HomeMy WebLinkAboutMinutes City Council - 02/26/2013I 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 February 26, 2013 which were approved by
the City Council on March 19, 2013.
WITNESSETH MY HAND AND SEAL, on this the 19th day of March, 2013.
Armando Chapa
City Secretary
SEAL
I NDVED
1201 Leopard Street
Corpus Christi, TX 78401
ectexas.com
Tuesday, February 26, 2013. 11:30 AM Council Chambers
A. CALL MEETING TO ORDER.
Mayor Martinez called the meeting to order.
B. INVOCATION.
The invocation was delivered by Bill Word.
C. PLEDGE OF ALLEGIANCE.
The Pledge of Allegiance was led by Holly Tyree, City Manager's Office.
D. ROLL CALL.
City Secretary Armando Chapa verified that the necessary quorum of the
Council and the required Charter Officers were present to conduct the meeting.
Charter Officers: City Manager Ron Olson, City Attorney Carlos Valdez, and
City Secretary Armando Ghapa.
Present: 9- Council Member Kelley Allen, Council Member Priscilla Leal,Council
Member David Loeb,Mayor Nelda Martinez,Council Member Mark
Scott,Council Member Chad Magill,Council Member Colleen
Mel ntyre, Council Member Lillian Riojas, and Council Member Rudy Garza
E. Proclamations 1 Commendations
1. Certificate of Commendation to P. Gail Anderson, PE
Recognition of the Hotel Occupancy Tax Fund Arts Grant Recipients
for 2013 chosen by the Arts & Cultural Commission
Proclamation declaring February 24 - March 2, 2013 as "Peace Corps
Week"
Proclamation declaring February 28, 2013 as "Larry Elizondo, Sr. Day"
Proclamation declaring March 2013 as "Women's History Month"
Proclamation declaring March 1, 8, and 15, 2013 as "Fill -the -Boot for
Muscular Dystrophy Association"
Proclamation declaring March 3 - 9, 2013 as "Women in Construction
Week"
Proclamation declaring March 7, 2013 as "Risk Management
Awareness Day"
Mayor Martinez read and presented the Proclamations.
Corpus Christi Page 1 Printed on 3/812073
City Council
Meeting Minutes - Final February 26, 2013
F. PUBLIC COMMENT.
Mayor Martinez referred to Public Comment. The following citizens spoke:
Carolyn Moon spoke in support of a plastic bag fee; Susie Luna Saldana stated
that she supports Destination Bayfront but that right now it is not the right
time, and that we need to focus on fixing the roads; Foster Edwards, CEO of
Chamber of Commerce spoke regarding Windstorm Insurance, and invited the
Council to Coastal Bend Day in Austin next Tuesday, March 5th; Lynda Jones
spoke regarding construction on Vaky Street and the need for speed bumps;
Cheryl Martinez recognized the Animal Control department for their great work;
Colin Sykes spoke about Destination Bayfront and stated that we need to focus
on road and street needs; Paul Koepke spoke in support of Destination
Bayfront; Denny Bales thanked the Police Department for the leadership in
overseeing the Animal Control; Lisa Scheerer spoke in regards to the street
maintenance fee and asked that Charter Schools be added to the exemption
list; Willard Hammonds asked for equitable distribution of the street
maintenance fee; Joe McComb spoke about the street maintenance fee and the
impact to small businesses; Joe Guerra spoke about the plastic bag fee, and
the unfair burden of the street maintenance fee on small businesses; and Jack
Gordy spoke about the signs on Regional Transportation Authority bus
benches.
Renee Clayton spoke in support of Destination Bayfront, and read a letter on
behalf of Ed and Camille Gates regarding their support for Destination
Bayfront; Sean De La Garza spoke against the street maintenance fee and the
impact on small businesses; David Fields spoke against the street
maintenance flee; Tony Norrell spoke against the formula used to calculate the
street maintenance fee; Gilbert Martinez stated that the fee is inequitable and
unfair for small businesses; Pablo Garza, Jr., Commander, Bill Roper Country
Post #364 (Veteran Organization) spoke against the street maintenance fee and
asked to consider adding non - profit organizations on the exemption list;
Martha Martinez spoke against the street maintenance fee and the impact the
fee would have on small businesses; Patty Clark spoke in support of
Destination Bayfront; Trey Bates spoke in support of Destination Bayfront and
asked about an equitable system for the street maintenance fee; Butch
Escobedo spoke against the formula used for calculatiing the street
maintenance fee, the impact it will have on small businesses and does not
support the 30,000 cap; Abel Alonzo spoke about the cost to date for
Destination Bayfront and the additional cost if the Bond Proposition passes;
Jerry Garcia spoke about several issues of concern in the city; and the lack of
funding to Southside Youth Sports Complex; Eloy Salazar spoke against the
street maintenance fee and that it needs to be fair and equitable; Casey Lane
spoke against the street maintenance fee and asked that it be tabled; Loni
Bernal spoke in support of the Select Baseball program and the funds it
generates in the community; Kirk Bromfield agrees that streets needs to be
repaired, but that the the proposal is unfair to small businesses; Mr. Tamez
spoke against the street maintenance fee; Ray Brown, spoke about the street
maintenance fee and the impact on small businesses.
G. EXECUTIVE SESSION: (ITEM 2)
Mayor Martinez referred to Executive Session Item No. 2. The Council went
into executive session. The council returned from executive session.
Corpus Christi Page 2 Printed on 31WO13
City Council Meeting Minutes - Final February 26, 2013
2. Executive session pursuant to section 551.087 of the Texas
Government Code to discuss or deliberate issues regarding
commercial information that the City has received from a business
prospect that the City seeks to have locate, stay or expand in or near
the territory of the City and with which the City is conducting economic
development negotiations, with possible discussion and action in open
session.
This executive session was discussed and no action was taken.
H. MINUTES:
3. Approval of Meeting Minutes - February 19, 2013.
A motion was made by Council Member Scott, seconded by Council Member
Magill and passed to approve the minutes as presented.
BOARDS & COMMITTEE APPOINTMENTS:
K. CONSENT AGENDA: ITEMS 4 - 23
Mayor Martinez referred to the Consent Agenda, Items 4 through 23. Mayor
Martinez asked for council and public comment. There were no comments.
The items were approved by one vote:
4. Supply Agreement for hot tap fittings for repairing or adding
pressurized natural gas lines
Motion approving a supply agreement with M.T. Deason Company,
Inc., Birmingham, Alabama for hot tap fittings in accordance with Bid
Invitation No. BI- 0052 -13 based on only bid for an estimated annual
expenditure of $69,257.50, of which $40,400.21 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 Gas
Department in FY 2012- 2013.
The foregoing motion was passed and approved with the following vote:
Aye. 9- Council Member Allen, Council Member Leal, Council Member Loeb,
Mayor Martinez, Council Member Scott, Council Member Magill, Council
Member McIntyre, Council Member Riojas and Council Member Garza
Abstained: 0
Enactment No: M2013 -035
5. Service agreement for uniformed guard security services for specific
City buildings
Corpus Christi Page 3 Printed on 31812043
City Council Meeting Minutes - Final February 26, 2013
Motion approving a service agreement with Eddie Garza Security &
Investigations, of Corpus Christi, Texas for uniformed guard security
services for City Hall, Frost Bank Building, Central Library, Ben F.
