HomeMy WebLinkAboutMinutes City Council - 10/13/2009MINUTES
CITY OF CORPUS CHRISTI, TEXAS
Regular Council Meeting
October 13, 2009 - 12:00 p.m.
PRESENT
Mayor Joe Adame
Mayor Pro Tem John Marez
Council Members:
Chris N. Adler
Brent Chesney
Larry Elizondo, Sr.
Kevin Kieschnick
Priscilla Leal
Nelda Martinez
Mark Scott
City Staff:
City Manager Angel R. Escobar
Interim City Attorney Lisa Aguilar
City Secretary Armando Chapa
Mayor Adame called the meeting to order in the Council Chambers of City Hall.
The invocation was delivered by Rabbi Kenneth D. Roseman, Congregation Beth
Israel and the Pledge of Allegiance to the United States flag was led by Council Member
Mark Scott.
City Secretary Chapa called the roll and verified that the necessary quorum of the
Council and the required charter officers were present to conduct the meeting.
Mayor Adame called for approval of the minutes of the regular Council meeting of
September 29, 2009. A motion was made and passed to approve the minutes as
presented.
***********
Mayor Adame announced the executive sessions, which were listed on the agenda
as follows. Mayor Adame also announced thatthe and Council Member Chesney would
not be attending or participating in the discussions related to Item No. 2:
2. Executive session under Section 551.071, 551.072 and Section 551.087 of the
Texas Government Code for deliberations regarding the lease of real property and
for deliberations regarding the offer of a financial or other incentive to a business
prospect relating to Memorial Coliseum with possible discussion and action related
in open session.
3. Executive session under Texas Government Code Section 551.071 regarding David
Torres vs. City of Corpus Christi; Cause No. 09-61260-4; in the County Court at Law
Number Four, Nueces County, Texas with possible discussion and action in open
session.
3.1. Executive session under Texas Government Code Section 551.072 to deliberate the
purchase of real property, since the deliberation in an open meeting could have a
Minutes — Regular Council Meeting
October 13, 2009 — Page 2
detrimental effect on the position of the governmental body in negotiations with a
third person.
The Council went into executive session. The Council returned from executive
session. No action was taken.
************
Mayor Adame referred to the presentations on the day's agenda. The first
presentation was Item No. 28, annual update by the Port of Corpus Christi Authority. Mr.
Frank Brogan, Deputy Director, Port of Corpus Christi provided an overview of major port
projects and initiatives including the Inner Harbor Cargo Facility Expansion (Northside
Terminal/Cargo Dock 9 and 10) which includes the paving of additional storage areas;
Wind Turbine Shipments, Joe Fulton International Trade Corridor — Phase II includes
rebuilding the remaining part of Navigation from the old Lift Bridge to the Grain Elevator;
Strategic Military Port; Las Brisas Power Plant as the anchor customer to allow for
renovation and expansion of the Bulk Terminal; extension of La Quinta Channel to serve
the container terminal and multi-purpose terminal; and Panama Canal Expansion to be
completed in 2014.
John LaRue, Executive Director, Port of Corpus Christi spoke about two major
projects of major significance to the port and the region: La Quinta Trade Gateway and
Naval Station Ingleside. He stated that the Port secured an agreement with Zachary
American Infrastructure for the development of the terminal. He stated that the La Quinta
site is approximately 1,100 acres, owned by the Port and was purchased in the 1990's. Mr.
LaRue mentioned that Tianjin Pipe Corporation is a $1 billion dollar investment and is the
fourth largest oil and gas pipe manufacture in the world. He stated that Naval Station
Ingleside will revert to the Port in April 2010.
Council members asked questions regarding the customers from La Quinta and the
projects costs; mixed use; percentage of container traffic; increased tariffs on existing
industry; addition of the port of corpus christi navy fleet; coast guard safety; operation and
maintenance costs for the security boats; concessions with industry regarding security
issues; amount of revenue generated from Wind Energy, TPCOA and La Quinta; increased
traffic and widening of the port; status of Tianjin Pipe project; total number of fleet; and the
business plan or justification and security model for the security improvements
Council Member Scott asked for the business plan for the security modeling,
estimated increase in tariffs, and if available, the business model for the expansion of La
Quinta.
Mayor Adame referred to the second presentation Item No. 29, a quarterly report by
the Commission on Children and Youth. Dr. Mary Jane Garza, Chairperson recognized the
members of the commission. During her report, she stated that the two major projects of
the commission are the Community Connections Event and the Data Base Project (GIS
Model). She added that the commission participated in the "Drop Out Summit", and is
looking at legislative action regarding bars near public schools.
