HomeMy WebLinkAboutMinutes City Council - 10/16/2012I 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 October 16, 2012 which were approved by the
City Council on October 23, 2012.
WITNESSETH MY HAND AND SEAL, on this the 23rd day of October, 2012,
Armando Chapa
City Secretary
SEAL
INDEXED
IM
Corpus Christi
Meeting Minutes - Final
City Council
1201 Leopard St
Corpus Christi, TX 78441
CCtexas.com
Tuesday, October 16, 2012 12:00 PM
Council Chambers
A. Call meeting to order.
Mayor Pro Tern Allen called the meeting to order.
B. Invocation.
The invocation was delivered by Pastor Robert Perkins, Parkway Church of
Christ.
C. Pledge of Allegiance.
The Pledge of Allegiance was led by Council Member Mark Scott.
D. Roll Call.
City Secretary Armando Chapa verified that the necessary quorum of the
Council and the followng necessary Charter Officers, City Manager Ron Olson,
City Attorney Carlos Valdez and City Secretary Armando Chapa were present to
conduct the meeting.
Mayor Joe Adame arrived at 1:25 p.m. ,
Present: 8 - Mayor Joe Adame,Council Member Chris Adler, Council Member Kelley
AIIen,Council Member Priscilla Leal,Council Member David Loeb,Council
Member John Marez,Council Member Nelda Martinez, and Council
Member Mark Scott
Absent: 1 - Council Member Larry Elizondo
E. Proclamations 1 Commendations
1 Proclamation declaring October 18, 2012 as "International Credit
Union Day"
Proclamation declaring October 19 -21, 2012 as "52ndAnnual Texas
Jazz Festival'
Proclamation declaring October 26, 2012 as 70th Anniversary Day of
Celebration of the Family Counseling Service"
Mayor Pro Tern Allen read and presented the Proclamation(s).
F. MINUTES: (NONE)
G. BOARDS & COMMITTEE APPOINTMENTS: NONE
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CONSENT AGENDA: (ITEMS 2 -16)
Mayor Pro Tern Allen called for consideration of the Consent Agenda, Items 2 -
16. Mayor Pro Tem Allen asked for comments from the audience and there
were none. The council pulled Item No. 7 for individual consideration. The
remaining items were approved by one vote:
Professional services agreement for transporting liquid waste and
sludge to wastewater treatment plant for disposal (Requires 213 vote)
Motion approving a service agreement with Stump Enterprises, LLC,
Rockport, Texas for the hauling of liquid waste and sludge in
accordance with Bid Invitation No. BI- 0201 -12, based on lowest
responsible bid, for an estimated annual expenditure of $86,250 of
which $71,875 is required for the remainder of FY 2012 -2013. The
term of the contract shall be for twelve months with an option to extend
for up to two additional twelve month periods, subject to the approval
of the supplier, and the City Manager or designee. Funds have been
budgeted by the Wastewater Department in FY 2012 -2013.
The foregoing motion was passed and approved with the followig vote:
Aye: 7- Council Member Adler, Council Member Allen, Council Member Leal,
Council Member Loeb, Council Member Marez, Council Member Martinez
and Council Member Scott
Absent: 2 - MayorAdame and Council Member Elizondo
Abstained: 0
Enactment No: M2012 -175
3
Supply Agreement for material to be used for traffic sign manufacturing
and installation program (Requires 213 vote)
Motion approving supply agreements with the following companies in
the following amounts for traffic sign blanks, sheeting /roll goods, and
traffic sign posts /anchors in accordance with Bid Invitation No.
BI- 0216 -12, based on lowest responsible bidder, for an estimated
annual expenditure of $146,232.89 of which $121,860.74 is required
for the remainder of FY 2012 -2013. The terms of the agreements
shall be for twelve (12) months with options to extend for up to two (2)
additional twelve -month periods, subject to the approval of the
suppliers and the City Manager or designee. Funds have been
budgeted by Traffic Engineering in FY 2012 -2013.
Allied Tube & Conduit Corp. Vulcan Signs
Harvey, Illinois Foley, Alabama
Group I Groups II & III
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October 16, 2012
$42,644.00
Total: $146,232.89
$103,588.89
The foregoing motion was passed and approved with the following vote:
Aye: 7- Council Member Adler, Council Member Allen, Council Member Leal,
Council Member Loeb, Council Member Marez, Council Member Martinez
and Council Member Scott
Absent: 2- Mayor Adame and Council Member Elizondo
Abstained: 0
Enactment No: M2012 -176
4 Purchase of furniture for offices at water treatment plant (Requires 213
vote)
Motion approving the purchase of furniture for the O.N. Stevens
Facility Alteration Project from Business Interiors by Staples, Houston,
Texas in the amount of $98,422.94. The award is in accordance with
the State's Cooperative Purchasing Program (TXMAS). Funds are
available in the Water Department Fund No. 4088 - 2012 Capital
Improvement Program (CIP) Fund.
