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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 September 26, 2017 which were approved by the City
Council on October 10, 2017.
WITNESSETH MY HAND AND SEAL, on this the 10th day of October, 2017.
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Re ecca Huerta
City Secretary
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Meeting Minutes
City Council
Tuesday,September 26,2017 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 tolhe 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 McComb called the meeting to order at 11:32 a.m.
B. Invocation to be given by Mrs. Dorothy Dundas,Texas Apostolic Prayer
Network.
Mrs.Dorothy Dundas led the invocation.
C. Pledge of Allegiance to the Flag of the United States to be led by Billy Delgado,
Emergency Management Coordinator.
Emergency Management Coordinator Billy Delgado 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.
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Present: 9- 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 Lucy
Rubio,Council Member Greg Smith,and Council Member Carolyn Vaughn
E. Proclamations/Commendations
1. Proclamation declaring September 29, 2017, "Corpus Christi IceRays
Hockey Team's 20th Anniversary Season".
Proclamation declaring September 30, 2017, "Coastal Bend Walk'n Roll
Celebration for Disability Awareness Day".
Proclamation declaring October 3, 2017, "National Night Out".
Proclamation declaring October 6, 2017, "Downtown Cultural District
Day".
Proclamation declaring October 8-14, 2017, "National Fire Prevention
Week".
Swearing-In of Newly Appointed Board, Commission and Committee
Members
Mayor McComb recognized City Manager Margie C.Rose,Police Chief Mike
Markle,Fire Chief Robert Rocha,and Emergency Management Coordinator
Billy Delgado for their efforts during Hurricane Harvey.
Mayor McComb presented the proclamations and conducted the swearing-in
ceremony for newly appointed board and committee members.
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 deviated from the agenda and referred to comments from the
public.Wendy Herman,Executive Officer of the Coastal Bend Homebuilders'
Association,and Trey Summers,Chief Operations Officer for Hogan Homes,
expressed opposition to Item 31,a presentation related to a proposed Unified
Development Code amendment to revise the warranty period on new
residential street construction from one to two years and spoke regarding the
flawed pavement condition index(PCI)test and how the amendment would
impact costs for developers and homeowners.Terry Sweeney,Executive
Director of the Downtown Management District(DMD),spoke in support of
Agenda Item 12,a public hearing and first reading ordinance for the adoption
of the Downtown Area Development Plan.J.R.Miller,4402 Crosstown,thanked
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the City Council,Nueces County,and West Oso Independent School District for
their collaboration on the West Haven Park improvements project.
F. CITY MANAGER'S COMMENTS/UPDATE ON CITY OPERATIONS:
Mayor McComb deviated from the agenda and referred to City Manager's
Comments.City Manager Margie C.Rose reported on the following topics:
a. OTHER
1)Four City departments were recognized at the 14th Annual Risk Management
Workshop and Safety Awards presentation for outstanding safety awareness
and accident prevention.The winners included departments that had marked
improvement during 2016:Health and Engineering Services Departments,
Non-field Operations Category and Streets and Fleet Maintenance,Field
Operations Category.2)The Solid Waste Department and Coastal Bend
Surfriders Foundation have partnered to install and replace 40 storm water
inlet markers on storm water drains located throughout Cole Park.The markers
indicating"No Dumping"and"Drains to Bay"remind citizens of the importance
of protecting the bay.Residents can report illegal dumping by contacting the
City's Call Center at 826-CITY(2489).3)Tuesday,September 28,2017 is
"National Voter Registration Day".Members of the League of Women Voters
are located in the atrium of City Hall until 2:00 p.m.to assist in the nationwide
drive to register people to vote.
G. MINUTES:
2. Regular Meeting of September 19, 2017 and Workshop Meetings of
September 13 and 14, 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:
K. CONSENT AGENDA: (ITEMS 3-11)
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 7 be pulled for
individual consideration.
A motion was made by Council Member Garza,seconded by Council Member
Vaughn,to approve the Consent Agenda.The consent agenda items were
passed and approved by one vote as follows:
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Aye: 9- Mayor McComb, Council Member Garza, Council Member Guajardo,
Council Member Hunter,Council Member Lindsey-Opel, Council Member
Molina, Council Member Rubio,Council Member Smith and Council
Member Vaughn
Abstained: 0
3. Service Agreement for Document Scanning Services for
Development Services
Motion authorizing City Manager, or designee, to execute a service
agreement with MCCi, LLC of Tallahassee, Florida for document
scanning services based on the Local Government Purchasing
Cooperative dba Buyboard for a total amount not to exceed $135,000.
The term of this services agreement is for six months. Funds are
budgeted in the Development Services Fund for FY 2016-2017.
This Motion was passed on the consent agenda.
Enactment No: M2017-151
4. Engineering Testing Agreement for Cefe Valenzuela Landfill
Groundwater Monitoring FY 2017-2018
Motion authorizing the City Manager, or designee, to execute an
engineering testing agreement with Tolunay-Wong Engineers, Inc. of
Corpus Christi, Texas in the amount of$138,900 for the Cefe Valenzuela
Landfill Groundwater Monitoring FY 2017-2018.
This Motion was passed on the consent agenda.
