent agenda.
Enactment No:031234
14. Second Reading Ordinance -Accepting and Appropriating grant
funds for the Regional Local Services System/Local Public Health
System (RLSS/LPHS) grant(1st Reading 8/22/17)
Ordinance authorizing the City Manager or designee to execute all
documents necessary to accept, amend, and appropriate a grant
contract for the Regional Local Services System/Local Public Health
System (RLSS/LPHS) grant in the amount of$328,736.00, from the
Texas Department of State Health Services in the Health Grants Fund
No. 1066, to provide essential public health services for the contract
period September 1, 2017, through August 31, 2019; and appropriating
related program income in the estimated amount of$260,000.00 in the
Health Grants Fund No. 1066.
This Ordinance was passed on second reading on the consent agenda.
Enactment No:031235
15. Second Reading Ordinance-Closing of a utility easement located
at 7313 South Staples Street(1st Reading 8/22/17)
Ordinance abandoning and vacating 0.137 acres of an existing utility
easement out of a part of Roger's Subdivision, Block 1, Lot 1B, located
at 7313 South Staples Street and requiring the owner, DOXA
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Enterprises, L.P., to comply with the specified conditions.
This Ordinance was passed on second reading on the consent agenda.
Enactment No: 031236
16. . Second Reading Ordinance-Appropriating funds for the
purchase of one waste handler wheel loader and one backhoe
loader for use in Solid Waste Operations (1st Reading 8/22/17)
Ordinance appropriating $326,528.17 from the reserved future
replacement account into the capital outlay expenditure account in
Maintenance Services Fund No. 5110 for the purchase of one waste
handler wheel loader and one backhoe loader; amending the FY2016-17
operating budget adopted by Ordinance No. 030965 by increasing
expenditures by$326,528.17; authorizing the City Manager or designee
to execute all necessary documents to purchase a total of one ZBAR
waste handler wheel loader for$250,528.17 from Nueces Power
Equipment, of Corpus Christi, Texas, and one backhoe loader for
$76,000.00 from Doggett Heavy Machinery Services, LLC., Corpus
Christi, Texas, based on the cooperative purchasing agreements with
Houston-Galveston Area Council and Local Government Purchasing
Cooperative dba BuyBoard respectively, for a total amount not to exceed
$326,528.17, for use by Solid Waste Operations.
This Ordinance was passed on second reading on the consent agenda.
Enactment No: 031237
17. Second Reading Ordinance -Appropriating Funds for the
Purchase of two Ford F-550 Trucks with Service Bodies for Solid
Waste Operations (1st Reading 8/22/17)
Ordinance appropriating $210,058.00 from the reserved future
replacement account into the capital outlay expenditure account in
Maintenance Services Fund No. 5110 for the purchase of two 2017 Ford
F-550 trucks with service bodies; amending the FY2016-17 operating
budget adopted by Ordinance No. 030965 by increasing expenditures by
$210,058.00; authorizing the City Manager or designee to execute all
necessary documents to purchase a total of two 2017 Ford F-550 trucks
with service bodies for$210,058.00 from Grande Truck Center, of San
Antonio, Texas, through the Local Government Purchasing Cooperative
dba Buyboard, for use by Solid Waste Operations.
This Ordinance was passed on second reading on the consent agenda.
Enactment No:031238
18. Second Reading Ordinance-Donating Surplus Property to Habitat
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for Humanity (1st Reading 8/22/17)
Ordinance authorizing the conveyance of a tract of land located within the
city at 1901 Brennan Street to Habitat for Humanity to be re-platted and
rezoned by Habitat for Humanity forconstruction of a single-family
affordable house at 1902 Lipan Street, subject to specified conditions;
authorizing the City Manager or designee to execute all necessary
documents related to the transaction; and providing for severance.
This Ordinance was passed on second reading on the consent agenda.
Enactment No:031239
6. Construction Contract for O.N. Stevens Water Treatment Plant
Intermediate Sludge Removal Phase 1 FY 2018 (Capital
Improvement Program)
Motion authorizing the City Manager, or designee, to execute a
construction contract with American Process Group, Inc., of Tacoma,
Washington in the amount of$3,750,000 for the O.N. Stevens Water
Treatment Plant(ONSWTP) Intermediate Sludge Removal Phase 1 FY
2018 for Base Bid Part A plus Additive Alternate No. 1. (Capital
Improvement Program) (CIP)
Mayor McComb referred to Item 6.Council Member Lindsey-Opel made a
motion to table the item to the meeting of September 12,2017,seconded by
Council Member Guajardo. This Motion was tabled with the following vote:
Aye: 8- Mayor McComb,Council Member Garza, Council Member Guajardo,
Council Member Hunter,Council Member Lindsey-Opel, Council Member
Molina, Council Member Smith and Council Member Vaughn
Absent: 1 - Council Member Rubio
Abstained: 0
L. RECESS FOR LUNCH
A recess for lunch was not taken.