Minutes — Regular Council Meeting
October 13, 2009 — Page 3
Council Member Martinez thanked Dr. Garza for her leadership, the committee and
staff.
Mayor Adame referred to the third presentation Item No. 30, regarding the Logo
Selection and Mascot for the Community Pride Campaign. Mr. Escobar recognized Ms.
Angela Rowe, as the Interim Pride Program Coordinator. Mr. Rudy Garza, Director of
Government Affairs provided an update from the Community Pride Committee on the
selection of their Logo which depicts a citizen through a piece of trash. Mr. Garza
announced that committee chose "Corpus Gus" as their Mascot to reach out to children
which is the rendering of local artist, Ellen Fehrenkamp.
Evonne Gottsch, Chair of the Marketing Committee announced that the Committee
will begin marketing through flyers, billboards, PSAs for the event scheduled for November
14, 2009. She added that the logo will be utilized in the promotion of community -wide
clean up events and will be placed on recycling containers.
Mayor Adame announced that Item No. 31, a presentation by the Refinery &
Petrochemical Industry was being postponed.
* * * * * * * * * *
Mayor Adame then opened discussion on Item No. 25, a resolution approving a
business incentive agreement between the Corpus Christi Business and Job Development
Corporation and Texas A&M University — Corpus Christi for development of the Coastal
Bend Business Innovation Center, a business incubator. Ms. Irma Caballero stated that
this is for a business incubator, which grants $1,500,000 for the costs of rehabilitating
existing improvements and constructing the business incubator at 800 Ayers, including the
purchase of fixtures, furnishings, equipment, and personnel and personal property.
Ms. Caballero stated that they are seeking additional funding from the Department
of Commerce's Economic Development Administration. The Texas Legislature has
provided $1,000,000 and $567,000 has been provided by Mr. Dusty Durrill for the building
and land. Texas A&M University will provide for start up costs and the Chamber of
Commerce will provide the center with rent free in the interim.
Dr. Trent Hill stated that the Texas Legislature appropriated funds to create the
business innovation center and that they will be applying for an EDA grant for matching
funds. Once they have received approval of the EDA grant, there is a nine month period
for the renovations.
Mr. Rick Bell explained that the State mandate is that they have 10 clients by
September 1, 2010 and 25 clients the year after that. Currently, they have 8 clients, 7
resident clients and 1 affiliate client. They are in the process of finalizing some lease
issues and hope to move in clients next week.
Ms. Caballero commented on their performance requirements. She added that the
corporation will not reimburse any eligible expenditures until the University has obtained all
funds needed to complete the rehabilitation of the facility.
Minutes — Regular Council Meeting
October 13, 2009 — Page 4
In response to a question from Council Member Marez, Dr. Hill stated that the
incubator program takes clients who have new and innovative business ideas or services
that do not already exists in the area and have a potential for job growth.
Mayor Adame called for public comment. Abel Alonzo thanked the economic
development department and expressed his support for this project because of the job
creation. City Secretary Chapa polled the Council for their votes as follows:
25. RESOLUTION NO. 028347
Resolution approving a Business Incentive Agreement between the Corpus Christi
Business and Job Development Corporation and Texas A&M University — Corpus
Christi for development of the Coastal Bend Business Innovation Center, a
Business Incubator, which grants $1,500,000 for the costs of rehabilitating the
existing improvements and constructing the business incubator at 800 Ayers,
including the purchase of fixtures, furnishings, equipment, and personal property;
and authorizing the City Manager or designee to execute a Project Support
Agreement with the Corpus Christi Business and Job Development Corporation
regarding implementation and administration of the Texas A&M University — Corpus
Christi Business Incentive Agreement.
The foregoing resolution was passed and approved with the following vote: Adame,
Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting
"Aye".
**********
Mayor Adame called for consideration of the consent agenda on Items 5 — 20, and
Council Members requested that Items 19 and 20 be pulled for individual consideration.
City Secretary Chapa polled the Council for their votes as follows:
5. MOTION NO. 2009-283
Motion approving the purchase of 5,300 feet of 8 -inch wrapped steel pipe in
accordance with Bid Invitation No. BI -0027-10 from Texas Pipe and Supply, of
Corpus Christi, Texas based on low bid meeting specifications for a total of
$72,504. The pipe will be used by the Gas Department and purchase with Capital
Improvement Program (CIP) Funds.
The foregoing motion was passed and approved with the following vote: Adame,
Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting
"Aye".