Enactment No: M2017-152
5. Engineering Testing Agreement for J.C. Elliott Landfill
Groundwater Monitoring FY 2017-2018
Motion authorizing the City Manager, or designee, to execute an
engineering testing agreement with Tolunay-Wong Engineers, Inc. of
Corpus Christi, Texas in the amount of$131,500 for the J.C. Elliott
Landfill Groundwater Monitoring FY 2017-2018.
This Motion was passed on the consent agenda.
Enactment No: M2017-153
6. Service Agreement for Software and Equipment Upgrades for
Solid Waste Scale Systems at Landfills
Resolution finding that the purchase and upgrade of software and
equipment for the Solid Waste Department's scale systems is a sole
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source procurement; and authorizing the City Manager, or designee, to
execute a service agreement with A-1 Scale Service, Inc., of San
Antonio, Texas, for upgrades of the scale system software and
equipment for a total amount not to exceed $85,600.00, with funding
available in the FY2016-2017 General Fund.
This Resolution was passed on the consent agenda.
Enactment No:031250
8. Second Reading Ordinance- Rezoning property located at 1840
Saratoga Boulevard (1st Reading 9/19/17)
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
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 Ordinance was passed on second reading on the consent agenda.
Enactment No:031251
9. Second Reading Ordinance-Rezoning property located at 6802
Weber Road (1st Reading 9/19/17)
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
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Commercial District to the"CG-2" General Commercial District.
Ordinance:
Ordinance amending the Unified Development Code ("UDC"), upon
application by CC Ventures Equities ("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 Ordinance was passed on second reading on the consent agenda.
Enactment No:031252
10. Second Reading Ordinance-Accepting and appropriating State
grant for Violence Against Women Act(VAWA) Program within the
Police Department(1st Reading 9/19/17)
Ordinance authorizing the City Manager or designee to execute all
documents necessary to accept a grant from the State of Texas, Criminal
Justice Division in the amount of$51,920.42 for the Violence Against
Women Act(VAWA) Program within the Police Department with a cash
match of$12,926.93 and an in-kind match of$8,280.00 for a total project
cost of$73,127.34; appropriating the$51,920.42 in the No. 1061 Police
Grants Fund for the VAWA grant in the Police Department; and
authorizing the transfer of$12,926.93 from the No. 1020 General Fund to
the No. 1061 Police Grants Fund and appropriating the same for a total
project cost of$73,127.34.
This Ordinance was passed on second reading on the consent agenda.
Enactment No:031253
11. Second Reading Ordinance -Accepting and appropriating State
grant funds for the FY 2017 Edward Byrne Memorial Justice
Assistance Grant(JAG) Program within the Police Department(1st
Reading 9/19/17)
Ordinance authorizing the City Manager or designee to execute all
documents necessary to accept a grant from the Texas Office of the
Governor, Criminal Justice Division through the U. S. Department of
Justice, Bureau of Justice Assistance, in the amount of$11,241.00 for
the State FY 2017 Edward Byrne Memorial Justice Assistance Grant
(JAG) Program; and appropriating the$11,241.00 in the No. 1061 Police
Grants Fund to fund the enhancement of law enforcement efforts by the
Police Department.
This Ordinance was passed on second reading on the consent agenda.
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Enactment No:031254
7. Service Agreement for Workers'Compensation Third-Party
Administrator Services for one year at$132,000 with four one-year
options and a total potential multi-year amount of$660,000.
Motion authorizing the City Manager or designee to execute a service
agreement with York Risk Services Group, Inc. of Parsippany, New
Jersey for workers' compensation third-party administrator services in
accordance with Request for Proposal (RFP) No. 1133, based on best
value for a total amount not to exceed $132,000, budgeted in FY2017-18.
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,
with a total potential multi-year amount of up to$660,000.
Mayor McComb referred to Item 7,a service agreement for Workers'
Compensation Third-Party Administrator Services.City Manager Margie C.
Rose and a council member discussed the following topics:the agenda item's
caption capturing the total potential cost of the contract;the process that staff
will use to inform City Council when exercising contract extension options;and
clearly identifying who"the City"is referencing in agenda captions.There
were no comments from the public.
Council Member Lindsey-Opel made a motion to approve the motion,
seconded by Council Member Molina. This Motion was passed and approved
with the following vote:
Aye: 9- Mayor McComb,Council Member Garza, Council Member Guajardo,
Council Member Hunter,Council Member Lindsey-Opel, Council Member
Molina, Council Member Rubio, Council Member Smith and Council
Member Vaughn
Abstained: 0
Enactment No: M2017-154
N. REGULAR AGENDA: (ITEMS 13 -14)
13. Second Reading Ordinance-Adopting the City of Corpus Christi
Operating Budget for Fiscal Year 2017-2018 (1st Reading 9/19/17)
Ordinance adopting the City of Corpus Christi operating budget for the
fiscal year 2017-2018 beginning October 1, 2017; to be filed with the
County Clerk; appropriating monies as provided in the budget; and
providing for severance.
Mayor McComb referred to Item 13,adoption of the proposed FY2017-2018
Operating Budget.Director of Management and Budget Eddie Houlihan was
available to respond to questions.
Mayor McComb stated that the proposed budget does not include the
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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.Mayor McComb
presented a document titled Attachment A with an option to reduce each
expenditure by organization listed in the General Fund by an estimated 1.43%,
for a total amount of$3,400,000,to honor the City Council's commitment to
address residential streets.