M. PUBLIC HEARINGS: (ITEMS 19.-22)
19. Public Hearing on Fiscal Year 2018 Ad Valorem Tax Rate
Mayor McComb referred to Item 19.Director of Financial Services Constance
Sanchez stated that the purpose of this item is to hold the second public
hearing regarding the proposed FY2018 ad valorem tax rate of$0.606264 per
$100 valuation.
Council members and staff discussed the following topics:the timeframe for
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adopting the tax rate;an explanation of the Truth-in-Taxation calendar for
adopting the tax rate;how increasing the tax rate would require
re-advertisement in the newspaper,two additional public hearings,and setting
another date to vote on the tax rate;the request from the Nueces County Tax
Appraisal Office that all entities provide their tax rates the week of September
11,2017 and,if the tax rate is not provided by the deadline,the City's portion of
the tax rate that would not be included in the consolidate tax bill and that the
City would be required to bear the cost of its portion of the tax mail-out to
citizens;the tax rate reverting back to the lower of the existing tax rate or the
effective tax rate if the tax rate is not adopted by September 30,2017;a
discussion regarding the voter-approved charter amendment to establish a
dedicated fund to address residential street reconstruction funded by a tax
increase,not to exceed two cents per one hundred dollars assessed value per
year;information on the amount of the contract with the Nueces County Tax
Appraiser's Office for providing services;the increase in ad valorem taxes
related to new development;the amount of revenue generated by increasing
the tax rate by one cent;increasing the tax rate two cents would subject the
tax rate to a referendum;concern with property owners carrying the burden of
residential street improvements;and identifying funding for residential streets
from the General Fund.
Mayor McComb opened the public hearing.There were no comments from the •
public.Mayor McComb closed the public hearing.
Mayor McComb read the following statement"During the September 12,2017
City Council meeting at 11:30 a.m.at City Hall,the City Council will vote on the
proposed property tax rate."
MOTION OF DIRECTION
Council Member Garza made a motion directing the City Manager to prepare
all documents necessary to provide for an increase of 1 cent fora total tax rate
of$0.616264 per$100 valuation dedicated to residential streets,seconded by
Council Member Molina.The Motion of Direction failed with the following vote:
Council Members Smith,Garza,and Molina,voting"Aye";Mayor McComb,
Council Members Vaughn,Guajardo,Hunter,and Lindsey-Opel voting"No";
Council Member Rubio-absent.
20. Public Hearing on Fiscal Year 2017-2018 Operating Budget
Public hearing for the City of Corpus Christi Fiscal Year 2017-2018
Operating Budget for August 29, 2017 during the regular City Council
meeting beginning at 11:30 am at City Hall, 1201 Leopard Street,
Corpus Christi, Texas. This budget will raise more total property taxes
than last year's budget by$4,034,005 (General Fund $2,506,865 Debt
Service Fund $1,527,140), or 3.7%, and of that amount an estimated
$2,668,101 is tax revenue to be raised from new property added to the
tax roll this year.
Mayor McComb referred to Item 20.Director of Management and Budget Eddie
Houlihan stated that the purpose of this item is to hold a public hearing on the
proposed FY2017-2018 Operating Budget.Mr.Houlihan presented the following
information:mission and mission elements;the full-time equivalent count;
revenue and total expenditures;proposed budget highlights;a history of
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property tax rates;the projected fund balance of the General Fund,Internal
Service Funds,Enterprise Funds,and Special Revenue Funds;a summary of
the proposed amendments;and key dates.
Council members and staff discussed the following topics:addressing health
insurance;an explanation of the conversion of seven temporary positions to
five full-time equivalents for Water Quality Technicians;the need to have
stability and reliability with Water Quality Technnician positions;consideration
to increase the salary of temporary positions to encourage stability;
employment practices;the number of Water Department employees,the
number of employees reading water samples,and the difficulty associated
with collecting and reading water samples;the calculations for determining
the percentage of salaries and benefits for employees;the residential street
program in the Special Revenue Fund;and an explanation of the financial
policies transfer from the General Fund to the Residential Street Fund.