The foregoing motion was passed and approved with the following vote:
Aye: 7- Council Member Adler, Council Member Allen, Council Member Leal,
Council Member Loeb, Council Member Marez, Council Member Martinez
and Council Member Scott
Absent. 2- Mayor Adame and Council Member Elizondo
Abstained: 0
Enactment No: M2012 -177
5 Service Agreement for City departments to utilize dump truck hauling
of miscellaneous materials to designated areas throughout the city
(Requires 213 vote)
Motion approving a service agreement with Tahoe Trucking, Inc.,
Corpus Christi, Texas for dump truck hauling in accordance with Bid
Invitation No. BI- 0217 -12, based on only bid, for an_ estimated annual
expenditure of $270,000.00 of which $225,000.00 is required for the
remainder of FY 2012 -2013. The term of the agreement shall be for
twelve (12) months with options to extend for up to two (2) additional
twelve -month periods, subject to the approval of the supplier and the
City Manager or designee. Funds have been budgeted by the Water,
Storm Water, Street Operations and Solid Waste Operations
Departments in FY 2012 -2013.
The foregoing motion was passed and approved with the following vote:
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Aye: 7- Council Member Adler, Council Member Allen, Council Member Leal,
Council Member Loeb, Council Member Marez, Council Member Martinez
and Council Member Scott
Absent: 2- Mayor Adame and Council Member Elizondo
Abstained: 0
Enactment No: M2012 -178
6 Purchase agreement for four (4) Ford F -150 Crew Cab 4 x 4 Pickup
Trucks to be used for beach rescue operations (Requires 2/3 vote)
Motion approving the purchase of four (4) Ford F -150 Crew Cab 4 X 4
pickup trucks from Philpott Motors, Nederland, Texas for a total
amount of $114,173.00. The award is based on the cooperative
purchasing agreement with the Texas Local Government Purchasing
Cooperative (TLGPC). Funds for the purchase of the Ford F -150 Crew
Cab 4 X 4 pickup trucks are available in the Capital Outlay Budget of
the Park and Recreation Department in FY 2012 -2013.
The foregoing motoin was passed and approved with the following vote:
Aye: 7- Council Member Adler, Council Member Allen, Council Member Leal,
Council Member Loeb, Council Member Marez, Council Member Martinez
and Council Member Scott
Absent: 2 - MayorAdame and Council Member Elizondo
Abstained: 0
Enactment No: M2012 -179
7 Payment authorization for Mary Rhodes Pipeline emergency repair
(Requires 213 vote)
Motion to authorize payment of $95,512.04 for Mercer Construction
Company for emergency repair to Mary Rhodes Pipeline.
The foregoing motion was passed and approved with the following vote:
Aye: 7- Council Member Adler, Council Member Allen, Council Member Leal,
Council Member Loeb, Council Member Marez, Council Member Martinez
and Council Member Scott
Absent: 2- Mayor Adame and Council Member Elizondo
Abstained: 0
Enactment No: M2012 -180
8 Lease Agreement with Boy Scout Troop sponsor for property located
near McKenzie Rd. and Allison Drive (Requires 2/3 vote)
Ordinance authorizing the City Manager, or designee, to execute a
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three -year Lease Agreement with West Corpus Christi Rotary Club for
the use of property near McKenzie Road and Allison Drive by Boy
Scout troop sponsored by the Rotary Club, in consideration of the
Rotary Club maintaining the premises and improvements; providing for
severance; and declaring an emergency.
An emergency was declared and the foregoing ordinance was passed and
approved with the following vote:
Aye: 7- Council Member Adler, Council Member Allen, Council Member Leal,
Council Member Loeb, Council Member Marez, Council Member Martinez
and Council Member Scott
Absent: 2- Mayor Adame and Council Member Elizondo
Abstained: 0
Enactment No: 029648
9 Authorization for application to State reimbursement program for
beach maintenance expenditures (Requires 213 vote)
Resolution authorizing the City Manager or designee to execute all
documents necessary to request continued financial assistance for
beach cleaning and maintenance on North Padre Island and Mustang
Island during FY 2012 -2013 under the Texas General Land Office's
Beach Cleaning and Maintenance Assistance Program.