Mayor McComb made a motion to amend the proposed FY2017-2018 operating
budget by transferring funds,as shown in Attachment A,to the Residential
Street Fund 1042;the reallocation of funds will not and shall not change the
proposed total budget expenditures of$876,546,132 as originally proposed in
the FY2017-2018 City of Corpus Christi Proposed Budget which was properly
posted on July 28,2017,seconded by Council Member Smith.
Discussion on the motion to amend included:the impact the proposed
reductions will have on departments and service levels;the opportunity for
council members to identify alternate sources in the budget to fund residential
streets;bond counsel's determination that appropriated bond funds can only be
utilized for the purposes authorized until the projects are completed;and
confidence that city staff will be able to operate at the reduced funding level.
City Manager Rose presented an alternate option titled"Potential Funding
Sources for Residential Streets":1)decreasing reserves for Police accrued pay
by$500,000;potential extra revenue from storm debris-$500,000;eliminating
General Fund contribution to Fleet Replacement for FY2018-$1,039,000;
decreasing the economic incentive to Schlitterbahn,which is anticipated to
saved-$500,000;no transfer from General Fund to Development
Services-$100,000;and utilizing street funds remaining for Bond 2008-$500,000;
for a total amount of$3,139,000.
After City Manager Rose provided her option,the following issues were
discussed:concern with decreasing the reserve for Police accrued pay;the
current unreserved fund balance for Fleet Operations;the impact to
Development Services of eliminating the transfer from the General Fund;
clarification that Police accrued pay is associated with drag-up pay of accrued
leave and not retirement;the ability to amend the budget in the future;
concern that Mayor McComb's motion would reduce the Police Department's
budget and impact improvements made at Municipal Court;opportunities to
develop efficiencies in departments by implementing technology;
consideration of a hybrid between Mayor McComb's motion and City Manager
Rose's option;the voter-approved charter amendment of two cents during
FY2018-2019 budget discussions to develop a long-term funding source for
residential streets;and City Manager Rose's recommendation to utilize
$261,000 in reserve appropriations in the General Fund to bring the potential
funding sources for residential streets to$3.4 million.
Mayor McComb withdrew his motion.Council Member Smith withdrew his
second.
Council Member Garza made a motion amending the proposed FY2017-2018
City of Corpus Christi Budget by transferring funds as provided in the document
titled"Potential Funding Sources for Residential Streets",and reserve
appropriations in the amount of$261,000 to the Residential Street Fund 1042
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for a total amount of$3,400,000,seconded by Council Member Vaughn.
Mayor McComb called for comments from the public.Rick Milby,4412 High
Ridge Drive,thanked Mayor McComb and City Manager Rose for presenting
options to identify funding for residential streets.
The Motion to amend was passed and approved with the following vote:Mayor
McComb,Council Members Garza,Guajardo,Hunter,Lindsey-Opel,Molina,
Rubio,Smith,and Vaughn,voting"Aye'.
Council Member Garza made a motion to approve the budget as amended,
seconded by Council Member Lindsey-Opel.
Council Member Rubio discussed the challenges associated with staffing Fire
Station 18 and the impact utilizing existing staff from Fire Station 1 would have
on response times.Council Member Rubio presented a diagram illustrating the
following options:the impact of doing nothing to fund additional firefighter
positions;breaking the cycle by increasing the authorized complement of
firefighter positions and daily staffing funded by potential EMS billing and fee
structure revenue;and meeting in the middle to properly staff Fire Station 18
by authorizing a complement of 429 firefighter positions,100 daily staffing,and
authorizing 15 additional firefighters.
Council Member Rubio made a motion to amend the proposed FY2017-2018
budget to include in the Fire Department budget expenditures to fully fund
properly staffing Fire Station 18 this fall which increases the authorized
complement to 429 and daily staffing to 100,seconded by Council Member
Guajardo.
Fire Chief Robert Rocha,Assistant Fire Chief Kenneth Erben,and council
members discussed the following topics:an explanation of the funding source;
the number of years necessary before firefighters can be placed in the field;
utilizing existing personnel and overtime in order to staff Fire Station 18;
revenue generated by Texas Ambulance Supplemental Payment Program
(TASPP)reimbursements as a source of funding to staff firefighters at Fire
Station 18;in response to a council member,City Attorney Miles K.Risley read
Section 2-311(8)(e)of the City's Code of Ethics;staffs recommendation to shift
existing personnel from Fire Station 1 to man Fire Station 18;how long TASPP
reimbursement funding has been available;consideration to sell Fire Station 5;
the Fire Department's current use of Fire Station 5;the fee study to update fee
scheduling;TASPP funding being unavailable until September 2018; Fire
Station 18 being scheduled to open in November 2018;liability concerns with
understaffing Fire Station 1;a survey performed by a council member of how
other cities are utilizing TASPP reimbursements; how the Fire Department
currently addresses large incident responses;a suggestion to amend the
budget after receiving a staffing plan and to update the EMS fee schedule;
response times for Mustang Island;and information provided by City Manager
Rose of expenditures to fund firefighters over the next five years at:1)the
current level of 414 firefighters,2)the addition of 15 firefighters in 2019,and 3)
the addition of 5 firefighters in 2019,2020,and 2021,and a projection of
potentialrevenues from TASPP and potential revenues in excess of$6 million.