Mayor McComb opened the public hearing.There were no comments from the
Council or the public.Mayor McComb closed the public hearing.
21. Public Hearing and First Reading Ordinance-Rezoning property
located at 6802 Weber Road
Case No. 0617-03 CC Ventures Equities IV, LP: A change of zoning
from the"CN-1" Neighborhood Commercial District to "CG-2" General
Commercial District. The property is described as being 0.839 acres out
of the west 170 feet of Foxwood Estates Phase III, Block 11, Lot 2,
located along the east side of Weber Road, north of Bratton Road, and
south of Saratoga Boulevard.
Planning Commission and Staff Recommendation (July 26, 2017):
Approval of the change of zoning from the "CN-1" Neighborhood
Commercial District to the"CG-2" General Commercial District.
Ordinance:
Ordinance amending the Unified Development Code ("UDC"), upon
application by CC Ventures Equities IV, LP ("Owner"), by changing the
UDC Zoning Map in reference to the west 170 feet of Foxwood Estates
Phase III, Block 11, Lot 2, from the"CN-1" Neighborhood Commercial
District to the "CG-2" General Commercial District; amending the
Comprehensive Plan to account for any deviations; and providing for a
repealer clause and publication.
This item was postponed.
22. Public Hearing and First Reading Ordinance -Rezoning property
located at 1840 Saratoga Boulevard
Case No. 0717-02 Bradley W. Shirley and Valerie V. Shirley: A change
of zoning from the "RS-6"Single-Family 6 District to the "IL" Light
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Industrial District. The property is described as being Bohemian Colony
Lands 6.379 acres out of Section 7, Lot 5, located north of Saratoga
Boulevard and east of Greenwood Drive.
Planning Commission and Staff Recommendation (July 26, 2017):
Approval of the change of zoning from the"RS-6" Single-Family District to
the"IL" Light Industrial District.
Ordinance:
Ordinance amending the Unified Development Code ("UDC"), upon
application by Bradley W. Shirley and Valerie V. Shirley Cox("Owner"),
by changing the UDC Zoning Map in reference to Bohemian Colony
Lands 6.379 acres out of Sec. 7, Lot 5, from the"RS-6"Single-Family 6
District to the "IL" Light Industrial District; amending the Comprehensive
Plan to account for any deviations; and providing for a repealer clause
and publication.
This item was postponed.
N. REGULAR AGENDA: (ITEMS 23 -26)
23. Resolution amending the City's Financial Budgetary Policies
Resolution amending Financial Budgetary Policies adopted by
Resolution 031189 and providing financial policy direction on preparation
of the annual budgets.
Mayor McComb referred to Item 23.Director of Management and Budget Eddie
Houlihan stated that the purpose of this item is to amend the Financial
Budgetary Policies.The policies have been amended to include the direction
by City Council to amend Section 4.1 Internal Service Funds by adding the
language"a maximum of an additional two percent,for a total of five
percent".There were no comments from the public.
Council members and staff discussed the following topics:Section 8 regarding
funding level from General Fund for Residential/Local Street Capital
Improvement Projects;the impact of Hurricane Harvey on the budget;drawing
down of reserves and continuing to lose a margin of recoverability;
clarification on the amendment language and how it relates to reserves;
zero-based budgeting and rebating the funds to fund balance;the need for
Internal Service Funds to have an unreserved fund balance;and the use of
General Fund reserves during a disaster.
Council Member Hunter made a motion to approve the resolution,seconded by
•
Council Member Lindsey-Opel. This Resolution was passed and approved with
the following vote:
Aye: 8- Mayor McComb,Council Member Garza, Council Member Guajardo,
Council Member Hunter, Council Member Lindsey-Opel, Council Member
Molina, Council Member Smith and Council Member Vaughn
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Absent: 1 - Council Member Rubio
Abstained: 0
Enactment No:031240
24. Second Reading Ordinance-Authorizing the Issuance of Utility
System Revenue Improvement Bonds for State Water
Implementation Revenue Fund for Texas (SWIRFT)funding
through the Texas Water Development Board (TWDB)for
Seawater Desalination (1st Reading 8/22/17)
Ordinance authorizing the issuance of"City of Corpus Christi, Texas
Utility System Junior Lien Revenue Improvement Bonds, Series 2017" in
an amount not to exceed $2,750,000; making provisions for the payment
and security thereof by a junior and inferior lien on and pledge of the net
revenues of the City's Utility System on a parity with certain currently
outstanding utility system revenue obligations; stipulating the terms and
conditions for the issuance of additional Revenue Bonds on a parity
therewith; prescribing the form, terms, conditions, and resolving other
matters incident and related to the issuance, sale, and delivery of the
Bonds; including the approval of an application to the Texas Water
Development Board; authorizing the execution of a paying agent/registrar
agreement, a financing agreement, and an escrow agreement;
complying with the requirements imposed by the letter of representations
previously executed with the depository trust company; complying with the
regulations promulgated by the Texas Water Development Board;
delegating the authority to certain members of the City staff to execute
certain documents relating to the sale of the bonds; enacting other
provisions incident and related to the subject and purpose of this
ordinance; and providing an effective date.