McDonald Library, Janet F. Harte Library and the O.N. Stevens Water
Treatment Plant in accordance with Bid Invitation No. BI- 0035 -13
based on lowest local bid for an estimated twelve month expenditure
of $296,186.63 of which $123,411.10 is required for the remainder of
FY 2012 -2013. The term of the agreements shall be for twelve months
with options to extend for up to two additional twelve months periods,
subject to the approval of the supplier and the City Manager or
designee. Funds have been budgeted by the using departments in FY
2012-2013.
The foregoing motion was passed and approved with the following vote:
Aye: 9- Council Member Allen, Council Member Leal, Council Member Loeb,
Mayor Martinez, Council Member Scott, Council Member Magill, Council
Member McIntyre, Council Member Rojas and Council Member Garza
Abstained: 0
Enactment No: M2013 -036
6. Authorizing State grant application submission for assisting victims of
crime
Resolution authorizing the submission of a grant application in the
amount of $79,188.69 to the State of Texas, Criminal Justice Division
for funding available under the Victims of Crime Act (VOCA) fund for
the Police Department's Family Violence Unit with a city match of
$16,964.54 and $4,000 in -kind services, for a total project cost of
$100,153.23; and authorizing the City Manager or designee to apply
for, accept, reject, alter, or terminate the grant.
The foregoing resolution was passed and approved with the following vote:
Aye: 9- Council Member Allen, Council Member Leal, Council Member Loeb,
Mayor Martinez, Council Member. Scott, Council Member Magill, Council
Member McIntyre, Council Member Riojas and Council Member Garza
Abstained: 0
Enactment No: 029743
7. Authorizing State grant application submission to State for direct
services to victims of crime
Resolution authorizing the submission of a grant application in the
amount of $67,660.55 to the State of Texas, Criminal Justice Division.
For funding available under the Victims of Crime Act (VOCA) fund for
the Police Department's Family Violence Unit to establish a Victim
Outreach Program with a city match of $13,533.07 and $3,000 in -kind
services, for a total project cost of $84,193.62; and authorizing the City
Corpus Christi Page 4 Printed on 3/8/2013
City Council
Meeting Minutes - Final February 26, 2013
Manager or designee to apply for, accept, reject, alter, or terminate the
grant.
The foregoing resolution was passed and approved with the following vote:
Aye: 9- Council Member Allen, Council Member Leal, Council Member Loeb,
Mayor Martinez, Council Member Scott, Council Member Magill, Council
Member McIntyre, Council Member Riojas and Council Member Garza
Abstained: 0
Enactment No: 029744
8. Authorizing State grant application submission to State for reducing
and preventing violence against women
Resolution authorizing the submission of a grant application in the
amount of $47,351.74 to the State of Texas, Criminal Justice Division.
For funding available under the Violence Against Women Act (VAWA)
fund for the Police Department's Family Violence Unit with a city match
of $16,573.28 and $5,400 in -kind services, for a total project cost of
$69,325.02; and authorizing the City Manager or designee to apply for,
accept, reject, alter, or terminate the grant.
The foregoing resolution was passed and approved with the following vote:
Aye: 9- Council Member Allen, Council Member Leal, Council Member Loeb,
Mayor Martinez, Council Member Scott, Council Member Magill, Council
Member McIntyre, Council Member Riojas and Council Member Garza
Abstained: 0
Enactment No: 029745
9. Approving amendment no. 2 to professional services contract for water
supply study to include gas line and Municipal Information Systems
conduit from Laguna Shores Boulevard to Padre Island Drive
Motion authorizing the City Manager, or designee, to execute
Amendment No. 2 to the Contract for Professional Services with Urban
Engineering of Corpus Christi, Texas in the amount of $182,976.00, for
a total restated fee not to exceed $597,216.00, for the Padre Island
Water Supply Study.
The foregoing motion was passed and approved with the following vote:
Aye: 9 - Council MemberAilen, Council Member Leal, Council Member Loeb,
Mayor Martinez, Council Member Scott, Council Member Magill, Council
Member McIntyre, Council Member Riojas and Council Member Garza
Abstained: 0
Enactment No: M2013 -037
10. Construction Contract for removing ammonia from reclaimed water to
Corpus Christi Page 5 Printed on 31312013
City Council Meeting Minutes - Final February 26, 2013
meet Texas Commission of Environmental Quality (TCEQ) permit
criteria for ammonia
Motion authorizing the City Manager, or designee, to execute a
Construction Contract with CSA Construction of Houston, Texas in the
amount of $3,461,025.00, for Oso Water Reclamation Plant Nutrient
Removal Project (Ammonia) - Phase 1.
The foregoing motion was passed and approved with the following vote:
Aye: 9- Council MemberAllen, Council Member Leal, Council Member Loeb,
Mayor Martinez, Council Member Scott, Council Member Magill, Council
Member McIntyre, Council Member Riojas and Council Member Garza
Abstained: 0
Enactment No: M2013 -038
11. Appointing Council Members to the Corpus Christi Housing and
Finance Corporation and the Corpus Christi Industrial Development
Corporation
Motion appointing Council Members Nelda Martinez, Kelley Allen,
Rudy Garza, Priscilla Leal, David Loeb, Chad Magill, Colleen McIntyre,
Lillian Riojas and Mark Scott as Board Members to the Corpus Christi
Housing Finance Corporation and the Corpus Christi Industrial
Development Corporation.
The foregoing motion was passed and approved with the following vote:
Aye: 9 - Council MemberAllen, Council Member Leal, Council Member. Loeb,
Mayor Martinez, Council Member Scott, Council Member Magill, Council
Member McIntyre, Council Member Riojas and Council Member Garza
Abstained: 0
Enactment No: M2013 -039
12. Appointing Council Members to the Coastal Bend Health Facilities
Development Corporation and the Coastal Bend Cultural Education
Facilities Finance Corporation boards
Motion appointing Council Members Nelda Martinez, Kelley Allen,
Rudy Garza, Priscilla Leal, David Loeb, Chad Magill, Colleen McIntyre,
Lillian Riojas and Mark Scott as Board Members to the Coastal Bend
Health Facilities Development Corporation and the Coastal Bend
Cultural Education Facilities Finance Corporation.
The foregoing motion was passed and approved with the following vote:
Aye: 9 - Council MemberAllen, Council Member Leal, Council Member Loeb,
Mayor Martinez, Council Member Scott, Council Member Magill, Council
Member McIntyre, Council Member Riojas and Council Member Garza
Corpus Christi Page 8 Printed on 31812013
City Council Meeting Minutes - Final February 26, 2013
Abstained: 0
Enactment No: M2013 -040
13. Second Reading Ordinance - A change of zoning from the "RS -6"
Single- Family 6 District to the "RM -1" Multifamily 1 District, at 7201
Brooke Road (1st Reading 2112113)
Case No. 0113 -01 Brooke Tract, L.P.: 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 is described as 39.99 acres
out of Lots 16, 17, 18, 19, 28, 29, and 30, Section 26, Flour Bluff and
Encinal Farm and Garden Tracts, located on the southeast corner of
Rodd Field Road and Brooke Road.