Minutes — Regular Council Meeting
October 13, 2009 — Page 5
6. MOTION NO. 2009-284
Motion approving a supply agreement with A. Y. McDonald Manufacturing Co., of
Dubuque, Iowa for approximately 6,625 gas meter valves ranging in size from 1 -inch
to 11/2 -inch in accordance with Bid Invitation No. BI -0232-09 based on low bid for an
estimated annual expenditure of $123,338.25 of which $92,503.68 is budgeted in
FY 2009-2010. The term of the supply 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 the Gas Department in FY 2009-2010.
The foregoing motion was passed and approved with the following vote: Adame,
Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting
"Aye:.
7 MOTION NO. 2009-285
Motion approving a supply agreement for 540 tons of liquid chlorine and 2,930 tons
of liquid caustic soda with DPC Industries, Inc., of Corpus Christi, Texas for water
chemicals in accordance with Bid Invitation No. BI -0003-10, based on low bid for an
estimated six-month expenditure of $531,637.50. The term of the contracts will be
for six months with options to extend for up to nine additional six-month periods
subject to the approval of the suppliers and the City Manager or his designee.
Funds have been budgeted by the Water Department in FY 2009-2010.
The foregoing motion was passed and approved with the following vote: Adame,
Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting
"Aye".
8.a. RESOLUTION NO. 028330
Resolution authorizing the City Manager or his designee to accept a grant in the
amount of $42,536 and to execute a contract and all related documents with the
Federal Emergency Management Agency (FEMA) and Department of Homeland
Security (DHS), FY 2008 Assistance to Firefighters Grant Program — Fire Prevention
and Safety Grants with a cash match of $10,634 for a total of $53,170 to purchase
fire prevention educational supplies and equipment.
The foregoing resolution was passed and approved with the following vote: Adame,
Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting
"Aye".
8.b. ORDINANCE NO. 028331
Ordinance appropriating $42,536 from the Federal Emergency Management
Agency (FEMA) and Department of Homeland Security (DHS), FY 2008 Assistance
Minutes — Regular Council Meeting
October 13, 2009 — Page 6
to Firefighters Grant Program — Fire Prevention and Safety Grants, into the No.
1060 Fire Grants Fund with a cash match of $10,634 for a total of $53,170 to
purchase fire prevention educational supplies and equipment.
An emergency was declared and the foregoing ordinance was passed and
approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick,
Leal, Marez, Martinez, and Scott, voting "Aye".
9.a. MOTION NO. 2009-286
Motion authorizing the City Manager or his designee to accept a grant in the amount
of $256,634 from the U. S. Department of Justice, Bureau of Justice Assistance, for
funding eligible under the FY 2009 Edward Byrne Memorial Justice Assistance
Grant, 50% of the funds to be distributed to Nueces County under an established
Interlocal Agreement and to execute all related documents.
The foregoing motion was passed and approved with the following vote: Adame,
Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting
"Aye".
9.b. ORDINANCE NO. 028332
Ordinance appropriating $256,634 from the U. S. Department of Justice, Bureau of
Justice Assistance in the No. 1061 Police Grant Fund to purchase law enforcement
equipment for the Police Department and Nueces County.
An emergency was declared and the foregoing ordinance was passed and
approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick,
Leal, Marez, Martinez, and Scott, voting "Aye".
10.a. MOTION NO. 2009-287
Motion authorizing the City Manager or his designee to accept a grant in the amount
of $100,964.38 from the State of Texas, Criminal Justice Division to continue the
Violence Against Women Act (VAWA) grant within the Police Department for Year
10 with a city cash match of $42,088.74, in-kind match of $16,800 for a total project
cost of $159,853.12 and to execute all related documents.
The foregoing motion was passed and approved with the following vote: Adame,
Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting
"Aye".
10.b. ORDINANCE NO. 028333
Ordinance appropriating $100,964.38 from the State of Texas, Criminal Justice
Division in the No. 1061 Police Grants Fund for funding available under the Violence
Against Women Act (VAWA) Fund, transferring $42,088.74 from the No. 1020 Cash
Minutes — Regular Council Meeting
October 13, 2009 — Page 7
contribution to grants and appropriating it in the No. 1061 Police Grants Fund as
grant matching funds.
An emergency was declared and the foregoing ordinance was passed and
approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick,
Leal, Marez, Martinez, and Scott, voting "Aye".