The Motion to amend failed with the following vote:Council Members
Guajardo,Molina,and Rubio,voting"Aye";Mayor McComb,Council Members
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Garza,Hunter,Lindsey-Opel,Smith,and Vaughn,voting"No".Council
members voting in opposition requested that staff bring back a plan to address
staffing at Fire Station 18.
MOTION OF DIRECTION
Council Member Guajardo made a motion directing the City Manager to use
the revenue generated from TASPP,that was directed by City Council to go
directly into the Fire Department budget,as additional funding and not in lieu
of;seconded by Council Member Rubio.
Discussion on the motion of direction included:deferring action until the City
Council can receive a comprehensive plan on the TASPP funding;and the City
not receiving TASPP funding until September 2018 and at which time the funds
will need to be appropriated.
RESTATED MOTION OF DIRECTION
Council Member Guajardo made a motion of direction requesting that the City
Manager return to City Council to provide at the time TASPP funds are
received,for acceptance and appropriation by City Council,seconded by
Council Member Rubio.
The Motion of Direction failed with the following vote:Council Members
Guajardo and Rubio,voting"Aye";Mayor McComb,Council Members Garza,
Hunter,Lindsey-Opel,Molina,Smith,and Vaughn,voting"No".
City Manager Rose recommended that an additional$30,000 be allocated from
the fund balance to the Art Museum of South Texas due to issues resulting
from Hurricane Harvey.
Council Member Hunter made a motion to amend the budget to allocate an
additional$30,000 to the Art Museum of South Texas,seconded by Council
Member Molina.This Motion to amend was passed and approved with the
following vote:Mayor McComb,Council Members Garza,Guajardo,Hunter,
Lindsey-Opel,Molina,Rubio,Smith,and Vaughn,voting"Aye'.
City Secretary Rebecca L.Huerta referred to the motion made by Council
Member Garza to approve the ordinance as amended,seconded by Council
Member Lindsey-Opel. This Ordinance was passed on second reading as
amended and approved with the following vote:
Aye: 9- Mayor McComb, Council Member Garza, Council Member Guajardo,
Council Member Hunter, Council Member Lindsey-Opel, Council Member
Molina,Council Member Rubio,Council Member Smith and Council
Member Vaughn
Abstained: 0
Enactment No:031255
Mayor McComb made a motion to ratify the property tax increase reflected in
FY2017-2018 Operating Budget,that will raise more revenue from property
taxes than in the previous fiscal year,as reflected in the adopted budget,
seconded by Council Member Garza.This Motion was passed and approved
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with the following vote:Mayor McComb,Council Members Garza,Guajardo,
Hunter,Lindsey-Opel,Molina,Rubio,Smith,and Vaughn,voting"Aye".
14. Ordinance to ratify increase of$4,034,005 in property tax revenues
from last year's operating budget as reflected in the 2017-2018
operating budget; and declaring an emergency.
Mayor McComb referred to Item 14.Director of Management and Budget Eddie
Houlihan stated that the purpose of this item is to ratify the increase of
$4,034,005 in property tax revenues from last year's Operating Budget as
reflected in the 2017-2018 Operating Budget.There were no comments from
the Council or the public.
Council Member Lindsey-Opel made a motion to approve the ordinance,
seconded by Council Member Garza. This Ordinance was passed on
emergency and approved with the following vote:
Aye: 9- Mayor McComb,Council Member Garza,Council Member Guajardo,
Council Member Hunter, Council Member Lindsey-Opel, Council Member
Molina,Council Member Rubio,Council Member Smith and Council
Member Vaughn
Abstained: 0
Enactment No:031256
L. RECESS FOR LUNCH:
Mayor McComb recessed the Council meeting at 2:58 p.m.Mayor McComb
reconvened the Council meeting at 3:31 p.m.
M. PUBLIC HEARINGS: (ITEM 12)
12. Public Hearing and First Reading Ordinance for the Adoption of
the Downtown Area Development Plan
Ordinance adopting a new Area Development Plan for the City of Corpus
Christi titled "The Downtown Area Development Plan; Rescinding the
Central Business Development Plan adopted by City Council ordinance
#025658; providing for severance; and providing for publication.
Mayor McComb deviated from the agenda and referred to Item 12.Assistant
Director of Development Services Daniel McGinn stated that the purpose of this
item is to present and hold a public hearing on the proposed Downtown Area
Development Plan(DTADP).The presentation team included:Ben Carlson,
consultant Goody Clancy;Senior Planner Keren Costanzo;and Business
Liaison Alyssa Barrera.
Mr.Carlson presented the following information:a description of the study
area;the process used for communication and research;2017 community
engagement;the vision themes and goals including:encouraging
market-driven development,creating more housing choices,completing a
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waterfront park and trail network,reconnecting neighborhoods,and
celebrating a unique place to live,work and play;the real estate reinvestment
initiatives including:Tax Increment Reinvestment Zone#3(TIRZ#3),
public/private partnerships,activate vacant properties,improve key streets and
parks,more efficient parking,organize event traffic;the infrastructure initiative
to re-connect streets;the great places for people initiatives including:focusing
on intensifying destinations,embracing the waterfront,and cleanliness and
safety;the district framework;and development guidelines.