Planning Commission and Staff Recommendation (January 16, 2013):
Approval of the change of zoning from the "RS -6" Single - Family 6
District to the "RM-1 "Multifamily 1 District
Ordinance
Ordinance amending the Unified Development Code ( "UDC ") upon
application by Brooke Tract, L.P. ( "Owner"), by changing the UDC
Zoning Map in reference to 39.99 acres out of Lots 16, 17, 18, 19, 28,
29, and 30, Section 26, Flour Bluff and Encinal Farm and Garden
Tracts, from the "RS -6" Single - Family 6 District to the "RM -1"
Multifamily 1 District; amending the Comprehensive Plan to account
for any deviations; and providing for a repealer clause and publication.
The foregoing ordinance was passed and approved on second reading with the
following vote:
Aye: 9 - Council MemberAllen, Council Member Leal, Council Member Loeb,
Mayor Martinez, Council Member Scott, Council Member Magill, Council
Member McIntyre, Council Member Riojas and Council Member Garza
Abstained: 0
Enactment No: 029746
14. Second Reading Ordinance - Adopting a local amendment to the 2009
International Residential Code (IRC) that establishes a fire separation
distance equal to the one that was required by the 2003 IRC (1st
Reading 2112113)
Ordinance amending the Code of Ordinances, Chapter 14,
"Development Services," Article II, "City of Corpus Christi Technical
Construction Codes," Division 8, 'Residential Code," Section 14 -291,
"Residential construction code," by creating new subsection (6.1)
Corpus Christi Page 7 Primed on 3/812013
City Council Meeting Minutes - Final February 26, 2013
pertaining to Section R302.1 of the International Residential Code for
One- and Two - Family Dwellings, which relates to exterior walls and
fire- resistant construction, in order to establish new exception
language and include modifications to the applicable table.
The foregoing ordinance was passed and approved on second reading with the
following vote,
Aye: 9- Council Member Allen, Council Member Leal, Council Member Loeb,
Mayor Martinez, Council Member Scott, Council Member Magill, Council
Member McIntyre, Council Member Riojas and Council Member Garza
Abstained: 0
Enactment No: 029747
15. Second Reading Ordinance - Adopting the 2009 International Fire
Code with local amendments (1st Reading 2112113)
Ordinance adopting the International Fire Code, 2009 Edition, with
local amendments, as the Fire Code of the City of Corpus Christi;
providing for penalties; providing for severance; and providing for
publication.
The foregoing ordinance was passed and approved on second reading with the
following vote:
Aye: 9- Council Member Allen, Council Member Leal, Council Member Loeb,
Mayor Martinez, Council Member Scott, Council Member Magill, Council
Member McIntyre, Council Member Riojas and Council Member Garza
Abstained: 0
Enactment No: 029748
16. Second Reading Ordinance - Agreement for use of McGee_ Beach for
music event (1st Reading 2112113)
Ordinance authorizing the City Manager or designee to execute an
Agreement with Elizabeth Guarneri for use of McGee Beach for music
event to beheld on March 16, 2013 and March 17, 2013.
This ordinance was withdrawn.
17. Second Reading Ordinance - Accepting and appropriating State grant
funds and regional cash match funds for parking lot improvements at
the Billings and Clems Boat Ramp; amending project agreement to
increase federal grant funds and include lease as local match (1st
Reading 2112113)
Ordinance authorizing the City Manager or designee to execute all
documents necessary to accept and appropriate funding in the amount
of $25,000 from the Saltwater- fisheries Enhancement Association and
$674,710 in additional federal funding for the Clem's and Billing's Boat
Corpus Christi Page 8 Printed on 31812013
City Council Meeting Minutes - Final February 26, 2013
Ramp renovations in the No. 1067 Park and Recreation Grants Fund;
authorizing the City Manager or designee to execute Amendment to
Project Agreement with Texas Parks and Wildlife Department for
Clem's and Billing's Boat Ramp renovations to increase federal grant
funds $674,710 and include 25 year lease with Texas General Land
Office as local match; and amending the FY 12 -13 Capital Budget
adopted by Ordinance No. 029565 by increasing proposed revenues
by $699,710.
The foregoing ordinance was passed and approved on second reading with the
following vote:
Aye: 9 - Council MemberAllen, Council Member Leal, Council Member Loeb,
Mayor Martinez, Council Member Scott, Council Member Magill, Council
Member McIntyre, Council Member Riojas and Council Member Garza
Abstained: 0
Enactment No: 029749
18. Second Reading Ordinance - Accepting and appropriating State grant
and City matching funds for wildlife refuge improvements (1st Reading
2112113)
Ordinance authorizing the City Manager or designee to execute all
documents necessary to accept and appropriate a grant in the amount
of $100,000 from the Texas General Land Office for Hans and Pat
Suter Wildlife Refuge improvements in the No. 1067 Park and
Recreation Grants Fund with City matching funds of $66,667.00 in the
No. 4720 Community Enrichment Fund for total project amount of
$166,667.00.
The foregoing ordinance was passed and approved on second reading with the
following vote:
Aye: 9 - Council MemberAllen, Council Member Leal, Council Member Loeb,
Mayor Martinez, Council Member Scott, Council Member Magill, Council
Member McIntyre, Council Member Riojas and Council Member Garza
Abstained: 0
Enactment No: 029750
19. Second Reading Ordinance - Accepting and appropriating State grant
for elderly nutrition home delivered meals (1st Reading 2112113)
Ordinance authorizing the City Manager or designee to execute all
documents necessary to accept and appropriate a $140,220.79 grant
from the Texas Department of Agriculture Texans Feeding Texans
Program in the No. 1067 Parks and Recreation Grants Fund for the FY
2013 Senior Community Services, Elderly Nutrition Program.
The foregoing ordinance was passed and approved on second reading with the
following vote:
Corpus Christi Page 9 Printed on 3/812013
City Council Meeting Minutes - Final February 26, 2013
Aye: 9- Council Member Allen, Council Member Leal, Council Member Loeb,
Mayor Martinez, Council Member Scott, Council Member Magill, Council
Member McIntyre, Council Member Riojas and Council Member Garza
Abstained: 0
Enactment No: 029751
20. Second Reading Ordinance - Amending the Capital Improvement
Budget and ratifying Change Order No. 5 for improvements at the
Airport (1st Reading 2112113)
Ordinance amending the FY 2013 Capital Improvement Budget
adopted by Ordinance No. 029565 to add Project No. 810075 Corpus
Christi International Airport Communications Center, Perimeter
Security, Standby Generator, and Commercial Aviation Lighting
Upgrades; increasing expenditures in the amount of $170,404.21; and
ratifying Change Order No. 5 to the Construction Contract with
Beecroft Construction, Ltd. of Corpus Christi, Texas in the amount of
$170,404.21, for a total restated fee not to exceed $2,943,053.09, for
the Corpus Christi International Airport Communications Center,
Perimeter Security, Standby Generator and Commercial Aviation
Lighting Upgrades.