11. MOTION NO. 2009-288
Motion authorizing the City Manager or his designee to execute an extended
Maintenance Agreement with Positron Public Safety Systems Inc. in the amount of
$269,457.23 for hardware and software support services on the Emergency 911
System. The term of the contract is five years.
The foregoing motion was passed and approved with the following vote: Adame,
Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting
"Aye".
12.a. RESOLUTION NO. 028334
Resolution authorizing the City Manager or his designee to accept a grant of
$41,667 from the Texas Department of State Health Services for personnel costs
and other expenses to fund a hospital preparedness program relating to a plan for
responding to an act of terrorism and to execute all related documents; and ratifying
acceptance of the grant agreement to begin August 1, 2009.
The foregoing resolution was passed and approved with the following vote: Adame,
Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting
"Aye".
12.b. ORDINANCE NO. 028335
Ordinance appropriating a grant of $41,667 from the Texas Department of State
Health Services in the No. 1066 Health Grants Fund to fund a hospital
preparedness program relating to a plan for responding to an act of terrorism.
An emergency was declared and the foregoing ordinance was passed and
approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick,
Leal, Marez, Martinez, and Scott, voting "Aye".
13.a. RESOLUTION NO. 028336
Resolution authorizing the City Manager or his designee to accept a grant of
$180,351 from the Texas Department of State Health Services for personnel costs,
equipment, and other expenses to fund a public health preparedness program
relating to a plan for responding to an act of terrorism and to execute all related
documents; and ratifying acceptance of the grant agreement to begin August 1,
2009.
Minutes — Regular Council Meeting
October 13, 2009 — Page 8
The foregoing resolution was passed and approved with the following vote: Adame,
Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting
"Aye".
13.b. ORDINANCE NO. 028337
Ordinance appropriating a grant of $180,351 from the Texas Department of State
Health Services in the No. 1066 Health Grants Fund to fund a public health
preparedness program relating to a plan for responding to an act of terrorism.
An emergency was declared and the foregoing ordinance was passed and
approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick,
Leal, Marez, Martinez, and Scott, voting "Aye".
14.a. RESOLUTION NO. 028338
Resolution authorizing the City Manager or his designee to accept a grant of
$35,000 from the Coastal Bend Council of Governments (CBCOG) and to execute
an Interlocal Agreement to provide recycling and anti -litter education.
The foregoing resolution was passed and approved with the following vote: Adame,
Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting
"Aye".
14.b. ORDINANCE NO. 028339
Ordinance appropriating a grant of $35,000 from the Coastal Bend Council of
Governments, in the No. 1051 Solid Waste Grants Fund to provide recycling and
anti -litter education.
An emergency was declared and the foregoing ordinance was passed and
approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick,
Leal, Marez, Martinez, and Scott, voting "Aye".
15. RESOLUTION NO. 028340
Resolution authorizing the City Manager or his designee to submit a grant
application in the amount of $400,000 with a minimum 20% in-kind match to the
State Energy Conservation Office for a Compressed Natural Gas (CNG) alternative
fuel technology assistance grant and to execute all related documents.
The foregoing resolution was passed and approved with the following vote: Adame,
Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting
"Aye".
Minutes — Regular Council Meeting
October 13, 2009 — Page 9
16. ORDINANCE NO. 028341
Ordinance authorizing the City Manager or his designee to execute a five year Fiber
Optic Use Agreement between City of Corpus Christi and Telwest Network
Services, Inc. for use of a single pair of fiber optic cable connections.
An emergency was declared and the foregoing ordinance was passed and
approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick,
Leal, Marez, Martinez, and Scott, voting "Aye".
17. RESOLUTION NO. 028342
Resolution approving and authorizing execution of an Investment Agreement for
participation in the Lone Star Investment Pool, designating the Pool as an Agency
and Instrumentality, approving investment policies of the Pool, appointing
authorized representatives, and designating investment officers.
The foregoing resolution was passed and approved with the following vote: Adame,
Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting
"Aye".
18. ORDINANCE NO. 028343
Ordinance abandoning and vacating a 4,670.17 square foot portion of a 15 -foot
wide utility easement out of Wooldridge Creek Unit 8, Block 1, Lot 1B, located south
of the Holly Road public right-of-way, and east of and adjacent to the Nodding Pines
Drive public right-of-way; requiring the owner, Holly Airline 200, Ltd., to comply with
the specified conditions.
An emergency was declared and the foregoing ordinance was passed and
approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick,
Leal, Marez, Martinez, and Scott, voting "Aye".