The foregoing resolution was passed and approved with the following vote:
Aye: 7- Council Member Adler, Council Member Allen, Council Member Leal,
Council Member Loeb, Council Member Marez, Council Member Martinez
and Council Member Scott
Absent. 2- Mayor Adame and Council Member Elizondo
Abstained: 0
Enactment No: 029649
10 Amendment to interlocal agreement for latchkey program (Requires
2/3 vote)
Resolution authorizing the City Manager or designee to execute an
Amended Interlocal Agreement with the Corpus Christi Independent
School District to operate the latchkey program with term of
approximately five years..
The foregoing resolution was passed and approved with the following vote:
Aye: 7- Council Member Adler, Council Member Allen, Council Member Leal,
Council Member Loeb, Council Member Marez, Council Member Martinez
and Council Member Scott
Absent: 2- Mayor Adame and Council Member Elizondo
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Abstained: 0
Enactment No: 029650
11
State Interlocal agreement for failure to appear at Municipal Court
(Requires 213 vote)
Resolution authorizing the City Manager to execute an Interlocal
Cooperation Agreement with the Texas Department of Public Safety
relating to the Failure To Appear Program
The Foregoing resolution was passed and approved with the following vote:
Aye: 7- Council Member Adler, Council Member Allen, Council Member Leal,
Council Member Loeb, Council Member Marez, Council Member Martinez
and Council Member Scott
Absent: 2- Mayor Adame and Council Member Elizondo
Abstained: 0
Enactment No: 029651
12
Professional services contract for wastewater permitting process
assistance (Requires 213 vote)
Motion authorizing the City Manager, or designee, to execute a
Contract for Professional Services with RPS Espey of Austin, Texas in
the amount of $70,000.00 for the Wastewater Permit Assistance FY
2012.
The foregoing motion was passed and approved with the following vote:
Aye: 7- Council Member Adler, Council Member Allen, Council Member Leal,
Council Member Loeb, Council Member Marez, Council Member Martinez
and Council Member Scott
Absent: 2 - MayorAdame and Council Member Elizondo
Abstained: 0
Enactment No: M2012 -181
13
Ratification of change order for improvements at the airport (Requires
213 vote)
Motion authorizing the City Manager, or designee, to ratify Change
Order No. 2 with Beecroft Construction, LTD of Corpus Christi, in the
amount of $168,499.36 for the CCIA Communication Center,
Perimeter Security, Standby Generator and Commercial Aviation
Apron Lighting Upgrades - Rehabilitate Terminal Building FIS.
The foregoing motion was passed and approved with the following vote:
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Aye: 7- Council Member Adler, Council Member Allen, Council Member Leal,
Council Member Loeb, Council Member Marez, Council Member Martinez
and Council Member Scott
Absent: 2 - MayorAdame and Council Member Elizondo
Abstained: 0
Enactment No: M2012 -182
14 Resolution adopting the City of Corpus Christi's State legislative
priorities for the 83rd Texas Legislature in 2013.
The foregoing resolution was passed and approved with the following vote:
Aye: 7- Council Member Adler, Council Member Allen, Council Member Leal,
Council Member Loeb, Council Member Marez, Council Member Martinez
and Council Member Scott
Absent: 2 - MayorAdame and Council Member Elizondo
Abstained: 0
Enactment No: 029652
15 Second Reading Ordinance - Appropriating funds for equipment,
cadets, and trainee intern program (1st reading 1019112) (Requires 213
vote)
Ordinance appropriating $430,000 from the unreserved fund balance
in No. 9010 Crime Control District Fund for "one- time" expenditures in
the FY 2012 -2013 operating budget, and changing the FY 2012 -2013
operating budget adopted by Ordinance No. 029577 by increasing
appropriations by $430,000.
The foregoing ordinance was passed and approved on second reading with the
following vote:
Aye: 7- Council Member Adler, Council Member Allen, Council Member Leal,
Council Member Loeb, Council Member Marez, Council Member Martinez
and Council Member Scott
Absent: 2- MayorAdame and Council Member Elizondo
Abstained: 0
Enactment No: 029653
16 Second Reading Ordinance - Amending the Capital Improvement
Budget transferring funds; rescinding /executing contract for North
Beach archway (1st reading 1019112) (Requires 213 vote)
Ordinance amending the FY 2013 Capital Improvement Budget
adopted by Ordinance No. 029565 to transfer $40,000 in budgeted
project savings from the Heritage Park Cultural Center Renovation
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Project to the North Beach Entry Development Project; increasing
expenditures in the amount of $40,000; rescinding the award of the
North Beach Entry Development (Bond 2008) Re -Bid contract to
Largin Construction Services, LLC. awarded on June 26, 2012 by
Motion M2012 -119; and authorizing the City Manager, or designee, to
execute a construction contract with Barcom Commercial, Inc. of
Corpus Christi, Texas in the amount of $427,609.49 for the North
Beach Entry Development (Bond 2008) Re -Bid for the Base Bid.