The foregoing ordinance was passed and approved on second reading with the
following vote:
Aye: 9- Council Member Allen, Council Member Leal, Council Member Loeb,
Mayor Martinez, Council Member Scott, Council Member Magill, Council
Member McIntyre, Council Member Riojas and Council Member Garza
Abstained: 0
Enactment No: 029752
21. Second Reading Ordinance - Amending lease agreement to exclude
subsidiary from On- Airport Rental Car Consession and Lease for
airport (1st Reading 2/12/13)
Ordinance authorizing the City Manager, or designee, to ratify an
amendment to the On- Airport Rental Car Concession and Lease
Agreement with The Hertz Corporation for the operation of a car rental
concession at the Corpus Christi International Airport ( "Airport") to
exclude former Hertz subsidiary Simply Wheelz, L.L.C. as a party.
The foregoing ordinance was passed and approved on second reading with the
following vote:
Aye: 9- Council Member Allen, Council. Member Leal, Council Member Loeb,
Mayor Martinez, Council Member Scott, Council Member Magill, Council
Member McIntyre, Council Member Riojas and Council Member Garza
Abstained: 0
Corpus Christi Page 10 Printed on 318/2013
City Council Meeting Minutes - Final February 26, 2013
Enactment No: 029753
22. Second. Reading Ordinance - Amending rental car concession and
lease agreements with each rental car agency located at the airport
(1st Reading 2112113)
Ordinance authorizing the City Manager, or designee, to execute a
First Amendment to the On- Airport Rental Car Concession and Lease
Agreement with each 1) EAN Holdings, LLC, a wholly owned
subsidiary of Enterprise Holdings, Inc. dba Alamo Rent A Car and
National Car Rental ( "Alamo /National "), 2) Coastal Bend Rent -A -Car
dba Avis Rent -A -Car ( "Avis "), 3) DTG Operations, Inc. dba Dollar
Rent -A -Car and Thrifty Car Rental ( "Dollar/Thrifty "), 4) EAN Holdings,
LLC, a wholly owned subsidiary of Enterprise Holdings, Inc. dba
Enterprise Rent -A -Car ( "Enterprise "), and 5) The Hertz Corporation
( "Hertz ") to lease space in the Quick Turn Around Facility ( "QTA ")
located at the Corpus Christi International Airport ( "Airport"), in
consideration of a base rent to be offset as applicable by revenues
collected via a Customer Facility Charge, each for a term of five (5)
years.
The foregoing ordinance was passed and approved on second reading with the
following vote:
Aye: 9- Council Member Allen, Council Member Leal, Council Member Loeb,
Mayor Martinez, Council Member Scott, Council Member Magill, Council
Member McIntyre, Council Member Riojas and Council Member Garza
Abstained: 0
Enactment No: 029754
23. Second Reading Ordinance - Amending the City Code of Ordinances
regarding Mayoral appointments to audit committee, period for audit
reports follow -up, peer review effective date and process for filling City
Auditor vacancy'(1 st Reading 2112113)
Ordinance amending Chapter 12'/2 of the City Code of Ordinances
regarding City Council Audit Committee, Audit follow -up reports, Peer
review, and City Auditor vacancy and selection process.
The foregoing ordinance was passed and approved on second reading with the
following vote:
Aye: 9 - Council Member Allen, Council Member Leal, Council Member Loeb,
Mayor Martinez, Council Member Scott, Council Member Magill, Council
Member McIntyre, Council Member Riojas and Council Member Garza
Abstained: 0
Enactment No: 029755
L. PUBLIC HEARINGS: ITEMS 24 - 28
Corpus Christi Page 11 Printed on 31812013
City Council Meeting Minutes - Final February 26, 2013
24. Public Hearing and First Reading Ordinance - A change of zoning from
the "ON" Office District to the "RS -6" Single - Family 6 District, at 10625
Gettysburg Street.
Case No. 0113 -02 Jose Luis Martinez and Frances Martinez: A
change of zoning from the "ON" Office District to the "RS -6"
Single - Family 6 District, resulting in a change of future land use from
park to low density residential. The property is described as Jackson
Woods Subdivision Unit 1, Block G, Lot 17, located on the southeast
corner of Gettysburg Street and Peach Tree Street.
Planning Commission and Staff Recommendation (January 30, 2013):
Approval of the change of zoning from the "ON" Office District to the
"RS -6" Single - Family 6 District.
Ordinance:
Ordinance amending the Unified Development Code ( "UDC') upon
application by Jose Luis Martinez and Frances Martinez ( "Owners "), by
changing the UDC Zoning Map in reference to Lot 17, Block G,
Jackson Woods Subdivision Unit 1, from the "ON" Office District to the
"RS -6" Single- Family 6 District; amending the Comprehensive Plan to
account for any deviations; and providing for a repealer clause and
publication.
Mayor Martinez referred to Item No. 24. Mark Van Vleck, Director of
Development services stated that the .purpose to rezone the property is to
allow for single- family houses. He stated that the Planning Commission and
Staff recommend approval of the zoning change from "ON" Office District to
"RS-6" Single Family 6 District. A motion was made by Council Member Magill,
seconded by Council Member McIntyre to open the public hearing and passed.
There were no comments from the public. A motion was made by Council
Member Scott, seconded by Council Member Magill to close the public hearing
and passed.
The foregoing ordinance was passed and approved on first reading with the
following vote:
Aye: 8- Council Member Allen, Council Member Loeb, Mayor Martinez, Council
Member Scott, Council Member Magill, Council Member McIntyre, Council
Member Riojas and Council Member Garza
Absent: 1 - Council Member Leal
Abstained. 0
25. Public Hearing and First Reading Ordinance - Amending the Unified
Development Code to allow City Staff to execute standard deferment
agreements to expedite recordation of plats and issuance of building
permits
Ordinance amending the Unified Development Code ( "UDC ") by
Corpus Christi Page 12 Printed on 3/8/2013
City Council Meeting Minutes - Final February 26, 2013
revising subsections 8.1.10. and 8.1.11. relating to the designation of
authority under Requirements for Plat Recordation Prior to Final
Acceptance of Infrastructure Improvements Based on Financial
Security and Technical Compliance; providing for severance, penalties,
and publication.
Mayor Martinez referred to Item No. 25. Mark Van Vleck, Director of
Development Services stated that this is a text amendment to the Unified
Development Code to allow for the designation of authority to the Assistant
City Managers to execute Standard Deferment Agreements. A motion was
made by Council Member Magill, seconded by Council Member Leal to open
the public hearing and passed. There were no comments from the public. A
motion was made by Council Member McIntyre, seconded by Council Member
Loeb to close the public hearing and passed.
The foregoing ordinance was passed and approved on first reading with the
following vote:
Aye: 9- Council Member Allen, Council Member Leal, Council Member Loeb,
Mayor Martinez, Council Member Scott, Council Member Magill, Council
Member McIntyre, Council Member Riojas and Council Member Garza
Abstained: 0
26. Public Hearing and First Reading Ordinance - Amending the Unified
Development Code (UDC) regarding public notices, special permits
and setbacks to improve the effectiveness of the UDC
.Ordinance amending the Unified Development Code by revising
subsections 3.1.7.C.1 and 3.1.7.C.4 - public notice requirements,
subsection 3.3.3.0 - City Council final action on rezonings, section 3.6
- special permits, subsection 3.18.4 - building permit expiration,
subsection 3.24.1 - applicability of administrative adjustments, table
4.4.3.A - setbacks in two- family and townhouse zoning districts, table
4.4.3.13 - setbacks in multifamily zoning districts, table 4.5.2 - permitted
uses in commercial zoning districts, table 5.1.4.1 - vehicle sales and
service uses, subsection 5.3.1.J - accessory uses and structures,
subsection 5.4.3_G - banners for temporary promotional events,
subsection 7.5.13.E - institutional signs, and subsection 7.5.20.D -
temporary and portable signs allowed in nonresidential districts; and
providing for severance, penalties, and publication.