Mayor Adame opened discussion on Item No. 19, regarding a contract with Jacobs
Engineering Group for the Corpus Christi International Airport Terminal Rehabilitation
Conceptual Phase Services. In response to Council Member Scott, Mr. Pete Anaya,
Director of Engineering Services stated that Jacobs Engineering Group has specialized
airport related experience, and that LNV Engineering will assist with civil and construction
observation In response to Council Member Leal, Mr. Escobar stated that engineering
contracts state a 75% local participation; however, on TxDOT or FAA contracts those
requirements do not apply because it is not allowed by federal government. He added that
all CIP or bond projects also state 75% local participation unless a waiver is requested.
Council Member Marez asked if engineering firms that are awarded city contracts
are required to have national accreditation standards, and Mr. Anaya stated that they are in
the process of reviewing this issue. City Secretary Chapa polled the Council fortheirvotes
as follows:
Minutes — Regular Council Meeting
October 13, 2009 — Page 10
19. MOTION NO. 2009-289
Motion authorizing the City Manager or his designee to execute a professional
engineering services contract with Jacobs Engineering Group, Inc. of Ft. Worth,
Texas in an amount not to exceed $75,400 for the Corpus Christi International
Airport Terminal Rehabilitation Conceptual Phase Services, Task 2 Airfield
Perimeter Road Rehabilitation, and Task 3 Airfield Terminal Apron Rehabilitation
Projects with Task Orders 2 and 3 subject to (1) FAA funding; (2) City Council
acceptance and ordinance appropriating the funds and (3) Motion to authorize the
City Manager or his designee to execute an amendment to the Agreement to
authorize the fees for Task Orders 2 & 3.
The foregoing motion was passed and approved with the following vote: Adame,
Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting
"Aye".
Mayor Adame opened discussion on Item No. 20 regarding an amendment to the
Corpus Christi Business and Job Development Corporation's agreement for business
incentives to Turner Industries Group. Irma Caballero, Director of Economic Development
stated that on December 11, 2007, the council approved the performance based
agreement granting $1,850,000 in business incentives to Turner Industries for the capital
investment of $10,000,000 and the creation of 185 jobs for a five year term. She stated
that on September 21, 2009 the city received a letter from Turner Industries requesting a
time extension to their performance requirements due to a one-year delay. She added that
Turner Industries has spent $6,000,000 to date on the project, it does not include final
construction of the shop, landscaping costs, or the construction of the administrative
offices.
She added that the contract is not being extended. They are taking the first year's
performance requirements because of the delays, and they are compressing the
performance requirements into the remaining four years.
Mayor Adame called for public comment. Abel Alonzo express his support for this
project; Dennis Berry expressed his opposition to this project. City Secretary Chapa polled
the Council for their votes as follows:
20. RESOLUTION NO. 028344
Resolution approving the first amendment to Corpus Christi Business and Job
Development Corporation's agreement to grant business incentives to Turner
Industries Group, LLC, for the creation of jobs.
The foregoing resolution was passed and approved with the following vote: Adame,
Adler, Chesney, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye";
Elizondo, "Absent".
* * * * * * * * * *
Minutes — Regular Council Meeting
October 13, 2009 — Page 11
Mayor Adame referred to Item 4 and the following board appointments were made:
Clean City Advisory Committee
Daiquiri Richard (Beautify), Reappointed
Commission on Children & Youth
Lt. Tara Rene Martin, New Appointment
Community Youth Development
(78415) Program Steering Committee
Belissa Perez (Youth), New Appointment
Belinda Mendiola (78415) New Appointment
Ethics Commission
Linda Figueroa, Reappointed
Melvin Bohannon, New Appointment
Jennifer Dragoo, New Appointment
Museum of Science & History Committee
Dr. Robert Hatherill (Friends), Reappointed
Linda Torno (CCISD), Reappointed
Dr. Jonda Halcomb, Reappointed
Pablo Garza, New Appointment
Nueces County Tax Appraisal District
Robert Adler (Place 3), Reappointed
Sandra Billish (Place 4), Reappointed
(Note: Council Member Adler abstained
on this vote)
Regional Health Awareness Board
Patty Clark, New Appointment
Senior Companion Program Committee
Heidi Janicke, New Appointment
Sister City Committee
Brenda Williams, Reappointed
Drue Combs, Reappointed
Alan Thornburg, New Appointment
Yoshiko Boulan, New Appointment
Donald Russell, New Appointment
Samantha Sandate, New Appointment
**********
Mayor Adame called for Petitions from the audience.