The foregoing ordinance was passed and approved on second reading with the
following vote:
Aye: 7- Council Member Adler, Council Member Allen, Council Member Leal,
Council Member Loeb, Council Member Marez, Council Member Martinez
and Council Member Scott
EXECUTIVE SESSION: (ITEM 17)
Enactment No: 029654
J.
17
A
18
Public Hearing and First Reading Ordinance - Change of zoning from
the "RS -TF" Two - Family District to the "ON" Office District at 5446
Lipes Boulevard (Requires 213 vote)
Case No. 0812 -03 Michael G. Winnie and Liza Winnie: A change of
zoning from the "RS -TF" Two - Family District to the "ON" Office District,
resulting in a change of future land use from medium density
residential to professional office. The property to be rezoned is
described as Corpus Christi Retirement Residence Addition, Block 1,
Lot 2, located along the north side of Lipes Boulevard, approximately
800 feet west of South Staples Street (FM 2444).
Planning Commission and Staff Recommendation (August 15, 2012):
Approval of the change of zoning from the "RS -TF" Two - Family District
to the "ON" Office District.
Absent: 2- Mayor Adame and Council Member Elizondo
Abstained: 0
Executive Session pursuant to Section 551.072 to deliberate the
purchase, exchange, lease, or value of real property where
deliberation in an open meeting would have a detrimental effect on the
position of the City of Corpus Christi in negotiations with a third person
with possible discussion and action in open session.
Mayor Pro Tom Allen read Executive Session No. 17. The council went into
executive session. The council returned from executive session. Mayor Pro
Tem Allen announced that no action would be taken on the executive session.
PUBLIC HEARINGS; ITEMS 18 - 22
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Ordinance
Ordinance amending the Unified Development Code ( "UDC ") upon
application by Michael G. Winnie and Liza Winnie, acting on behalf of
Grace Bible Church of Corpus Christi, Texas ( "Owner"), by changing
the UDC Zoning Map in reference to Corpus Christi Retirement
Residence Addition, Block 1, Lot 2, from the "RS -TF" Two - Family
District to the "ON" Office District; amending the Comprehensive Plan
to account for any deviations; providing a repealer clause; providing for
penalties; and providing for publication.
Mayor Adame referred to Item No. 18. Annika Gunning, Development Services
stated that the applicant, Michael G. Winnie and Liza Winnie are requesting a
zoning change from "RS -TF" Two - Family District to "ON" Office District to
allow for the construction of a 4,000 square foot medical office, located along
the north side of Lipes Boulevard. She added that the Planning Commission
and Staff recommend approval of the change of zoning from "RS -TF" to "ON ".
A motion was made by Council Member Loeb, seconded by Council Member
Scott to open the public hearing and passed There were no comments. A
motion was made by Council Member Adler, seconded by Council Member
Scott to close the public hearing and passed.
The foregoing ordinance was passed and approved on first reading with the
following vote:
Aye: 8- Mayor Adame, Council Member Adler, Council Member Allen, Council
Member Leal, Council Member Loeb, Council Member Marez, Council
Member Martinez and Council Member Scott
Absent: 1 - Council Member Elizondo
Abstained: 0
19 Public Hearing and First Reading Ordinance - Change of zoning from
the "RS -6" Single- Family 6 District to the "RM -1" Multifamily 1 District
at 3226 Houston Street (Requires 213 vote)
Case No. 0812 -05: Nueces County Community Action Agency: A
change of zoning from the "RS -6" Single- Family 6 District to the
"RM -1" Multifamily 1 District, resulting in a change of future land use
from low density residential to medium density residential. The
property to be rezoned is described as Laughlin Addition, Block 3, Lot
25 -A, located along the north side of Houston Street approximately
400 feet east of Kostoryz Road.
Planning Commission & Staff Recommendation (August 15, 2012):
Approval of the change of zoning from the "RS -6" Single - Family 6
District to the "RM -1" Multifamily 1 District.
Ordinance
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Ordinance amending the Unified Development Code ( "UDC') upon
application by Nueces County Community Action Agency ( "Owner'), by
changing the UDC Zoning Map in reference to Laughlin Addition, Block
3, Lot 25-A, from the "RS -6" Single - Family 6 District to the "RM -1"
Multifamily 1 District; amending the Comprehensive Plan to account
for any deviations; providing a repealer clause; providing for penalties;
and providing for publication.