Council members and the presentation team discussed the following topics:
parking,accessibility,and traffic issues associated with the closure of
Shoreline Boulevard;previous direction by the City Council to omit the North
Beach Area Development Plan to allow additional stakeholder discussions;
whether action on the DTADP can be deferred until the North Beach Area
Development Plan is completed;when stakeholder meetings were held;the
number of residents in the downtown area;the parking action plan for the
downtown area;implementation of the plan;concern from a council member
that the language in the plan is subjective;eliminating language that targets
specific funding sources;concern with the perception that the City Council is
showing preference to downtown over other areas in the City;the amount of
time invested in wayfinding;the list of infrastructure initiatives;the Downtown
Traffic Analysis;whether there are investors currently interested in the
downtown or Washington/Coles Areas;the previous area development plan for
downtown;stakeholders and public outreach;survey results;and a detailed
fiscal impact analysis.
Mayor McComb opened the public hearing.Carolyn Moon,4902 Calvin,spoke
in support of the plan and discussed the parking and accessibility issues
associated with the closure of Shoreline Boulevard.Ms.Moon requested that
the plan include areas to charge electric cars.Mayor McComb closed the
public hearing.
Council Member Garza made a motion to table this item,seconded by Council
Member Molina. This item was tabled with the following vote:
Aye: 9- Mayor McComb,Council Member Garza, Council Member Guajardo,
Council Member Hunter,Council Member Lindsey-Opel, Council Member
Molina,Council Member Rubio, Council Member Smith and Council
Member Vaughn
Abstained: 0
N. REGULAR AGENDA: (ITEMS 15-19)
15. Construction Contract for North Padre Island Beach Access Road
2 (Bond 2014, Proposition 2)
Motion authorizing the City Manager, or designee, to execute a
construction contract with Mo-Con Services, Inc. of Corpus Christi, Texas
in the amount of$446,996.46 for North Padre Island Beach Access Road
2 for Total Base bid plus Additive Alternate No.1 and Additive Alternate
No. 2. (Bond 2014, Proposition 2)
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Mayor McComb referred to Item 15.Director of Engineering Services Jeff
Edmonds stated that the purpose of this item is to execute a construction
contract in the amount of$446,996.46 for North Padre Island Beach Access
Road 2,Bond 2014,Proposition 2.Mr.Edmonds presented the following
information:the project location;vicinity maps of North Padre Island Beach
Access Roads 3A and 2;the proposed cross sections with continuously
reinforced concrete pavement;the scope of work;and schedule.There were
no comments from the public.
Council members and staff discussed the following topics:the street being
constructed with continuously reinforced concrete pavement;designing the
project based on the conditions in the area;and the location of Beach Access
Road 3A.
Council Member Smith made a motion to approve the motion,seconded by
Council Member Lindsey-Opel. This Motion was passed and approved with the
following vote:
Aye: 9- Mayor McComb,Council Member Garza, Council Member Guajardo,
Council Member Hunter,Council Member Lindsey-Opel, Council Member
Molina,Council Member Rubio,Council Member Smith and Council
Member Vaughn
Abstained: 0
Enactment No: M2017-155
16. Construction Contract for Staples Street from Alameda Drive to
Morgan Avenue(Bond 2014, Proposition 1)
Motion authorizing the City Manager, or designee, to execute a
construction contract with MAX Underground Construction, LLC of
Corpus Christi, Texas in the amount of$3,844,135.12 for Staples Street
from Alameda Drive to Morgan Avenue for a total Base Bid 2 (flexible
pavement). (Bond 2014 Proposition 1)
Mayor McComb referred to Item 16.Director of Engineering Services Jeff
Edmonds stated that the purpose of this item is to execute a construction
contract for Staples Street from Alameda Drive to Morgan Avenue,Bond 2014
Proposition 1 in the amount of$3,844,135.12.Mr.Edmonds presented the
following information:a location map;other street projects in the vicinity;the
proposed cross section;the pavement section with hot mix asphalt;scope of
work;and construction schedule.There were no comments from the public.
Council members and staff discussed the following topics:the location of the
project in proximity to Corpus Christi Egg Co.;the progress being made on
bond projects;issues related to utilities;and the contractor's performance on
the Creekview project.
Council Member Molina made a motion to approve the motion,seconded by
Council Member Hunter. This Motion was passed and approved with the
following vote:
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Aye: 9- Mayor McComb,Council Member Garza, Council Member Guajardo,
Council Member Hunter,Council Member Lindsey-Opel,Council Member
Molina, Council Member Rubio,Council Member Smith and Council
Member Vaughn
Abstained: 0
Enactment No: M2017-156
17. Master Service Agreement for Indefinite Delivery/Indefininte
Quantity(IDIQ) Major Ditch Improvements (Capital Improvement
Program)
Motion authorizing the City Manager, or designee, to execute a Master
Service Agreement(MSA)with Lockwood, Andrews and Newnam, Inc.
(LAN) of Corpus Christi, Texas in the amount of$300,000 for IDIQ
(Indefinite Delivery/Indefinite Quantity) Major Ditch Improvements.
