MINUTES MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting August 23, 2011-12:00 p.m. PRESENT Mayor Joe Adame Mayor Pro Tem Larry Elizondo, Sr. Council Members: Chris N. Adler Kevin Kieschnick David Loeb John Marez Nelda Martinez Mark Scott City Staff: City Manager Ronald L. Olson City Attorney Carlos Valdez City Secretary Armando Chapa ABSENT Priscilla Leal Mayor Adame called the meeting to order in the Council Chambers of City Hall. The invocation was delivered by Pastor Kenneth Mutchler with Immanuel Fellowship and the Pledge of Allegiance to the United States flag was led by Council Member Larry Elizondo. City Secretary Chapa called the roll and verified that the necessary quorum of the Council and the required charter officers were present to conduct the meeting. Mayor Adame called for approval of the minutes of the regular Council meeting of July 26, 2011 and special Council meeting of August 9, 2011. A motion was made and passed to approve the minutes as presented. BOARD APPOINTMENTS Mayor Adame referred to Item 2 and the following board appointments were made: Intergovernmental Commission on Drug and Alcohol Jesus S. Molina (Reappointed) Jean Newberry (Reappointed) Sandra Jackson (Appointed) Library Board Catherine MacLachlan (Appointed) Regional Health Awareness Board Oscar Martinez (Appointed) Marie Partington (Reappointed) Senior Companion Program Advisory Committee Martha Wild (Appointed)
August 23, 2011 Page 2 CONSENT AGENDA Mayor Adame called for consideration of the consent agenda (Items 3-12). There were no comments from the public. Council Member Elizondo requested that Item 6 be pulled for individual consideration. City Secretary Chapa polled the Council for their votes as follows: 3. MOTION NO. 2011-166 Motion approving the purchase of specialized equipment for a total amount of $180,641.28 from the 2009 Homeland Security Grant awarded to the City of Corpus Christi and budgeted in the State Homeland Security Program. 4. MOTION NO. 2011-167 Motion approving a professional services agreement for professional psychologist services with Sharon L. Rogers, Ph.D., P.C., of Corpus Christi, Texas for an estimated amount of $385,080 of which $117,663 is required in FY 2011-2012. The term of the agreement will be three years with an option to extend for up to two additional one-year periods subject to approval of the vendor and the City Manager or designee. Funding is available in the General and Airport Funds in FY 2011-2012 and will be requested in future fiscal years. 5. MOTION NO. 2011-168 Motion approving supply agreements with the following suppliers for the following amounts for hot mix asphalt, based on low bid, awarding primary and secondary agreements, in accordance with Bid Invitation No. BI-0172-11 for an estimated semi-annual expenditure of $995,377.50. The term of the agreements shall be for six months with options to extend for up to five additional six month periods, subject to the approval of the suppliers and the City Manager or designee. Funds have been budgeted by Street Services in FY 2011-2012. Bay, Ltd. HAC Materials, Ltd. Corpus Christi, Texas Corpus Christi, Texas $943,065 $52,312.50 Primary Supplier Secondary Supplier Grand Total: $995,377.50 7. MOTION NO. 2011-170 Motion approving the application for street closure from the American Cancer Society to temporarily close the following street sections for the Making Strides Against Breast Cancer 5K Walk, to take place Saturday, October 22, 2011.