Mayor Martinez referred to Item No. 26. Mark Van Vleck, Director of
Development Services stated the this is a text amendment to the Unified
Development Code to update the regulations of the Unified Development code
to improve the UDC's effectiveness in regards to public notices, special
permits and setbacks. A motion was made by Council Member Loeb, seconded
by Council Member Scott to open the public hearing and passed. There were
no comments from the public. A motion was made by Council Member Loeb,
seconded by Council Member McIntyre to close the public hearing and passed.
The foregoing ordinance was passed and approved on first reading with the
following vote:
Corpus Christi Page 13 Printed on =12013
City Council Meeting Minutes - Final February 26, 2013
Aye: 9- Council Member Allen, Council Member Leal, Council Member Loeb,
Mayor Martinez, Council Member Scott, Council Member Magill, Council
Member McIntyre, Council Member Riojas and Council Member Garza
Abstained: 0
27. First Reading Ordinance on proposed assessments for Vaky Street,
Ivy Lane, and Clare Drive; amending the Capital Improvement Budget
and awarding construction contract (1st Reading 2126113)
Public Hearing on proposed assessments for Vaky Street from
Swantner Drive to Reid Drive, Ivy Lane from Gollihar Road to Horne
Road, and Clare Drive from South Padre Island Drive to McArdle Road
(the "Project "); Ordinance finding and determining that the property
abutting said streets will be specifically and specially benefitted and
enhanced to an amount at least equal to the cost to each property
owner; levying and imposing assessments totaling $191,716.44
against property abutting the improvements for the Project; fixing
corresponding liens on property and charges against property owners;
adopting the attached Preliminary Assessment Roll; providing for
subsequent adjustment of assessment amounts and the
corresponding liens and charges based on as -built conditions;
specifying assessment payment terms and lien enforcement
measures; amending the FY 2013 Capital Improvement Budget
adopted by Ordinance No. 029565 to transfer $99,217.38 in unspent
Storm Water funds and $48,592 in unspent Water funds from the
Rodd Field/Yorktown Intersection at Airline Road project to the Project;
increasing expenditures in the amount of $147,809.38; and authorizing
the City Manager to execute a construction contract with Bay, Ltd. of
Corpus Christi, Texas in the amount of $2,381,270.55 for the Project
for the Base Bid and Additive Alternates 1 and 2. (Bond Issue 2008)
Mayor Martinez referred to Item Ho. 27. Dan Biles, Director of Engineering
Services stated that this item is a Public Hearing and First Reading Ordinance
on proposed assessments imposing assessments, fixing liens, payment terms
for Vaky Street, from Swantner to Reid Drive; Ivy Lane from Goliihar Road to
Horne Road; Clare Drive from SPID to McArdle Road, and authorizing a
construction contract. He added that this was a Bond 2008 project. A motion
was made by Council Member McIntyre, seconded by Council Member Scott to
open the public hearing and passed. There were no comments from the
audience. A motion was made by Council Member Garza, seconded by Council
Member Scott to close the public hearing and passed.
The foregoing ordinance was passed and approved on first reading with the
following vote:
Aye: 9 - Council MemberAllen, Council Member Leal, Council Member Loeb,
Mayor Martinez, Council Member Scott, Council Member Magill, Council
Member McIntyre, Council Member Riojas and Council Member Garza
Abstained: 0
Corpus Christi Page 14 Printed on 3/812013
City Council Meeting Minutes - Final February 26, 2013
28. Public Hearing and First Reading Ordinance - Amending the Unified
Development Code relating to street design standards
Ordinance amending Articles 1 and 8 of the Unified Development
Code relating to design standards, criteria, and requirements for street
design; requiring compliance with design standards issued by the City
Engineer; requiring street design for a 30 -year life level of service; and
providing for severance, penalties, and publication.
Mayor Martinez referred to Item No. 2$. Dan Biles, Director of Engineering
Services stated that this is a text amendment to the Unified Development Code
to add new requirements related to street standards, criteria, and requirements
for street design; requiring compliance with design standards isued by the City
Engineer; and requiring street design for a 30 -year life level of service. A
motion was made by Council Member Magill, seconded by Council Member
Scott to open the public hearing and passed. Council Members Loeb and
Garza asked questions regarding the design standards for concrete streets.
Mr. Brown, Peterson Development spoke in regards to the indemnified clause
in the deferment agreement. A motion was made by Council Member Magill,
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: 9 - Council MemberAllen, Council Member Leal, Council Member Loeb,
Mayor Martinez, Council Member Scott, Council Member Magill, Council
Member McIntyre, Council Member Riojas and Council Member Garza
Abstained: 0
M. FIRST READING ORDINANCES: (ITEMS 29 - 37)
29. First Reading Ordinance - Establishing a Street Maintenance Fee
Ordinance establishing a street maintenance fee to be implemented by
policies, rates, and methodologies established by separate ordinance.
Mayor Martinez referred to Item No. 29. Mr. Oscar Martinez, Assistant City
Manager stated that Item Nos. 29 and 30 are both related to the Street
Maintenance Fee. Mr. Martinez stated that the purpose is to raise funds in the
amount of $15 million for the Street Maintenance Program. He stated that the
fee is based on the following variables: the improvement square footage, the
land use and the associated trip factor, and the application of base rate to be
charged to every equivalent residential unit a flat fee of $7. He stated that it
also allows for a 10 year sunset, and provides for $1.2 million for
administrative cost to oversee the program.
Mr. Carlos Valdez, City Attorney spoke to the legality in collecting the Street
Maintenance Fee. He stated that the City of Corpus Christi is a Home Rule city
and that Article X of the City Charter gives the City the authority it needs to
maintain our city streeets. He stated that the intent is to collect a fee and that
the process required that the City first identify: 1) the amount necessary for
the purpose, and 2) once the fee is collected, it can only be used for street
maintenance. He added that this process has been followed.
Corpus Christi Page 16 Printed on 3/8/2013
City Council Meeting Minutes - Final February 26, 2013
Mr. Martinez stated that Item No. 29 is a First Reading Ordinance establishing a
street maintenance fee in order to protect the citizens from the detoriated
street system, and to provide for the public health and safety of the citizens.
He added that it establishes a schedule for street maintenance and sets out the
fee to be paid by each utility customer and owner for a benefitted property and
collection of the fee. He stated that Item No. 30 is establishing the rate based
on the cost of the ciy to maintain the street system; that the fee be paid
collectively and not to be used for any other purpose; and provides for the fee
to cease after 10 years from the date of its final passage.
Mayor Martinez referred to public comment. Wilson Wakefield stated that the
street maintenance fee is unfair; Joan Veith spoke against establishing the
maintenance fee and asked that they remember the senior citizens.