Mayor Adame referred to Item No. 19. Annika Gunning, Development Services
stated that the applicant, Nueces County Community Action Agency is
requesting a change of zoning from the "RS-6" Single Family 6 District to the
"RM -1" Multifamily 1 District to allow for the construction of a four -unit
apartment development, located along the north side of Houston Street
approximately 400 feet east of Kostoryz Road. She stated that the Planning
Commission and Staff recommend approval of the change of zoning. A motion
was made by Council Member Scott, seconded by Council Member Allen to
open the public hearing and passed. There were no comments. A motion was
made by Council Member Loeb, seconded by Council Member Scott to close
the public hearing and passed.
The foregoing ordinance was passed and approved on first reading with the
following vote:
Aye: 7 - MayorAdame, Council MemberAdler, Council MemberAllen, Council
Member Loeb, Council Member Marez, Council Member Martinez and
Council Member Scott
Absent: 1 - Council Member Elizondo
Abstained: 1 - Council Member Leal
20 Public Hearing and First Reading Ordinance - Change of zoning from
the "RM -3" Multifamily 3 District to the "CG -2" General Commercial
District at 5879 South Padre Island Drive (Requires 213 vote)
Case No. 0912 -02 Williams Airline Partners, Ltd.: A change of zoning
from the °RM -3" Multifamily 3 District to the "CG-2" General
Commercial District, resulting in a change of future land use from
medium density residential to commercial. The property to be rezoned
is described as being a 1.792 -acre tract of land out of Lot H, Wilkey
Addition Unit 2, located on the north side of Williams Drive and
approximately 1,200 feet west of Airline Road.
Planning Commission and Staff Recommendation (September 12,
2012):
Approval of the change of zoning from the "RM -3" Multifamily 3 District
to the "CG -2" General Commercial District.
Ordinance
Ordinance amending the Unified Development Code ( "UDC') upon
application by Williams Airline Partners, Ltd. ( "Owner'), by changing
the UDC Zoning Map in reference to a 1.792 -acre tract of land out of
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Lot H, Wilkey Addition Unit 2, from the "RM -3" Multifamily 3 District to
the "CG -2" General Commercial District; amending the Comprehensive
Plan to account for any deviations; providing for a repealer clause,
penalties, and publication.
Mayor Adame referred to Item No. 20. Annika Gunning, Development Services
stated that the applicant, William Airline Partners is requesting a change of
zoning from "RM -3" Multifamily 3 District to the "CG -2" General Commerical
District to allow for construction of a four-story hotel, located on the north side
of Williams Drive. Ms. Gunning stated that the Planning Commission and Staff
recommending approval of the change of zoning from "RM -3" Multifamily 3
District to "CG -2" General Commerical District. A motion was made by Council
Member Scott, seconded by Council Member Adler to open the public hearing
and passed. There were no comments. A motion was made by Council
Member Scott, seconded by Council Member Adler to close the public hearing
and passed.
The foregoing ordinance was passed and approved on first reading with the
following vote:
Aye: 8- Mayor Adame, Council Member Adler, Council Member Allen, Council
Member Leal, Council Member Loeb, Council Member Marez, Council
Member Martinez and Council Member Scott
Absent: 1 - Council Member Elizondo
Abstained: 0
21 Public Hearing and First Reading Ordinance - Change of Zoning:
Request for a Special Permit for the wholesale storage of motor oils
and lubricants in the "IL" Light Industrial District, at 5440 Ayers Street
(Requires 213 vote)
Case No. 0912 -01 Arnold Brothers Properties, L.P.: The applicant is
requesting a Special Permit for the wholesale storage of motor oils and
lubricants in the "IL" Light Industrial District, not resulting in a change
of future land use. The property to be rezoned is described as being a
0.284 -acre tract of land out of Lot 6, Holly Industrial Subdivision,
located on the east side of Ayers Street (SH 286 Business) and
approximately 1,000 feet north of Holly Road_
Planning Commission and Staff Recommendation (September 12,
2012):
Approval of the Special Permit in the "IL" Light Industrial District
subject to specified conditions_
Ordinance
Ordinance amending the Unified Development Code ( "UDC') upon
application by Arnold Brothers Properties, L.P. ( "Owner"), by changing
the UDC Zoning Map in reference to a 0.284 -acre tract of land out of
Lot 6, Holly Industrial Subdivision, by granting a Special Permit to the
Owner in the "IL" Light Industrial District; amending the
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Comprehensive Plan to account for any deviations; and providing for a
repealer clause, penalties, and publication.