Mayor McComb referred to Item 24,authorizing the issuance of Utility System
Revenue Improvement Bonds for SWIRFT Funding through the Texas Water
Development Board.Assistant City Manager Mark Van Vleck and council
members discussed the following topics:how the funding will be used;the
scope of the contract and goals;the original contract with Freese and Nichols;
the funding mechanism for repayment of the bonds;providing the City Council
with a 90-to 120-day planning calendar of items on the horizon for
consideration;whether the study will provide information on the ultimate
capacity of the seawater desalination plants;the timeframe that the City
Council has been considering the SWIRFT funds;the City investigating
desalination as a water source;the effect on ratepayers;clarification on the
amount of the issuance;an option to use the raw water supply development
fund to pay the debt and the current balance of the fund;the reason for
borrowing money for the seawater desalination project when there are funds
available in the raw water supply development fund;the intent to have
industrial users pay for the debt;the payment structure of the loan;and the
interest rate.There were no comments from the public.
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Council Member Garza made a motion to approve the ordinance,seconded by
Council Member Hunter. This Ordinance was passed on second reading and
approved with the following vote:
Aye: 8- Mayor McComb,Council Member Garza, Council Member Guajardo,
Council Member Hunter,Council Member Lindsey-Opel, Council Member
Molina, Council Member Smith and Council Member Vaughn
Absent: 1 - Council Member Rubio
Abstained: 0
Enactment No:031241
25. Appointing Financial Advisor for the Issuance of the City of
Corpus Christi, Texas Utility System Junior Lien Revenue
Improvement Bonds,Series 2017".
Motion authorizing the appointment of and approving the contract for M.
E. Allison, &Co., as Financial Advisor for the issuance of the"City of
Corpus Christi, Texas Utility System Junior Lien Revenue Improvement
Bonds, Series 2017", in an amount not to exceed $2,750,000.
Mayor McComb referred to Item 25.Director of Financial Services Constance
Sanchez stated that this item is related the the action taken on Item 24.The
purpose of this item is to appoint M.E.Allison,&Co.,as Financial Advisor for
the transaction with the Texas Water Development Board regarding the
SWIRFT funding.Ms.Sanchez stated that the Texas Water Development Board
requires that the City use a financial advisor to run all the finanical data that is
necessary to document the deal and that no other party has the resources to do
so.In addition,the Municipal Advisory Rules adopted by the Securities and
Exchange Commission prohibit bond underwriters from interfacing directly
with municipalities.The Financial Advisor will be the third-party in between
the person selling the bonds and the issuer.There were no comments from the
public.
Council members and staff discussed the following topics:the responsibilities
of the financial advisor;how the fees the City pays to the financial advisor
compare with other municipalities;the City's bond counsel,Norton Rose
Fulbright US LLP;whether bond counsel is representing Flint Hills in their
appraisal appeal;potential conflicts with bond counsel and the impact the Flint
Hills appeal has on the City;desire to utilize different bond counsel on future
financial transactions;the terms of the contract;the cost to terminate the
contract;and a future item in executive session to discuss the implications of
terminating the contract with bond counsel:
Council Member Garza made a motion to approve the motion,seconded by
Council Member Lindsey-Opel. This Motion was passed and approved with the
following vote:
Aye: 5- Council Member Garza,Council Member Hunter, Council Member
Lindsey-Opel, Council Member Molina and Council Member Smith
Nay: 3- Mayor McComb, Council Member Guajardo and Council Member Vaughn
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Absent: 1 - Council Member Rubio
Abstained: 0
Enactment No: M2017-132
26. Resolution Amending City Council Policies
Resolution Amending City Council Policies Service on More Than One
Board, Commission, Committee or Corporation.