The foregoing ordinance was passed and approved on first reading with the
following vote:
Aye: 8 - Council MemberAll en, Council Member Loeb, Mayor Martinez, Council
Member Scott, Council Member Magill, Council Member McIntyre, Council
Member Riojas and Council Member Garza
Nay: 1 - Council Member Leal
Abstained: 0
30. First Reading Ordinance - Establishing policies, methodologies and
rate to be charged for implementing the Street Maintenance Fee
Ordinance establishing rates, policies and methologies to implement
Street Maintenance Fee.
Mayor Martinez referred to Item No. 30. Mr. Oscar Martinez, Assistant City
Manager stated that this item is establishing the rate and policy for
implementation, and added if this policy is not approved then the rate is not
implemented. He discussed the nine (9) findings in the ordinance; the trip
factors, street fee only account, residential property, non - residential property,
billing and collection of the fee, recovery of unpaid fee, street maintenance
fund, rules, disposition of fees and charges, exemptions, and the effective
period. In addition, Mr. Martinez added that the discount program will be
incorporated into the final ordinance and will include the exemption of federal
agencies.
Next, Mr. Martinez referred and discussed the contents of the Informal staff
Report Memorandum sent to Council on February 22, 2013 specifically the
three issues regarding the proposed rate design: 1) cap of building square
footage, 2) master metering of commercial residential class, and 3) equity in
commercial class. He stated that in reference to Item No. 1, lowering the cap to
20,000 square feet per meter, would result in 779 accounts being affected and
will increase the proposed base rate from $7.00 to $7.44, and lowering the cap
even further to 10,000 would affect 1,484 accounts and change the rate from
$7.00 to $8.56. Or, increasing the cap to 40,000 square feet would decrease the
rate from $7.00 to $6.66 and affect 398 accounts.
In reference to Item No. 2, Mr. Martinez stated that there are two options: a)
move all commercial residential accounts to the residential section and charge
Corpus Christi Page 18 Printed on 3/8/2013
City Council Meeting Minutes - Final February 26, 2013
each dwelling unit the flat fee as a family residence of $7.00, or b) move all
commercial residential accounts to the residential class and charge each
dwelling the flat fee times a trip factor of 0.48 ($3.36).
In reference to Item No. 3, Mr. Martinez stated there are two options available:
a) issue a contract to an outside entity to research and identify the land use
for each of the commercial properties and populate the City's data base. The
estimated cost is between $290,000 to $380,000 and would take approximately
90 days to complete, or b) provide for an appeal process where commercial
properties receiving the 4.60 trip factor could provide a Certificate of
Occupancy which would reflect the actual land use.
Mr. Ron Olson, City Manager stated that the process would result in good
policy and a plan to maintain roads. He stated that once the first reading
ordinance is approved, the first reading ordinance would be posted on the
Internet to allow for question and answer to occur so that citizens can digest
the information, and also for staff to discuss with different groups. Mr. Olson
stated that we have a twelve to fifteen year maintenance cycle for the use of
the fee and that there is a plan for the first 3 years, but because of degrading of
streets we do not have the next list of priority. He added that the City of
Corpus Christi is not the first city to approach road maintenance and that this
is a regulatory fee, not a tax or a user fee and asked for direction from the
council to move forward.
Council Members discussed various issues and ask questions regarding the
contract for an outside entity to research the land use, appeal and validation
process, the trip factor, certificate of occupancy process, cap, exemption of
charter schools, application costs related to certificate of occupancy, and data
in the city's system.
Mayor Martinez asked for comments from the public. Tony Norrell commented
on the exemptions, commercial office buildings, apartments, the trip factor,
and expressed concern for businesses; Wilson Wakefield stated that road
maintenance is the city's responsibility; Gloria Scott spoke about the
implementation of the street fee; Eloy Salazar stated he supports a street fee
but is concerned with the conditions that are set out and asked Council to
table to allow staff to address the concerns, and commented on the impact to
small businesses; Mike Staff, representing Apollo Towing supports the
regulatory fee and suggested that they take a closer look at the larger vehicles,
and as an educational information that a sample billing be sent to citizens
regarding the fee; Dave Resendez stated that the fee should be based on
weight; Stewart Strayer spoke against the fee, and stated that the RTA should
not be exempt; George Moore referred to the sales tax currently being
collected and suggested applying the taxes collected to streets; Jack Solivey
acknowledged that we need street repairs, suggested splitting the tax currently
given to the RTA; and Abel Alonzo spoke of the important service provided by
public transportation and stated that the RTA has over 6 million riders, of
which approximately 5,000 are disabled.
Mayor Martinez stated that through an RTA board vote, they have increased
their amount to $1.1 million. After discussion by the Council, Mr. Martinez
summarized the consensus of the council: update on legislation; maintain the
$7 rate for residential; consider revised legislation to ensure that RTA funding
go to streets; formalize in the ordinance the discounts for low income; provide
Corpus Christi Page 17 Printed on 3AW2013
City Council Meeting Minutes - Final February 26, 2013
clarity for the exemptions, raise the cap to 100,000 square feet; that
commercial residential is tied to a trip factor for commercial units; conduct a
survey to ascertain accurate land use and attach a trip factor; and develop a
validation process.
A motion was made by Council Member Magill, seconded by Council Member
Scott to table the item for three weeks and passed with the following vote:
Martinez, Allen, Garza, Leal, Loeb, McIntyre, Magill, Riojas, and Scoff, voting
. 'Aye' . .
31. First Reading Ordinance - Authorizing a loan and appropriating funds
from the General Fund to the Public Health and Safety Fund to build
out the second floor of the Public Safety Warehouse; amending the
Capital Improvement Budget
Ordinance advancing $1,000,000 in cash from the No. 1020 General
Fund and appropriating it in the No. 3350 Public Health & Safety Fund
as a loan to fund the Police Public Safety Warehouse Project No.
140252; loan to be repaid from the No. 1061 Law Enforcement Trust
Fund in the amount of $250,000 per year for four years at a simple
interest rate of 4% annually; and amending the FY2012 -2013 Capital
Improvement Budget adopted by Ordinance No. 029565 to increase
expenditures by $1,000,000.
The foregoing ordinance was passed and approved on first reading with the
following vote:
Aye: 8- Council Member Allen, Council Member Leal, Council Member Loeb,
Mayor Martinez, Council Member Scott, Council Member Magill, Council
Member McIntyre and Council Member Garza
Absent: 1 - Council Member Riojas
Abstained: 0
32. First Reading Ordinance - Amending easement rights to allow San
Patricio Municipal Water District to install an additional potable
waterline across City owned land in San Patricio County (1st Reading
2126]13)
Ordinance authorizing. the City Manager or designee to execute an
instrument which amends the original Waterline Right -of -Way
Easement granted to Reynolds Metals Company, whose easement is
now owned and operated by the San Patricio Municipal Water District
(SPMWD), for the purpose of permitting SPMWD to install an
additional potable waterline, not to exceed 12- inches in diameter, in
the original easement and to permit realignment and centering of their
original easement with the centerline of their existing 24 -inch diameter
waterline, all within the City's 8.646 acre tract located approximately 3
miles southwest of Odem, Texas.