August 23, 2011 Page 3 a. The temporary street closure of Northbound Shoreline Boulevard between Furman Street and Power Street, beginning at 5:00 A.M. and ending at 12:00 P.M. on Saturday, October 22, 2011. b. The temporary street closure of Northbound and Southbound Shoreline Boulevard between Power Street and the Art Museum of South Texas; including the barge dock, beginning at 5:00 A.M. and ending at 12:00 P.M. on Saturday, October 22, 2011. 8. MOTION NO. 2011-171 Motion authorizing the City Manager, or designee, to execute a Job Order Contract with Barcom Commercial, Inc. of Corpus Christi, Texas in the amount of $74,833.14 for the Public Safety Warehouse Fire Station Slab Replacement. (BOND ISSUE 2008) 9.a. RESOLUTION NO. 029167 Resolution authorizing the City Manager or designee to accept an additional grant from the Texas Commission on Environmental Quality in the amount of $96,592.99 for Air Quality Planning and authorizing the City Manager to execute related amendments to Interlocal cooperation agreements with North Texas University and Texas A & M University Corpus Christi. The foregoing resolution was passed and approved with the following vote: Adame, Adler, 9.b. ORDINANCE NO. 029168 Ordinance appropriating $96,592.99 from the Texas Commission on Environmental Quality in the No. 1071 Community Enrichment Grants Fund for air quality planning. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Loeb, Marez, Martinez, and Scott, voting Aye ; Leal was absent. 10. RESOLUTION NO. 029169 Resolution amending Council Policy 14 Boards, Commissions, and Committee Procedures to provide for time of consideration of appointment. The foregoing resolution was passed and approved with the following vote: Adame, Adler, 11. ORDINANCE NO. 029170 Authorizing the City Manager or designee to execute a 14 year lease agreement (with an option to renewal for an additional 10 years at City Council's discretion) with the Padre Island Yacht Club that supersedes the current 10-year lease that expires on July 11, 2015. (First Reading 07/19/11)
August 23, 2011 Page 4 The foregoing ordinance was passed and approved on its second reading with the following vote: Adame, Adler, Elizondo, Kieschnick, Loeb, Marez, Martinez, and Scott, voting Aye ; Leal was absent. 12. ORDINANCE NO. 029171 Providing for the hiring and qualifications of a City Auditor; preserving the Auditor's independence; providing access to City records; determining distribution of audit reports; establishing the powers and duties thereof; and providing for a peer review. (First Reading 07/26/11) The foregoing ordinance was passed and approved on its second reading with the following vote: Adame, Adler, Elizondo, Kieschnick, Loeb, Marez, Martinez, and Scott, voting Aye ; Leal was absent. The following item was pulled for discussion and was voted on separately. City Secretary Chapa polled the Council for their vote on Item 6 as follows: 6. MOTION NO. 2011-169 Motion authorizing the City Manager or designee to renew maintenance and licensing agreement for one (1) IronPort internet filtering device from Calence, DIR-SDD-1460. Agreement will cover all City network users for three (3) years for a total cost of $75,298.11. This purchase will be financed over a three-year period with Key Government Finance, Inc. of Superior, Colorado with three annual payments of $25,099.37. REGULAR AGENDA ITEM Mayor Adame opened discussion on Item 19 regarding the 1914 Historical Nueces County Courthouse. Interim Assistant City Manager Rudy Garza stated that this item was placed on the agenda at the request of Council Member Kieschnick for consideration of a resolution to support Nueces County s efforts regarding the 1914 Nueces County Courthouse. Mr. Kieschnick made a motion to change the caption and Sections 1 & 2 of the resolution. The motion was seconded by Ms. Martinez. Mayor Adame called for comments from the audience and the following citizen spoke: Abel Alonzo. City Secretary Chapa polled the Council for their votes as follows: 19. RESOLUTION NO. 029166 Resolution endorsing the request of Nueces County to the Texas Historical Commission to lift the deed restrictions associated with the 1914 Historic Nueces County Courthouse. The foregoing resolution was passed and approved as amended with the following vote: Adame, Adler, Elizondo, Kieschnick, Loeb, Marez, Martinez, and Scott, voting Aye ; Leal was absent.