This item was postponed.
Q. FIRST READING ORDINANCES: (ITEMS 27-Zg),
27. First Reading for Fiscal Year 2017-2018 Capital Budget and Capital
Improvement Planning Guide
Ordinance approving the Fiscal Year 2017-2018 Capital Budget and
Capital Improvement Planning Guide in the amount of$174,057,200.
This item was postponed.
28. First Reading Ordinance -Approving the Fiscal Year 2017-2018
Capital Budget and Capital Improvement Planning Guide
Ordinance approving the Fiscal Year 2017-2018 Capital Budget and
Capital Improvement Planning Guide in the amount of$142,224,600.
This item was postponed.
29. First Reading Ordinance -Accepting and appropriating funds for
the 2018 Comprehensive Selective Traffic Enforcement Project
(STEP)within the Police Department
Ordinance authorizing the City Manager or designee to execute all
documents necessary to accept a grant from the Texas Department of
Transportation (TXDOT) in the amount of$155,000.09 for the 2018
Comprehensive Selective Traffic Enforcement Project(STEP)within the
Police Department, for Driving While Intoxicated (DWI), speed
enforcement, and distracted driving overtime, with a city match of
$47,166.67, for a total project cost of$202,166.76 and appropriating
$155,000.09 in the No. 1061 Police Grants Fund.
This item was postponed.
R. FUTURE AGENDA ITEMS: (ITEMS 30 -36)
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30. Service Agreement for Health and Welfare Consulting Services
Motion authorizing the City Manager or designee to execute service
agreement with IPS Advisors, LLP of Dallas, Texas for health and welfare
benefits consulting services in accordance with Request for Proposal
(RFP) No. 973, based on best value for a total amount not to exceed
$59,000 for the initial year, with a step price increase throughout the
option years. The initial year's funding will be requested for FY 2017-18.
The term of this agreement is for one year with option to extend for up to
four additional one-year periods, subject to the sole discretion of the City.
This item was postponed.
31. Purchase and Installation of Playground Equipment for Captain
Falcon Park(4712 Oso Parkway)and Crestmont Park(3521
Cresthill Drive)
Motion approving the purchase and installation of playground equipment
at Captain Falcon Park from Park Place Recreation Designs, Inc., of San
Antonio, Texas for$52,152.65, and the purchase and supervision of
installation of playground equipment at Crestmont Park from Exerplay,
Inc., of Cedar Crest New Mexico for$61,059.75, for a total not to exceed
of$1,13,212.40 based.on the cooperative purchasing agreement with the
Local Government Purchasing Cooperative dba BuyBoard.
This item was postponed.
32. Construction Contract for the Aquatic Facility Upgrades and
Improvements -West Guth Pool Project
Motion authorizing the City Manager, or designee, to execute a
construction contract with Progressive Commercial Aquatics, Inc. of
Houston, Texas in the amount of$1,512,189 for the Aquatic Facility
Upgrades and Improvements-West Guth Pool project for the base bid
plus additive alternates 1, 2 and 3. (Bond 2012 Proposition 4)
This item was postponed.
33. Professional Services Contract for the Bridge Rehabilitation
Project(Capital Improvement Program)
Motion authorizing the City Manager, or designee, to execute a
professional services contract with LJA Engineering, Inc., of Corpus
Christi, Texas in the amount of$114,950 for the Bridge Rehabilitation
project. (Capital Improvement Program) (CIP) The term of this
agreement is for one year with option to extend for two additional
one-year periods subject to the sole discretion of the City based on
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sufficient funding and successful performance by the engineering firm.
This item was postponed.
34. Supply Agreement for Concrete
Motion authorizing City Manager, or designee, to execute a supply
agreement with Custom-Crete, LLC, of Euless, Texas for the purchase of
concrete in response to Request for Bid No. 958 based on the lowest
responsive, responsible bid for a total amount not to exceed $105,700.00
with an estimated expenditure of$8,808.33 in FY2016-2017 and funded
by the Storm Water Fund. The term of the agreement is for one year with
an option to extend for up to two additional one-year periods, subject to
the sole discretion of the City.
This item was postponed.
35. Supply Agreement for Cement Stablizing Sand
Motion authorizing City Manager, or designee, to execute a supply
agreement with Aaron Concrete Contractors, of Aransas Pass, Texas for
the supply of cement stabilizing sand in response to Request for Bid No.