The foregoing ordinance was passed and approved on first reading with the
Corpus Christi Page 18 Printed on 3MI2013
City Council Meeting Minutes - Final February 26, 2013
following vote:
Aye: 8 - Council MemberAlien, Council Member Leal, Council Member Loeb,
Mayor Martinez, Council Member Scott, Council Member Magill, Council
Member McIntyre and Council Member Garza
Absent: 1 - Council Member Riojas
Abstained: 0
33. First Reading Ordinance - Amending the Capital Improvement Budget;
amending a professional services agreement to extend the East
General Aviation Apron
Ordinance amending the FY 2013 Capital Improvement Budget
adopted by Ordinance No. 029565 to accelerate Project No. E12156B
Construct East General Aviation Apron from Fiscal Year 2015 to 2013;
increasing expenditures in the amount of $250,000.00; and authorizing
the City Manager or designee to execute Amendment No. 14 to a
Professional Services Agreement with KSA Engineers, Inc. of
Longview, Texas, in the amount of $140,000.00 for the Design of the
East General Aviation Apron Extension.
The foregoing ordinance was passed and approved on first reading with the
following vote:
Aye: 9- Council Member Allen, Council Member Leal, Council Member Loeb,
Mayor Martinez, Council Member Scott, Council Member Magill, Council
Member McIntyre, Council Member Riojas and Council Member Garza
Abstained: 0
34. First Reading Ordinance - Approving reimbursement agreement and
appropriation for a water distribution main line for a proposed
warehouse development.
Ordinance authorizing execution of a distribution main extension
construction and reimbursement agreement ( "agreement ") with 15T
Investments, LLC ( "Developer "), for the construction of a distribution
waterline and appropriating $26,290.60 from the No_ 4030 Water
Distribution Main Trust Fund to reimburse the Developer in accordance
with the agreement
The foregoing ordinance was passed and approved on first reading with the
following vote:
Aye: 9- Council Member Allen, Council Member Leal, Council Member Loeb,
Mayor Martinez, Council Member Scott, Council Member Magill, Council
Member McIntyre, Council Member Riojas and Council Member Garza.
Abstained: 0
35. First Reading Ordinance - Amending the Code of Ordinances to
establish the process for managing the Intemational Energy
Corpus Christi Page 19 Printed on 3/8/2013
City Council Meeting Minutes - Final February 26, 2013
Conservation Code pertaining to inspection agencies, submission
methods and submission time frames
Ordinance amending the Code of Ordinances, Chapter 14,
"DEVELOPMENT SERVICES," Article II, "City of Corpus Christi
Technical Construction Codes," Division 4, "ENERGY
CONSERVATION CODE," Section 14 -251, "Energy conservation
code," by adding provisions for approved inspection agencies, a
submission method, and a submission time frame for test results; .
providing for severance, penalties, publication, and an effective date.
The foregoing ordinance was passed and approved on first reading with the
following vote:
Aye: 9 - Council MemberAllen Council Member Leal, Council Member Loeb,
Mayor Martinez, Council Member Scott, Council Member Magill, Council
Member McIntyre, Council Member Riojas and Council Member Garza
Abstained: 0
36. First Reading Ordinance - Amending the operating budget to rebate
excess funds contributed for General Liability and Workers'
Compensation; appropriating funds for construction of a safe shelter
during emergencies
Ordinance amending the Fiscal Year 2012 -2013 Operating Budget
adopted by Ordinance No. 029577 by adjusting expenditures and
revenues in the General Fund and various Enterprise, Internal Service
and Special Revenue Funds, by increasing expenditures by
$6,600,000 and increasing revenues by $6,600,000 to rebate excess
funds contributed for General Liability and Workers' Compensation;
and, appropriating $600,000 of the unreserved fund balance in the
General Fund as part of the Texas Safe Shelter Initiative, for the
construction of a domed structure to be used by the City of Corpus
Christi, Texas as a community safe room for protection from
emergencies.
The foregoing ordinance was passed and approved on first reading with the
following vote:
Aye: 9 - Council Member Allen, Council Member Leal, Council Member Loeb,
Mayor Martinez, Council Member Scott, Council Member Magill, Council
Member McIntyre, Council Member Riojas and Council Member Garza
Abstained: 0
37. First Reading Ordinance - Appropriating State cable franchise funds
for capital equipment related to Public, Education and Government
Access Channels
Ordinance appropriating $142,645.50 from the State Cable Franchises
issued by the Public Utility Commission of Texas in the No. 1031
Corpus Christi Page 20 Printed on 3/812013
City Council Meeting Minutes - Final February 26, 201
Public, Education and Government Cable Fund for capital
expenditures related to the Public, Education and Government Access
Channels; changing the FY 2012 -2013 Operating Budget adopted by
Ordinance No. 029577 to increase appropriations by $142,645.50.
The foregoing ordinance was passed and approved on first reading with the
following vote:
Aye: 9 - Council MemberAllen, Council Member Leal, Council Member Loeb,
Mayor Martinez, Council Member Scott, Council Member Magill, Council
Member McIntyre, Council Member Riojas and Council Member Garza
Abstained: 0
N. REGULAR AGENDA: t38 - 411
38. Second Reading Ordinance - Amending City code to establish Tree
Advisory Committee and list minimum standards for tree planting and
management on public property (1 st Reading 2112113)
Ordinance amending the City Code of Ordinances to establish the
Tree Advisory Committee and include provision to address diseased
trees.
The foregoing ordinance was passed and approved on second reading with the
following vote:
Aye. 9 - Council MemberAllen, Council Member Leal, Council Member Loeb,
Mayor Martinez, Council Member Scott, Council Member Magill, Council
Member McIntyre, Council Member Riojas and Council Member Garza
Abstained: 0
Enactment No: 029756
39. Resolutions supporting local affordable housing developments;
acknowledging their applications for low income housing tax credits to
State and local support for HOME funds (Related Items 39 - 41)
Resolution of the City Council of the City of Corpus Christi, Texas in
support of the proposed affordable housing project known as
Woodland CreekApartments to be developed by TG 110, Inc.
The foregoing resolution was passed and approved with the following vote:
Aye: 9- Council Member Allen, Council Member Leal, Council Member Loeb,
Mayor Martinez, Council Member Scott, Council Member Magill, Council
Member McIntyre, Council Member Riojas and Council Member Garza
Abstained: 0
Enactment No: 029757
40. Resolution of the City Council of the City of Corpus Christi, Texas in
support of the proposed affordable housing project known as
Corpus Christi Page 21 Printed on 3AM013
City Council
Meeting Minutes - Final February 26, 2013
Lexington Manor Apartments to be developed by TG 110, Inc.
The foregoing resolution was passed and approved with the following vote:
Aye: 9 - Council MemberAllen, Council Member Leal, Council Member Loeb,
Mayor Martinez, Council Member Scott, Council Member Magill, Council
Member McIntyre, Council Member Riojas and Council Member Garza
Abstained: 0
Enactment No: 029758
41. Resolution of the City Council of the City of Corpus Christi, Texas in
support of the proposed affordable housing project known as
Riverstone Apartments to be developed by MDS Housing Corpus
Christi, Ltd.
The foregoing resolution failed with the following vote: .