August 23, 2011 Page 5 EXECUTIVE SESSION Mayor Adame announced the executive sessions, which were listed on the agenda as follows: * Executive session pursuant to Section 551.071(1)(B) to consult with attorney regarding a case styled Cause No. 2010CCV-61578-3, Shaun Earl Mehegan v. Steve Rivera and the City of Corpus Christi, Texas pending in the County Court at Law No. 3 of Nueces County, Texas. * Executive session under Texas Government Code Section 551.071(2) for consultation with its attorney regarding certain property rights at Lake Corpus Christi, with possible discussion and action in open session. The Council went into executive session. The Council returned from executive session and the following motion was passed with the following vote: I. MOTION NO. 2011-174 Motion authorizing the City Manager to execute a Legal Services Agreement with Timothy L. Brown to advise the City on water rights and general water law issues, and represent the City before administrative agencies and members of the Texas Legislature, at an hourly rate of $175.00, plus expenses, subject to certification of funds. PUBLIC HEARINGS Mayor Adame referred to Item 13, and a motion was made, seconded and passed to open the public hearing on the following zoning case: Case No. 0711-01, Donald & Patricia Zylks: A change of zoning from RS-TF Two-Family District (formerly R-2 Multiple Dwelling District) to ON Office District (formerly AB Professional Office District) resulting in a change of future land use from a medium-density residential use to an office use. The property to be re-zoned is described as Corpus Christi Retirement Residence Addition, Block 1, Lot 1, located along the north side of Lipes Boulevard, west of South Staples Street (FM 2444). City Planner Miguel Saldana referred to a powerpoint presentation including an aerial view; the existing and future land use map; ownership map; views of the subject property; location of surrounding business; and a site plan. Mr. Saldana stated that the Planning Commission and staff recommended approval of the applicant s request for a change in zoning from the RS-TF Two- Family District to the ON Office District. No one appeared in opposition to the zoning change. Mr. Elizondo made a motion to close the public hearing, seconded by Mr. Marez, and passed. Mr. Chapa polled the Council for their votes as follows:
August 23, 2011 Page 6 13. ORDINANCE NO. 029172 Amending the Unified Development Code (UDC), upon application by Donald and Patricia Zylks, by changing the UDC Zoning Map in reference to Corpus Christi Retirement Residence Addition, Block 1, Lot 1, from the RS-TF Two Family District (formerly R-2 Multiple Dwelling District) to the ON Office District (formerly AB Professional Office District), amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan; providing for a repealer clause; providing a penalty; providing for publication. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Loeb, Marez, Martinez, and Scott, voting Aye ; Leal was absent. Mayor Adame referred to Item 14, and a motion was made, seconded and passed to open the public hearing on the following Unified Development Code amendments: 14. Presentation and Public Hearing to consider amendments to the Unified Development Code, including new ordinances promoting clustered and mixed-use development, alternative housing options, establishment of Overlay and Special Overlay Districts, and other new development ordinances. Interim Assistant City Manager Rudy Garza stated that staff is recommending postponing this item until September 13 th. Mr. Kieschnick made a motion to table Item 14 until September 13 th, seconded by Ms. Martinez. City Secretary Chapa polled the Council for their votes as follows: 14. TABLED TO SEPTEMBER 13, 2011 Presentation and Public Hearing to consider amendments to the Unified Development Code, including new ordinances promoting clustered and mixed-use development, alternative housing options, establishment of Overlay and Special Overlay Districts, and other new development ordinances. REGULAR AGENDA Mayor Adame referred to Item 15 regarding setting a property tax rate of $0.570557 per $100 valuation. Interim Director of Financial Services Constance Sanchez explained that this item is setting the property tax rate for tax year 2011 at a rate if $0.570557 per $100 valuation (effective tax rate). City Secretary Chapa polled the Council for their votes as follows: 15. FIRST READING ORDINANCE Setting a property tax rate of $0.570557 per $100 valuation; prescribing the property taxes to be levied, assessed, and collected by the City of Corpus Christi, Texas for tax year 2011 and for each succeeding year thereafter until otherwise provided and ordained and such other years as the same may be applicable. The foregoing ordinance was passed and approved on its first reading with the following vote: Adame, Adler, Elizondo, Kieschnick, Loeb, Marez, Martinez, and Scott, voting Aye ; Leal was absent.