Mayor Adame referred to Item No. 21. Annika Gunning, Development Services
stated that the applicant, Arnold Brothers Properties, LP is requesting a special
permit to allow the wholesale storage of motor oils and lubricants for an
automotive parts supply business, located on the east side of Ayers Street.
Ms. Gunning stated that the Planning Commission and Staff recommend
approval of the special permit with four conditions. A motion was made by
Council Member Scott, seconded by Council Member Allen and passed. There
were no comments. A motion was made by Council Member Scott, seconded
by Council Member Allen and passed.
The foregoing ordinance was passed and approved on first reading with the
following vote:
Aye: 8- Mayor Adame, Council Member Adler, Council Member Allen, Council
Member Leal, Council Member Loeb, Council Member Marez, Council
Member Martinez and Council Member Scott
Absent: 1 - Council Member Elizondo
Abstained: 0
22 Public Hearing and First Reading Ordinance - Change of Zoning from
the °I L" Light Industrial District to the "CG -2" General Commercial
District at 5218 Silverberry Drive (Requires 213 vote)
Case No. 0912 -03 Starplex Operating, L.L.C.: A change of zoning
from the "I L" Light Industrial District to the "CG -2" General Commercial
District, not resulting in a change of future land use. The property to be
rezoned is described as being a 7.7 -acre tract of land out of Lot 11,
Block 3, S.P.I.C.E. Plaza, located along the east side of Silverberry
Drive and along the south side of South Padre Island Drive (SH 358).
Planning Commission and Staff Recommendation (September 12,
2012):
Approval of the change of zoning from the "IL" Light Industrial District
to the "CG -2" General Commercial District.
Ordinance
Ordinance amending the Unified Development Code ( "UDC ") upon
application by Starplex Operating, L.L.C., acting on behalf of STORE
SPE Starplex, LLC ( "Owner"), by changing the UDC Zoning Map in
reference to a 7.7 -acre tract of land out of Lot 11, Block 3, S.P.I.C.E.
Plaza, from the "IL" Light Industrial District to the "CG -2" General
Commercial District; amending the Comprehensive Plan to account for
any deviations; providing for a repealer clause, penalties, and
publication.
Mayor Adame referred to Item No. 22. Annika Gunning, Development Services
stated that the applicant, Starplex Operating, LLC is requesting a change of
zoning from "IL" Light Industrial District to "CG -2" General Commerical
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District, to bring the property to a non - conforming use into compliance with
the currentzoning regulations, located along the east side of Silverberry Drive
and along the south side of South Padre Island Drive. Ms. Gunning stated that
the Planning Commission and Staff recommend approval of the zoning
change. A motion was made by Council Member Scott, seconded by Council
MemberAdler to open the public hearing and passed. There were no
comments. A motion was made by Council Member Scott, seconded by
Council Member Marez to close the public hearing and passed.
The foregoing ordinance was passed and approved on first reading with the
following vote:
Aye: 8- Mayor Adame, Council Member Adler, Council Member Allen, Council
Member Leal, Council Member Loeb, Council Member Marez, Council
Member Martinez and Council Member Scott
L.
23
Agreement to manage the American Bank Center (Requires 213 vote)
Motion authorizing the City Manager or his designee to execute a new
five year agreement with SMG to manage the American Bank Center
under new fees, terms and conditions, including a new base
management fee and incentive fee formula, new performance
requirements, new food and beverage service provisions, and
authorizing termination of the current agreement.
Mayor Adame referred to Item No. 23. Was Pierson, Assistant City Manager
stated that this item is to approve a five year management agreement with
SMG to manage the American Bank Center under new fees, terms, and
conditions. Mr. Pierson stated that the term of the agreement is for five
years, with the first three years guaranteed, and with an option to terminate the
agreement with or without cause with a 90 day notice during the final two years
of the agreement. He also added that at the commencement of the agreement,
SMG will provide a grant in the amount of $250,000 to the City, and to use the
grant funds at its discretion; however, if the agreement were terminated at the
end of third, fourth or fifth year, SMG would be entitled to the remaining funds.
He further discussed the base managment fee, incentive fee and termination
for poor performance. He added that the motion would need to be amended to
direct staff to terminate the current lease.
Mayor Adame asked for comments from the audience and the following
citizens spoke and made comments: Steve Cahoon, Vice President,
Centerplate; Jim Salamente, SMG; and Abel Alonzo.