Brady McNulty, invited the council to a presentation on Monday, October26, 2009,
at 6:00 pm at Del Mar College (East), Room 132, -regarding the potential health and
environmental impacts of coal or petroleum coke fueled power plants; Jerry Garcia, spoke
about the funding for projects in the Westside area. Council Member Scott asked staff to
schedule a meeting with Mr. Garcia to discuss and resolve the issues regarding the funds
distributed in the Westside area. Wilson Wakefield, 6026 Killarmet, spoke in opposition to
Las Brisas Project; Abel Alonzo, spoke in support of Las Brisas project; Bill Mills, spoke
about speeding in a school zone area on Parade Drive and vehicles traveling in a wrong
direction; Unidentified Citizen, spoke about the retirement system and payment of sick
leave and sewer lines in his neighborhood.
*************
Mayor Adame referred to Item 21, and a motion was made, seconded and passed
to open the public hearing on the following zoning case:
Minutes — Regular Council Meeting
October 13, 2009 — Page 12
Case No. 0809-05, Double T & C Properties, Inc.: A change of zoning from an "AB"
Professional Office District to a "B-4" General Business District resulting in a change
of land use from vacant parking lot to commercial retail on property described as
1.463 acres out of 5.294 acres of the King Square Addition, Lot 3, generally located
on the northwest side of McArdle Road, approximately 1,040 feet from Staples
Street.
City Secretary Chapa stated that the Planning Commission and staff recommend
approval of the "B-4" General Business District.
Faryce Goode -Macon, Interim Director of Development Services provided a brief
overview of the subject property and zoning change request.
No one appeared in opposition to the zoning change. Ms. Martinez made a motion
to close the public hearing, seconded by Mr. Scott, and passed. Mr. Chapa polled the
Council for their votes as follows:
21. ORDINANCE NO. 028345
Amending the Zoning Ordinance, upon application by Double T & C Properties, Inc.,
by changing the Zoning Map in reference to 1.463 acres out of 5.294 acres, of Lot
3, King Square Addition, from "AB" Professional Office District to "B-4" General
Business District; amending the Comprehensive Plan to account for any deviations
from the existing Comprehensive Plan; providing a repealer clause; providing a
penalty; and providing for publication.
An emergency was declared and the foregoing ordinance was passed and
approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick,
Leal, Marez, Martinez, and Scott, voting "Aye".
Mayor Adame referred to Item 22, and a motion was made, seconded and passed
to open the public hearing on the platting ordinance fee exemption.
Mr. Johnny Perales, Interim Assistant City Manager explained that this is related to
London Independent School District's proposed expansion of their complex on FM 43,
south of Oso Creek. Mr. Perales stated that platting of that property requires that they pay
certain fees as outlined in the Platting Ordinance; those primary fees are water, and
wastewater lot or acreage fees. He stated that London ISD has access to city water, so
the water acreage fees will be paid; however, they are beyond the limits of the city's
wastewater service, with the nearest wastewater service being about 11/2 miles to the
northeast, at the intersection of FM 43 and State Highway 286 extension. He added that
the platting ordinance provides for administrative relief, where the applicant can request a
variance.
There were no comments from the audience. City Secretary Chapa polled the
Council for their votes as follows:
Minutes — Regular Council Meeting
October 13, 2009 — Page 13
22. ORDINANCE NO. 028346
Ordinance exempting London School Tracts, Lot 3 Subdivision from the payment of
wastewater lot or acreage fees under Section V.B.6.I) of the Platting Ordinance;
requiring the owner/developer to comply with the specified conditions.
An emergency was declared and the foregoing ordinance was passed and
approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick,
Leal, Marez, Martinez, and Scott, voting, "Aye".
* * * * * * * * * *
Mayor Adame referred to the Regular Agenda and opened discussion on Item No.
23, regarding service agreements for temporary staffing services. Mike Barrera, Assistant
Director of Financial Services provide a brief overview including the benefits of centralized
temporary service contracts; insurance coverage; cost containment strategy; temporary
agencies currently providing services; request for proposal process; positions under
contract; cost analysis; and the recommendation of group awards to Unique Employment
Professionals, L.K. Jordan & Associates, Advance'd Temporaries, Inc., Express
Employment Professionals, and Manpower Professional Services, Inc.
In response to a question by Council Member Leal, Mr. Barrera stated the hourly
rate varies based on the position. He added that there is a savings in using temporary
agencies because there are no insurance costs, TMRS, and other benefits paid to full time
employees.
Council Member Martinez asked what is the percentage of temporary employees
working for the City of Corpus Christi, and Mr. Barrera stated for a three-month period,
there is approximately 470 employees.