August 23, 2011 Page 7 Mayor Adame referred to Item 16 regarding a license agreement to operate at the Bayfront Park Kiosk. Procurement Manager Paul Pierce explained that this ordinance authorizes a licensing agreement for use of the Bayfront Park kiosk with Amarillo Sports Services, Inc. dba Game Time Food and Beverage Services to allow for the operation of the facility as a food and beverage concession. City Secretary Chapa polled the Council for their votes as follows: 16. FIRST READING ORDINANCE Authorizing the City Manager or designee to execute a license agreement with Amarillo Sports Services, Inc. d/b/a Game Time Food & Beverage Services for operation of Bayfront Park Kiosk. The foregoing ordinance was passed and approved on its first reading with the following vote: Adame, Adler, Elizondo, Kieschnick, Loeb, Marez, Martinez, and Scott, voting Aye ; Leal was absent. Mayor Adame opened discussion on Item 17 regarding the renewal of lobbying contracts. Interim Assistant City Manager Rudy Garza explained that this item is the annual renewal lobbying contracts with Focused Advocacy at the state level and Meyers & Associates at the federal level. City Secretary Chapa polled the Council for their votes as follows: 17.a. MOTION NO. 2011-172 Motion authorizing the City Manager to execute a renewal agreement between the City of Corpus Christi and Focused Advocacy for state governmental relations services. 17.b. MOTION NO. 2011-173 Motion authorizing the City Manager to execute a renewal agreement between the City of Corpus Christi and Meyers & Associates for federal governmental relations services. Mayor Adame opened discussion Item 18 regarding the Triple Crown and Citation Drive Area Improvements for the Base Bid plus Additive Alternate No. 2. Director of Engineering Services Pete Anaya provided an overview of the project including the proposals received; the project scope and recommendation to award the contract to Bridges Specialties. City Secretary Chapa polled the Council for their votes as follows: 18. FAILED TO PASS Motion authorizing the City Manager or designee to execute a construction contract with Bridges Specialties of Sandia, Texas, in the amount of $110,185.06 for the Triple Crown and Citation Drive Area Improvements for the Base Bid plus Additive Alternate No. 2. The foregoing motion failed with the following vote: Adame, Loeb, Marez, and Martinez, voting Aye ; Adler, Elizondo, Kieschnick, and Scott, voting No ; Leal was absent.
August 23, 2011 Page 8 Mr. Kieschnick made a motion to award the contract to the second low bidder and/or re-open the project for bids. A discussion ensued regarding the legality of awarding to the second low bidder and tabling the item for further discussion next week. Mr. Kieschnick made a motion to reconsider Item 18. The motion was seconded by Ms. Martinez and passed. Mr. Kieschnick made a motion to table Item 18 until August 30 th to receive further information from the project manager on the Salt Flats Levy Project. The motion was seconded by Mr. Loeb. PRESENTATIONS Mayor Adame referred to Item 20 regarding the Bayfront Development Plan Phase 3 Project: Shoreline Boulevard Realignment and Master Schedule Update (BOND ISSUE 2008). Director of Engineering Services introduced Assistant Director of Engineering Dan Biles and Carl Crull with HDR Engineering. Mr. Biles referred to a powerpoint presentation including the Bond 2008 project; placemaking at Destination Bayfront; the primary Phase 3 tasks; average daily traffic on Shoreline; the five (5) realignment options evaluated; project schedule; and minimal 4 lane option project budget. PUBLIC COMMENT Mayor Adame called for petitions from the audience. The following citizens spoke regarding the following issues: Dr. Gloria Scott public involvement in the Bayfront Development Plan; Bill Kopecky general public input and traffic issues in the Bayfront Development Plan; Samantha Sandate The Dream Act; Ridge Hammons invited the Council to attend and participate in the HELP Hits the High Notes fundraiser on November 3 rd ; Ron Benavides encouraged the Council to participate in the HELP Hits the High Notes fundraiser; Mae Milligan requested assistance for speed bumps on the corner of Palm Drive; Lucy Rubio encouraged the Council to approve Citation Drive Area improvements; Abel Alonzo applauded Haas-Anderson Construction for their work on the water main break in front of the Courthouse; Kenneth Gajdos cooperative effort between the City and County on County Road 52 and County Road 69. There being no further business to come before the Council, Mayor Adame adjourned the Council meeting at 2:49 p.m. on August 23, 2011.