A motion was made by Council Member Marez, seconded by Council Member
Scott to amend the motion directing staff to terminate the current agreement
and passed with the following vote: Adame, Adler, Allen, Leal, Marez, Martinez,
and Scott voting "Aye "; Loeb voting "No"; and Elizondo "Absent".
Absent: 1 - Council Member Elizondo
Abstained: 0
REGULAR AGENDA: (ITEM 23)
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The foregoing motion was passed and approved as amended with the
following vote:
Aye: 7 - MayorAdame, Council Member Adler, Council MemberAllen, Council
Member Leal, Council Member Marez, Council Member Martinez and
Council Member Scott
Nay: 1 - Council Member Loeb
Absent: 1 - Council Member Elizondo
Abstained: 0
Enactment No: M2012 -183
M. FIRST READING ORDINANCES: ITEMS 24 - 26
24 First reading ordinance - Utility easement closure to develop property
located on the southwest corner of Ocean Drive and Airline Road
(Requires 213 vote)
Ordinance abandoning and vacating a 14 -foot wide portion of a 38 -foot
wide utility easement out of Lots 1 and 2, Ocean Village Estates Unit
1, and Lot 3, Block 1, Ocean Village Estates; and requiring the owner,
Airline and Ocean Investments, L.P., to comply with the specified
conditions.
A motion was made that this Ordinance be passed on first reading. The motion
carried by the following vote:
Aye: 7- Mayor Adame, Council Member Adler, Council Member Allen, Council
Member Leal, Council Member Marez, Council Member Martinez and
Council Member Scott
Absent: 2 - Council Member Elizondo and Council Member Loeb
Abstained: 0
25 First Reading Ordinance -Approving Type A agreement and
appropriating funds for constructing two plants at the port
Ordinance approving a Type A Incentives Agreement between the
Corpus Christi Business and Job Development Corporation ( " Type A
Corporation ") and M &G Resins USA, LLC ("M &G ") to provide a grant
of up to $3,000,000 for constructing two plants in the inner harbor,
investing $751 million, creating 220 full -time jobs, and paying at least
$11.7 million in annual wages and authorizing the City Manager, or
designee, to execute a Project Support Agreement with the Type A
Corporation to administer the M &G Type A Incentives Agreement and
appropriating $3,000,000 from the unreserved fund balance in the No.
1140 BusinesslJob Development Fund for a business incentive grant
from the Type A Corporation to M &G for constructing two plants in the
inner harbor, investing $751 million, creating 220 full -time jobs, and
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Meeting Minutes - Final October 16, 2012
paying at least $11.7 million in annual wages; Changing the FY
2012 -2013 operating budget, adopted by Ordinance No. 029565, by
increasing proposed expenditures by $3,000,000.
A motion was made that this Ordinance be passed on first reading. The motion
carried by the following vote:
Aye: 7- Mayor Adame, Council Member Adler, Council Member Allen, Council
Member Leal, Council Member Loeb, Council Member Marez and Council
Member Martinez
Absent: 1 - Council Member Elizondo
Abstained: 1 - Council Member Scott
26 First Reading Ordinance - Use privilege agreement to allow
communications cable to cross city right -of -way for private business
operations (Requires 213 vote)
Ordinance authorizing the City Manager to execute a use privilege
agreement with Super Commercial Properties, LLC, and Gates E &S
North America, Inc. ( "Permittees "), to install, operate, maintain, and
remove an aerial fiber optic communications cable across the 44th
Street public right -of -way from 134 44th Street to 123 44th Street,
subject to Permittees' compliance with the specified conditions.
A motion was made that this Ordinance be passed on first reading. The motion
carried by the following vote:
Aye: 7- Mayor Adame, Council Member Adler, Council Member Allen, Council
Member Leal, Council Member Loeb, Council Member Marez and Council
Member Martinez
Absent: 2 - Council Member Elizondo and Council Member Scott
Abstained: 0
N. FUTURE AGENDA ITEMS: ITEMS 27 - 32
Mayor Adame referred to the Future Agenda section, Items 27 - 32. Mayor
Adame stated that these items are for informational purposes only and that no
action or public comment would be taken. City Manager Olson stated that staff
would provide a presentation on Items 30 and 32; and Council Member
Martinez requested a presentation on Item No. 33.