(Capital Improvement Program)
Mayor McComb referred to item 17.Interim Executive Director of Water Utilities
Dan Grimsbo stated that the purpose of this item is to execute a Master Service
Agreement to develop and implement the Indefinite Delivery/Indefinite
Quantity(ID/IQ)Major Ditch Improvements.Mr.Grimsbo stated that based on
discussions at the City Council workshop on August 10,2017,staff is
recommending approval of the project which includes:evaluation and
hydraulic modeling of the major ditches and developing construction strategies
to reduce flooding and maintenance costs.There were no comments from the
public.
Council members and staff discussed the following topics:the number of
studies related to La Voila Creek;the project scope and implementation;
information regarding the workshop being excluded in the background
information;use of retaining ponds;how project budget costs are determined;
and the project timeline.
Council Member Rubio made a motion to approve the motion,seconded by
Council Member Hunter. This Motion was passed and approved with the
following vote:
Aye: 9- Mayor McComb,Council Member Garza, Council Member Guajardo,
Council Member Hunter, Council Member Lindsey-Opel, Council Member
Molina,Council Member Rubio,Council Member Smith and Council
Member Vaughn
Abstained: 0
Enactment No: M2017-157
18. Contract Amendment for Employee Assistance Program Services
Motion authorizing the City Manager or designee to execute an
amendment to the contract with Family Counseling Services of Corpus
Christi, Texas, not to exceed $20,000. The value of the service
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agreement for the full contract period of September 26, 2013 through
September 30, 2017 is a not-to-exceed amount of$69,958.
Mayor McComb referred to Item 18.Director of Human Resources Steven Viera
stated that the purpose of this item is to execute an amendment to the contract
for employee assistance program services with Family Counseling Services of
Corpus Christi for the full contract period ending September 30,2017.Family
Counseling Services provides employee assistance programs for city
employees needing counseling for relationship issues,abuse,depression,
anxiety,grief or loss,as well as drug and alcohol dependency.In response to
a council member,Mr.Viera stated that the purpose of Item 19 is to execute a
contract with Family Counseling Services for FY2017-2018.There were no
comments from the public.
Council members and staff discussed the following topics:the reason the City
offers counseling for employees;the ability of city employees to use their
insurance for counseling services;the difference in costs between Items 18 and
19;the reason for the delay in presenting Item 18 to City Council at the end of
the contract period;the number of employees utilizing the program;
clarification on cases referred for suspicion of drug and alcohol dependency
and self-reporting by employees;how long the employee assistance program
has been in place;the provision of employee assistance programs among
municipalities;the cost benefits associated with retaining employees in need
of assistance versus the cost associated with hiring new staff;examples of
cases where employees would need counseling services;and the program
being a risk management prevention technique.
Council Member Hunter made a motion to approve the motion,seconded by
Council Member Guajardo. This Motion was passed and approved with the
following vote:
Aye: 7- Mayor McComb, Council Member Garza, Council Member Guajardo,
Council Member Hunter,Council Member Lindsey-Opel, Council Member
Molina and Council Member Smith
Nay: 2- Council Member Rubio and Council Member Vaughn
Abstained: 0
Enactment No: M2017-158
19. Service Agreement for Employee Assistance Program for a not to
exceed amount of$15,840 and a total potential muti-year amount
of up to$79,200.
Motion authorizing City Manager, or designee,to execute an agreement
with Family Counseling Service of Corpus Christi, Texas to provide
employee assistance program services for the Corpus Christi City
employees and their families in response to Request for Bid No. 1244
based on the lowest responsive, responsible bid for a total amount not to
exceed $15,840, and is being budgeted in FY2017-18 through the annual
budget appropriations. The term of the agreement is for one year with an
option to extend for up to four additional one-year periods, subject to the
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sole discretion of the City, with a total potential multi-year amount of up to
$79,200.
Mayor McComb referred to Item 19.This item was discussed during the
discussion on Item 18.
Council Member Hunter made a motion to approve the motion,seconded by
Council Member Lindsey-Opel. This Motion was passed and approved with the
following vote:
Aye: 7- Mayor McComb,Council Member Garza, Council Member Guajardo,
Council Member Hunter,Council Member Lindsey-Opel, Council Member
Molina and Council Member Smith
Nay: 2- Council Member Rubio and Council Member Vaughn
Abstained: 0
Enactment No: M2017-159
Q. BRIEFINGS: (ITEM 31)
31. Unified Development Code-Public and Private Improvements -
Warranty Period
Mayor McComb deviated from the agenda and referred to Item 31.Interim
Director of Development Services Bill Green stated that the purpose of this
item is to provide information related to the future consideration of an
amendment to the Unified Development Code(UDC)to revise the warranty
period on public and private infrastructure improvements from a one-to
two-year period.Mr.Green presented the following information:the motion of
direction by City Council at the April 27,2017 City Council workshop to amend
the warranty period;the timeline for presenting the amendment to the
Planning Commission;the current public infrastructure process;data collection
and analysis of the pavement condition index(PCI);and a survey of public
infrastructure policies in other municipalities.Mr.Green stated that staff is
recommending revising the warranty period from one to two years.The
Planning Commission recommended retaining the one year warranty and
evaluating an alternate consideration of one-year warranty with a
maintenance bond of 50%surety value of the public infrastructure contract
price.Building Official and Interim Assistant Director of Development Services
Gene Delauro and Trey Summers,Chief Operations Officer with Hogan Homes,
participated in the discussion on this item.