1152 based on the lowest responsive, responsible bid for a total amount
not to exceed $297,828.94, with an estimated expenditure of$24,819.08
in FY2016-2017. The term of the agreement is for one year with an
option to extend for up to two additional one year periods, subject to the
sole discretion of the City.
This item was postponed.
36. Supply Agreement for Sodium Hypochlorite for Water and
Wastewater Plants
Motion authorizing City Manager, or designee, to execute a supply
agreement with Brenntag Southwest, Inc., of Longview, Texas for the
purchase of Sodium Hypochlorite ("chemical") in response to Request for
Bid No. 1149 based on the lowest responsive, responsible bid for a total
amount not to exceed $1,498,465.05, with an estimated expenditure of
$124,872.09 in FY2016-2017 and funded by the Utilities Fund. The term
of the agreement is for one year with an option to extend for up to two
additional one-year periods, subject to the sole discretion of the City.
This item was postponed.
T. BRIEFINGS: (ITEMS 37 -40)
37. Texas State Aquarium by Tom Schmid, President and CEO
This item was postponed.
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38. Control Network Architcture Upgrade O.N.Stevens Water
Treatment Plant(ONSWTP) High Service No.3
This item was postponed..
39. Discussion regarding Appointments to the Charter Review Ad Hoc
Committee
This item was postponed.
40. Discussion regarding Al Kruze Tennis Center
This item was postponed.
U. EXECUTIVE SESSION: (ITEMS 41 -43)
41. Executive Session pursuant to Texas Government Code§551.071
and Texas Disciplinary Rules of Professional Conduct Rule 1.05 to
consult with attorneys concerning legal issues related to water supplies
for industrial and other development, existing or potential agreements
with water districts and other governmental entities involving the sale or
purchase of water, wastewater, water rights or other utility services,
potential economic development agreement(s)with business prospects
that are considering the construction, expansion, and/or ownership of
industrial facilities that will be consumers of water and/or wastewater
services, potential creation of entities that could provide or assist in the
provision of the aforementioned services, desalination, water reuse, and
state regulations related to the aforementioned topics, and pursuant to
Texas Government Code§551.087 to discuss confidential
commercial or financial information pertaining to the aforesaid business
prospect(s)that the City seeks to have locate, stay or expand in or near
the territory of the City and with which the City may conduct economic
development negotiations and/or deliberate possible economic
development issues concerning said business prospect(s), including, but
not limited to, the provision of water to said business prospect(s)and the
management, sale, or acquisition of rights to water for said business
prospect(s).
This item was postponed.
43. Executive session pursuant to Texas Government Code§551.074
(Personnel Matters)to deliberate the appointment, employment,
evaluation, reassignment, duties, discipline, or dismissal of the City
Manager.
This item was postponed.
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42. Executive Session pursuant to Texas Government Code§551.071
and Texas Disciplinary Rules of Professional Conduct Rule 1.05 to
consult with attorneys concerning claims and potential litigation related to
the contract for the construction of the Mary Rhodes Pipeline Phase 2-
Pump Station/Sedimentation Basin and potential authorization of
professional services agreement(s)with expert(s)for analysis of
aforementioned claims.
This item was postponed.
V. IDENTIFY COUNCIL FUTURE AGENDA ITEMS
None.
W. ADJOURNMENT
Mayor McComb conveyed,on behalf of the City Council,appreciation to City
Manager Margie C.Rose,city staff,first responders,emergency operations,
and volunteers for their efforts during and after Hurricane Harvey.
Mayor McComb read a statement related to price gouging as follows:"Price
gouging is a crime in Corpus Christi.The City's price gouging prohibition is in
Section 16-5 of the City Code.For a hurricane,it prohibits persons from selling
necessities,including fuel,food,medicine,construction materials,tarps,tents,
ice,water,batteries,generators,and housing,at a price that is greater than
the price for any item charged 72 hours before the landfall of the storm.Price
gouging is also a civil violation of the Texas Deceptive Trade Practices Act
(DTPA).The DTPA can be enforced by civil lawsuit by the victim or the Texas
Attorney General.If you notice price gouging,please report it to the Police
Department or the Texas Attorney General Consumer Protective division at
1-800-621-0508.We will be cooperating with the Attorney General and civil
plaintiffs to enable convictions in our Municipal Court to enhance their ability
to obtain judgments with potential punitive damages and injunctions against
persons and companies who commit price gouging."
The meeting was adjourned at 5:13 p.m.
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