27 Purchase of Six (6) Side Loading Refuse Trucks for city -wide
automated collection process
Motion approving the lease- purchase of six (6) side - loading refuse
trucks from Rush Truck Centers of Texas LP, Houston, Texas for a
total amount of $1,576,127.60 of which $84,438.57 is required for the
remainder of FY 2012 -2013. The award is based on the cooperative
purchasing agreement with the Texas Local Government Purchasing
Cooperative (TLGPC). All units are replacements to the fleet and will
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be used by the Solid Waste Department. Financing for the
lease- purchase of the vehicles will be provided through the City's
lease- purchase financing program.
This Motion was recommended by staff to the Consent Agenda.
28 Approving purchase of electronic ticket writers for traffic officers
Motion approving the purchase of fifteen (15) hand held ticket writers
for the Corpus Christi Police Department in the amount of $69,419,
from Brazos Technologies, College Station, Texas based on General
Services Administration Contract No GS- 35F- 0096X. Funds are
available through the 2012 Edward Byrne Justice Assistance Grant.
This Motion was recommended by staff to the Consent Agenda.
29 Professional services contract for geotechnical study for water line,
gas line, and management information system conduit from Laguna
Shores Boulevard to Padre Island Drive
Motion authorizing the City Manager, or designee, to execute a
Contract for Geotechnical Engineering Services with Kleinfelder
Central, Inc. of Corpus Christi, Texas in the amount of $70,000.00 for
the Padre Island Water Supply Study.
This Motion was recommended by staff to the Consent Agenda.
30 Master agreement for job order contracting for minor construction
services and repair of city facilities
Motion authorizing the City Manager or designee to execute a Master
Agreement for Job Order Contracting (JOC) with Barcom Commercial,
Inc. for a two -year term with option to renew administratively for up to
three one -year periods, with no guaranteed minimum and a maximum
aggregate of $2,000,000.00 in any one year; authorizing the City
Manager or designee to execute all Job Order Contracts thereunder
not exceeding $500,000.00; authorizing the City Manager or designee
to execute a Master Agreement for Job Order Contracting (JOC) with
CAS Companies, LP for a two -year term with option to renew
administratively for up to three one -year periods, with no guaranteed
minimum and a maximum aggregate of $2,000,000.00 in any one
year; authorizing the City Manager or designee to execute all Job
Order Contracts thereunder not exceeding $500,000.00.
This Motion was recommended by Staff to the Regular Agenda.
31 Certification of the 2012 Property Tax Levy
Motion approving the 2012 Property Tax Levy of $81,245,941.65
based on the adopted property tax rate of $0.570557 per $100
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valuation, in accordance with Section 26.09 (e) of the Texas Property
Tax Code.
This Motion was recommended by Staff to the Consent Agenda.
32 Professional services contract for survey and design work to re -route
power lines that cross water treatment plant
Motion authorizing the City Manager, or designee, to execute a
contract for professional services with AEP Texas Central Company in
the amount of $400,000.00 for the O.N. Stevens Water Treatment
Plant Transmission Line Relocation Project.
This Motion was recommended by Staff to the Consent Agenda.
FUTURE CORPORATION MEETING (ITEM 33)
33 Board of Director's Meeting of the Corpus Christi Community
Improvement Corporation (CCCIC)
1. Call the Meeting to Order
2. Secretary Armando Chapa calls roll
3. Approval of the minutes of September 25, 2012
4. Treasurer's Report
5. Motion to approve loan commitments for the Palms at Leopard
project
6. Motion to approve loan commitments for the Hacienda Senior
Apartments project
7. Public Comment
8. Adjournment
This Corporation Meeting was recommended -to be held.
O. UPDATES TO CITY COUNCIL: ITEM 34
34 Corpus Christi Regional Economic Development Corporation
Semi - Annual report to the City Council
Mayor Adame referred to Item No. 34, Semi - Annual Report for the Corpus
Christi Regional Economic Development Corporation. Mr. Roland Mower,
President and CEO for the Regional Economic Development Corporation
provided a quarterly update and discussed the following. 2012 economic
trends; new residential permits and new commerical permits for 2012; and
business attraction activity update for 3rd Quarter including existing industry.
Mr. Mower announced the new successes: M&G Resins USA, Del Mar College
Truck Training Simulators, and Schlitterbahn.
P. Public Comment.
Mayor Adame referred to Public Comment. Art Norman made comments
regarding the destruction at Oso Creek Park.
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Q. CITY MANAGER'S COMMENTS:
* Update on City Operations
Mayor Adame referred to City Manager comments. City Manager Olson
announced that Kimberly Jozwiak has been hired for the Director of Municipal
Court position. Mr. Olson provided an update on Solid Waste Competitive
Review.
R. ADJOURNMENT
There being no further business to come before the Council meeting, Mayor
Adame adjourned the meeting at 3:40 pm.
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