The following topics were discussed:whether streets are being built to a
30-year standard;the condition of roads in a subdivision located off Slough
Road and Breeding Drive;the reason contractors and developers should be
concerned with the change in warranty duration if the roads are built correctly;
the inspection process for newly constructed streets;residential streets being
damaged by large construction and utility services trucks after the street has
been constructed;the requirement that streets are fully constructed in a
subdivision prior to homes being built;data measurement of PCI;whether
other cities are experiencing warranty issues on newly constructed roads;
consideration of adopting concrete street standards for newly constructed
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residential streets;the costs to developers and homeowners of increasing the
warranty period;and a request that staff and developers recommend alternate
solutions to address the condition of newly constructed streets after the
one-year warranty.
N. REGULAR AGENDA: (ITEM 20)
20. Second Reading Ordinance-Appropriating Fund Proceeds for
Fiscal Year 2016-2017 (1st Reading 9/19/17)
Ordinance appropriating amounts of: (a) $29,800.19; (b)$1,328,756.52;
(c) $1,822,527.28; (d) $112,416.90; and (e) $172,471.79; into the Airport
CIP, Bond Proceeds, Utility Revenue Bond, Specialty Bond Proceeds
and other Unappropriated Funds, respectively, for the following purposes:
City's match for future FAA Grant Projects, Bayfront, Public Facilities,
Fire, Police, Public Health and Safety, Sanitary Landfill, Library,
Convention Center, Parks, and Streets, and as further detailed in
Attachment 1; changing the FY 2017 Capital Improvement Budget
adopted by Ordinance No. 030936 to increase expenditures accordingly.
Mayor McComb deviated from the agenda and referred to Item 20.Director of
Financial Services Constance Sanchez stated that the purpose of this item is to
appropriate a total of$3,465,972.68 of unappropriated interest earnings,
reimbursements and miscellaneous revenue received during the year in the
respective Capital Improvement Program funds from which they were earned.
There were no comments from the Council or the public.
Council Member Smith 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: 9- Mayor McComb,Council Member Garza, Council Member Guajardo,
Council Member Hunter,Council Member Lindsey-Opel,Council Member
Molina, Council Member Rubio,Council Member Smith and Council
Member Vaughn
Abstained: 0
Enactment No: 031257
O. FIRST READING ORDINANCES: (ITEMS 21)
21. First Reading Ordinance-Closing of a utility easement located at
6024 Crosstown Expressway
Ordinance abandoning and vacating 0.303 acre of an existing utility
easement out of a part of Bohemian Colony Lands, Block 7, Lot 2,
located at 6024 Crosstown Expressway and requiring the owner,AEP
Texas Central Company, to comply with the specified conditions.
Mayor McComb referred to Item 21.Interim Director of Development Services
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Bill Green stated that the purpose of this item is to abandon and vacate an
existing utility easement to allow for AEP Texas Central Company to construct
a new service center.There were no comments from the public.
Council members thanked AEP Texas for their commitment and investment in
Corpus Christi.
Council Member Rubio made a motion to approve the ordinance,seconded by
Council Member Hunter. This Ordinance was passed on first reading and
approved with the following vote:
Aye: 9- Mayor McComb,Council Member Garza, Council Member Guajardo,
Council Member Hunter, Council Member Lindsey-Opel, Council Member
Molina, Council Member Rubio, Council Member Smith and Council
Member Vaughn
Abstained: 0
P. FUTURE AGENDA ITEMS: (ITEMS 22 -30)
Mayor McComb referred to Future Agenda Items.City Manager Margie C.Rose
stated that staff had a planned presentation on Item 25.Mayor McComb
requested information on Item 22.
22. Resolution Adopting the Nueces County Multi-Jurisdictional
Hazard Mitigation Action Plan
A resolution of the City Council of the City of Corpus Christi, Texas
adopting the Nueces County Multi-Jurisdictional Hazard Mitigation
Action Plan.
This Resolution was recommended to regular agenda.
23. Resolution for a Supply Agreement for the Purchase of Chemkeys
and Reagents for O.N. Stevens Water Treatment Plant for a total
not to exceed amount of$825,780.23 for the three-year term
Resolution finding that the purchase of chemkeys and reagents for O.N.
Stevens Water Treatment Plant is a sole source procurement; and
authorizing the City Manager, or designee, to execute a supply
agreement with Hach Company of Loveland, Colorado, for the purchase
of chemkeys and reagents for a total amount not to exceed $825,780.23
for a three-year term, with an annual step price increase.
This Resolution was recommended to the consent agenda.
24. Supply Agreement for the Purchase of Liquid Ammonium Sulfate
Solution for the O.N. Stevens Water Treatment Plant for a not to
exceed amount of$350,941.00 with a potential multi-year amount
of up to$2,105,646.00
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Motion authorizing the City Manager, or designee, to execute a supply
agreement with Chemtrade Chemicals US, LLC, of Parsippany, New
Jersey for the purchase of liquid ammonium sulfate solution in response
to Request for Bid (RFB) No. 1261, based on the lowest responsive,
responsible bid, for a total amount not to exceed $ 350,941.00, of which
$175,470.50 will be funded by the Water Fund in FY2017-18. The term of
the agreement is for two years with an option to extend for two additional
two-year periods, subject to the sole discretion of the City, with a total
potential multi-year amount of up to$2,105,646.00.