Mayor Adame called for public comment. Mrs. Bradford with Unique Employment
Professionals, spoke about the pay rate vs. benefits and asked council to consider the
unemployment and injury risk, and claims management. Norma Ochoa, Branch Manager,
Manpower, spoke about the advantages of using temporary services. City Secretary polled
the Council for their votes as follows:
23. MOTION NO. 2009-290
Motion approving service agreements with the following companies for the following
amounts for temporary staffing services in accordance with Request for Proposal
Number BI- 0076-09 for an estimated two year expenditure of $5,933,327.76 of
which $2,224,997.89 is required for the remainder of FY 2009-2010. The term of
the service agreements will be for two years with an option to extend for up to two
additional twelve- month periods subject to the approval of the suppliers and the
City Manager or his designee. This service will be used by all City departments.
Funds are available in the using departments' Operational Budgets in FY 2009-2010
and will be requested for FY 2010-2011.
Minutes — Regular Council Meeting
October 13, 2009 — Page 14
Unique Employment Professionals
Corpus Christi, TX
$5,195,046.77
Advance'd Temporaries, Inc.
Tyler, TX
$42,176.74
Manpower Professional Services, Inc.
Milwaukee, WI
$35,556.55
L.K. Jordan & Associates
Corpus Christi, TX
$523,255.32
Express Employment Professionals
Corpus Christi, TX
$137,292.38
GRAND TOTAL: $5,933,327.76
The foregoing motion was passed and approved with the following vote: Adame,
Adler, Chesney, Elizondo, Marez, Martinez, and Scott, voting "Aye"; Leal, voting
"No"; Kieschnick, "Absent".
Mayor Adame referred to Item No. 24, regarding the 2009 Property Tax Levy. Ms.
Constance Sanchez, Interim Director of Finance stated that this is the last step in
complying with the Truth In Taxation requirements and formal approval of the certified tax
levy. She stated that Section 26.09(e) of the Texas Property Tax Code requires the tax
assessor collector to submit the certified tax levy to the governing body for approval. She
stated that the City received the certified levy from the Nueces County Tax office on
September 29, 2009.
There were no comments from the audience. City Secretary Chapa polled the
Council for their votes as follows:
24. MOTION NO. 2009-291
Motion approving the 2009 Property Tax Levy of $80,054,072.62 based on the
adopted property tax rate of $0.563846 per $100 valuation, in accordance with
Section 26.09 (e) of the Texas Property Tax Code.
The foregoing motion was passed and approved with the following vote: Adame,
Adler, Chesney, Elizondo, Leal, Marez, and Martinez, voting "Aye"'; Kieschnick and
Scott, "Absent".
Mayor Adame referred to Item No. 26, a Memorandum of Agreement with the Texas
Commission on Environmental Quality. Peggy Sumner, Environmental Services Director
stated that this to provide for emergency use of space at the Corpus Christi International
Airport in the event of a disaster
There were no comments from the audience. City Secretary Chapa polled the
Council for their votes as follows:
Minutes — Regular Council Meeting
October 13, 2009 — Page 15
26. ORDINANCE NO. 028348
Ordinance ratifying the execution of a Memorandum of Agreement with the Texas
Commission on Environmental Quality (TCEQ) and the U. S. Environmental
Protection Agency (EPA) in order to provide emergency use of space at the Corpus
Christi International Airport at no cost in case of a disaster which renders the TCEQ
Region 14 offices unusable.
An emergency was declared and the foregoing ordinance was passed and
approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick,
Leal, Marez, Martinez, voting "Aye"; Scott, "Absent".
Mayor Adame referred to Item No. 27, regarding a grant for the development of an
Energy Efficiency Conservation Strategy and Community Sustainability Plan. Oscar
Martinez, Assistant City Manager explained that this is for the appropriation of the first
$250,000 of the grant to continue the work, complete the conservation strategy to be
submitted to the Department of Energy by December 2, 2009.
There were no comments from the audience. City Secretary Chapa polled the
Council for their votes as follows:
27.a. ORDINANCE NO. 028349
Ordinance appropriating a $250,000 grant from the Department of Energy in the
Fund No. 1071 Community Enrichment Grants Fund for development of an Energy
Efficiency Conservation Strategy and Community Sustainability Plan.
An emergency was declared and the foregoing ordinance was passed and
approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick,
Leal, Marez, Martinez, and Scott, voting "Aye".