Aye: 1 - Council Member Loeb
Nay: 8 - Council MemberAllen, Council Member Leal, Mayor Martinez, Council
Member Scott, Council Member Magill, Council Member McIntyre, Council
Member Riojas and Council Member Garza
Abstained: 0
O. FUTURE AGENDA ITEMS: -ITEMS 42 - 52
42. Supply agreements for water treatment chemicals used for treatment
of potable drinking water at the O. N. Stevens Water Treatment Plant
Motion approving supply agreements with the following companies, for
the following amounts for water treatment chemicals in accordance
with Bid Invitation No. BI- 0050 -13, based on lowest responsible bid for
an estimated annual expenditure of $522,502.00 of which $261,251.00
is budgeted for the remainder of FY 2012 -2013. The terms of the
contract will be for one year with options to extend for up to three
additional twelve month periods, subject to the approval of the supplier
and the City Manager or designee. Funds have been budgeted by the
Water Department in FY 2012 -2013.
Mosaic Crop Nutrition Polydyne Inc.
Lithia, FL Riceboro, GA
Hydrofluorosilicic Acid Liquid Cationic Polymer
$140,182.00 $382,320.00
Grand Total: $522,502.00
This Motion was recommended by Staff to the Consent Agenda.
43. Service Agreement for wrecker services for City owned vehicles
Corpus Christi Page 22 Printed on mwo 13
City Council
Meeting Minutes - Final February 26, 2013
Motion approving a service agreement with Apollo Towing, of Corpus
Christi, Texas for wrecker service for City owned vehicles in
accordance with Bid Invitation No. BI- 0060 -13 based on only bid for an
estimated twelve month expenditure of $93,852.50 of which
$39,105.21 is required for the remainder of FY 2012 -2013. The term of
the agreement will 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 his designee. Funds have been
budgeted by Maintenance Services and the Fire Department in FY
2012-2013.
This Motion was recommended by Staff to the Consent Agenda.
44. Amending financial policies and providing financial policy direction on
preparation of the annual budgets
Resolution amending financial policies adopted by resolution 029521
and providing financial policy direction on preparation of the annual
budgets
This Resolution was recommended by Staff to the Regular Agenda.
45. Adopting the Corpus Christi Bayfront Master Implementation Plan and
Schematic Design; adding a bond proposition for construction in
November 5, 2013 election; approving professional services contract
amendment and testing agreement for Destination Bayfront project
(BOND 2008)
Resolution approving and adopting the Corpus Christi Destination
Bayfront Master Implementation Plan and Schematic Design, including
the phasing plan outlined in the Schematic Design, prepared by
Hargreaves Associates (the Project); directing staff to add a bond
proposition for construction in the November 5, 2013 Election;
authorizing the City Manager or designee to execute a contract
amendment for $1,936,300.00 with Hargreaves Associates for design
development of the Project; and authorizing the City Manager or
designee to execute a contract amendment for $102,500.00 with Rock
Engineering &Testing Laboratory for testing for the Project. (BOND
2008)
This Motion was recommended by Staff to the Consent Agenda.
46. Construction contract for a waterline adjustment under the east bound
On -Ramp at Carbon Plant Road and IH 37
Motion authorizing the City Manager, or designee, to execute a
construction contract with Clark Pipeline Services, LLC of Taft, Texas
in the amount of $79,575.45 for the Base Bid of Bore and Case a
16 -Inch WaterAdjustment under the east bound On -Ramp for IH 37 at
Corpus Christi Page 23 Printed on 3/812013
City Council Meeting Minutes - Final February 26, 2013
Carbon Plant Road and IH 37.
This Motion was recommended by Staff to the Consent Agenda.
47. Amending consulting agreement to capture department and
stakeholders input for future revised City Standard Specifications used
in City construction contracts
Motion authorizing the City Manager, or designee, to execute
Amendment No. 1 to a Small Architect /Engineer Consultant Agreement
with Naismith Engineering Inc., of Corpus Christi, Texas in the amount
of $92,740.00 for a re- stated fee not to exceed $142,390.00 for the
City Standard Specifications Review.
This Motion was recommended by Staff to the Consent Agenda.
48. Construction agreement for lighting improvements along Aquarius
Street to include medians and Commodores Drive median
Motion approving a Contribution -In- Aid -Of- Construction Agreement
with American Electric Power (AEP) in the amount of $ 89,974.42, for
the installation of Aquarius Street Lighting Improvements.
This Motion was recommended by Staff to the Consent Agenda.
49. Professional services contract amendment no. 1 for 2 new pumps for
the Staples Street Water Pumping Plant
Motion authorizing the City Manager, or designee, to execute
Amendment No. 1 to the Contract for Professional Services with Urban
Engineering of Corpus Christi, Texas in the amount of $129,070.00, for
a total restated fee not to exceed $216,470.00 for Staples Street
Pumping Plant New 10 MGD Pumps.
This Motion was recommended by Staff to the Consent Agenda.
50. Professional services contracts for wastewater collection system
infrastructure repairlreplacement in six wastewater plant service basins
Motion authorizing the City Manager or designee to execute contracts
for the City -Wide Collection System Replacement and Rehabilitation
Indefinite Delivery/indefinite Quantity (IDIQ) Program ( "Program" or
"Project "): a construction contract with National Power Rodding Corp.
of Chicago, Illinois in the amount of $5,500,000.00; a contract for
professional services with LNV, Inc_ of Corpus Christi - in the amount of
$162,950.00; a contract for professional services with Coym, Rehmet
& Gutierrez, Engineering, L.P. of Corpus Christi in the amount of
$120,880.00; and a contract for professional services with Urban
Engineering of Corpus Christi in the amount of $120,880.00.
This Motion was recommended by Staff to the Consent Agenda.
Corpus Christi . Page 24 Printed on 3/812013
City Council Meeting Minutes - Final February 26, 2013
51. Wastewater Line Construction and Reimbursement Agreement for
property located at the south side of State Highway 44, east of
Heinsohn Road and west of North Padre Island Drive
Motion approving the Sanitary Sewer Collection Line Construction and
Reimbursement Agreement submitted by 15T Investments LLC
( "Developer /Owner "), in the amount of $63,794.00 for property located
at the south side of State Highway 44; east of Heinsohn Road and
west of North Padre Island Drive (SH 358), including all related
appurtenances.
This Motion was recommended by Staff to the Consent Agenda.
52. Agreement for airport parking facilities management
Motion authorizing the City Manager, or designee, to enter into a
parking Facilities Management Agreement with Republic Parking
System, Inc. ("Republic") to manage, operate, maintain, and collect
revenues for the City of Corpus Christi ( "City ") from parking facilities
located at the Corpus Christi International Airport, in consideration of a
management fee of $9,583 per month to be paid to Republic by the
City, for a term of five (5) years.
This Motion was recommended by Staff to the Consent Agenda.
P. CITY MANAGER'S COMMENTS:
* Update on City Operations
City Manager Olson thanked Oscar Martinez, Assistant City Manager and his
Team for their work and expertise on the street maintenance fee.
Q. ADJOURNMENT
There being no further business to come before the Council, Mayor Martinez
declared the meeting adjourned at 7:45 pm.
Corpus Christi Page 25 Printed on 3!8/2013