This Motion was recommended to the consent agenda.
25. Resolution authorizing the submission of a grant application for
the Texas Military Preparedness Commission's Defense Economic
Adjustment Assistance Grant Program
Resolution authorizing the City Manager, or designee, to submit a grant
application in the amount of up to five million dollars ($5,000,000)to the
Office of the Governor for funding from the Texas Military Preparedness
Commission's Defense Economic Adjustment Assistance Grant
Program.
This Resolution was recommended to the consent agenda.
26. Small Business Agreement for Del Mar College Internship Program
Resolution to approve a Small Business Incentives Agreement between
the Corpus Christi Business and Job Development Corporation and Del
Mar College (Del Mar)to provide grant up to$150,000 for their internship
program to assist small businesses.
This Resolution was recommended to the consent agenda.
27. Small Business Agreement for Texas A&M University -Corpus
Christi Internship Program
Resolution to approve a Small Business Incentives Agreement between
the Corpus Christi Business and Job Development Corporation and
Texas A&M University-Corpus Christi (TAMU-CC)to provide grant up to
$150,000 for their internship program to assist small businesses.
This Resolution was recommended to the consent agenda.
28. Small Business Agreement for LiftFund, Inc.
Resolution to approve the Small Business Incentives Agreement between
the Corpus Christi Business and Job Development Corporation and
LiftFund, Inc. (LiftFund)to provide a grant up to$250,000 for their loan
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buy-down program to assist small business.
This Resolution was recommended to the consent agenda.
29. Small Business Agreement for Service Corps of Retired
Executives (SCORE)Chapter 221
Resolution to approve a Small Business Incentives Agreement between
the Corpus Christi Business and Job Development Corporation and
Service Corps of Retired Executives(SCORE) Chapter 221 to provide a
grant up to$52,600 for their small business assistance program.
This Resolution was recommended to the consent agenda.
30. Small Business Agreement for Del Mar College Procurement
Technical Assistance Center
Resolution approving a Small Business Incentives Agreement between
the Corpus Christi Business and Job Development Corporation and Del
Mar College (Del Mar)to provide a grant up to$48,490 for their
Procurement Technical Assistance Center(PTAC)to assist small
business.
This Resolution was recommended to the consent agenda.
R. RECESS TO CORPORATION MEETING: (ITEM 32)
Mayor McComb recessed the regular Council meeting at 6:30 p.m.to hold the
Annual Board meeting of the Corpus Christi Housing Finance Corporation.
32. Annual Board Meeting of the Corpus Christi Housing Finance
Corporation
This Corporation Meeting was held.
S. RECONVENE COUNCIL MEETING:
Mayor McComb reconvened the regular Council meeting at 7:51 p.m.
T. EXECUTIVE SESSION: (ITEMS 33 -35)
Mayor McComb referred to the days executive sessions.The Council went into
executive session at 7:53 p.m.The Council returned from executive session at
8:37 p.m.
33. 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 the City's
professional service management agreement for the Corpus Christi
Museum of Science and History.
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This E-Session Item was discussed in executive session.
34. 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, Financing Agreement and other
legal documents related to loans provided by State Water Implementation
Revenue Fund of Texas (SWIRFT), professional services agreements for
the provision of services tied to said funding, desalination, potential
interlocal agreements with water districts and other governmental entities
involving water or other utility services, utility rate regulation, reuse,
provisions of the Texas Utility Code, TCEQ Regulations, EPA
regulations, and other laws and regulations, potential agreements for the
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, including, but not limited to local
government corporation(s), and pursuant to Texas Gov't 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, potential contracts for
the provision of water to said business prospect(s).
This E-Session Item was discussed in executive session.
35. 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, pending litigation, potential
settlement, attorney's fees, and/or other potential legal matters regarding
lawsuit of Corpus Note LLC vs. City of Corpus Christi.
Mayor McComb referred to Item 35 and the following motion was considered:
Motion to authorize the City Manager or her authorized representative to
execute the attached Settlement Agreement with Corpus Note Acquisitions,
LLC to provide for the Owner to make improvements to 625 Gordon Street,with
signature page and exhibits as approved by the City Attorney.
Council Member Molina made a motion to approve the motion,seconded by
Council Member Rubio.This Motion was passed and approved with the
following vote:
Aye: 9- Mayor McComb, Council Member Garza, Council Member Guajardo,
Council Member Hunter, Council Member Lindsey-Opel, Council Member
Molina,Council Member Rubio,Council Member Smith and Council
Member Vaughn
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Abstained: 0
Enactment No: M2017-160
U. IDENTIFY COUNCIL FUTURE AGENDA ITEMS
Mayor McComb referred to Identify Council Future Agenda Items.Council
Member Garza made a motion to bring back an item related to affordable
housing options(tax credits)for the City's inner core,seconded by Council
Member Vaughn.The Motion was approved by consent of the City Council.
V. ADJOURNMENT
The meeting was adjourned at 8:40 p.m.
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