27.b. MOTION NO. 2009-292
Motion authorizing the City Manager or his designee to execute Amendment No. 1
in the amount of $200,000 for a restated not to exceed fee of $250,000 to the
Professional Services agreement with HDR Engineering of Corpus Christi, Texas for
preparation of an Energy Efficiency Conservation Strategy and Community
Sustainability Plan to satisfy Department of Energy requirements for the City of
Corpus Christi to receive an Energy Efficiency Conservation Block Grant.
The foregoing motion was passed and approved with the following vote: Adame,
Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting
"Aye".
Mayor Adame referred to Supplemental Item No. 27.1, regarding a deferment
agreement with Senior Quality Lifestyles Corporation. Mr.Johnny Perales, Assistant City
Manager explained that this is a multi -part item for the development of an assisted living
center located at south Timbergate and Staples. The planning commission approved the
zoning on September 30, 2009. He added that this is the first project where they are using
Minutes — Regular Council Meeting
October 13, 2009 — Page 16
the new multi -tasking approach of rezoning, platting, civil design and construction, and
building plan review, all concurrently. They are proposing a deferment agreement which
will allow them, upon posting an approved financial security for the public improvements, to
go to plat recordation immediately.
Council Member Martinez requested that staff provide the balance in the four trust
funds and the pipeline.
Mayor Adame asked the total amount of the investment, and Mr. Dave Brown,
Developer responded $78,000,000. Mr. Brown added that the process through the
Development Services department has been excellent.
There were no comments from the audience. City Secretary Chapa polled the
Council for their votes as follows:
27.1a MOTION NO. 2009-293
Motion authorizing the City Manager to execute a Deferment Agreement with Senior
Quality Lifestyles Corporation, (Developer), in the amount of $1,701,298.59 for
public improvements including construction of water, wastewater, paving, and
drainage improvements for The Village at Timbergate Unit 1, located south of
Timbergate Drive and east of South Staples Street (FM 2444), in accordance with
the Platting Ordinance Section V — Required Improvements, Subsection A. 3. b),
contingent upon receipt of an acceptable form of financial document compliant with
City requirements.
The foregoing motion was passed and approved with the following vote: Adler,
Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting,"Aye";
Adame,"Abstain".
27.1b MOTION NO. 2009-294
Motion approving the Sanitary Sewer Collection Line Extension Construction and
Reimbursement Agreement submitted by Senior Quality Lifestyle Corporation,
developer of The Village at Timbergate Unit 1, located south of Timbergate Drive
and east of South Staples Street (FM 2444), for the extension of an 8 -inch collection
line, including all related appurtenances.
The foregoing motion was passed and approved with the following vote: Adler,
Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting,"Aye";
Adame, "Abstain".
27.1c ORDINANCE NO. 028350
Ordinance appropriating $32,321.91 from the No. 4220 Sanitary Sewer Collection
Line Trust Fund to reimburse Senior Quality Lifestyle Corporation, for the extension
of an 8 -inch collection line, including all related appurtenances for development of
Minutes — Regular Council Meeting
October 13, 2009 — Page 17
The Village at Timbergate Unit 1, as specified in the Sanitary Sewer Collection Line
Extension Construction and Reimbursement Agreement.
An emergency was declared and the foregoing ordinance was passed and
approved with the following vote: Adler, Chesney, Elizondo, Kieschnick, Leal,
Marez, Martinez, and Scott, voting,"Aye"; Adame,"Abstain".
27.1d MOTION NO 2009-295
Motion authorizing the City Manager to execute a Development Contract with Senior
Lifestyles Corporation (Developer) for the construction of Timbergate Drive and the
drainage ditch that will serve the tract of land along the north side of Timbergate
Drive.
The foregoing motion was passed and approved with the following vote: Adler,
Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting,"Aye";
Adame, "Abstain".
* ************
Mayor Adame announced that at the Del Mar College Board of Regents meeting
they voted to participate in the downtown tax increment reinvestment zone. He also
announced that the Marina received the "Marina of the YearAward"and the "Clean Marina
of the Year Award" for the State of Texas.
* ************
There being no further business to come before the Council, Mayor Adame
adjourned the Council meeting at 5:13 p.m. on October 13, 2009.
* ************
I HEREBY CERTIFY that the foregoing is a true and correct copy of the minutes of
the Regular Meeting of the Corpus Christi City Council of October 13, 2009, which were
approved by the City Council on October 20, 2009.
WITNESSETH MY HAND AND SEAL, on this the 20th day of October, 2009.
/ t4/
Armando Chapa
City Secretary
(SEAL)