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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)