HomeMy WebLinkAboutMinutes City Council - 03/19/2013HEREBY CERTIFY that the foregoing is a true and correct copy of the minutes of the
Regular Meeting of the Corpus Christi City Council of March 19, 2013 which were approved by the
City Council on April 9, 2013.
WITNESSETH MY HAND AND SEAL, on this the 9th day of April, 2013.
Armando Chapa
City Secretary
SEAL
114DO(ED
1201 Leopard Street
Corpus Christi, TX 78401
cctexas.00m
Tuesday, March 19, 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 Reverend Gloria Lear, First United Methodist
Church.
C. PLEDGE OF ALLEGIANCE.
The Pledge of Allegiance was led by Carlos Valdez, City Attorney.
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 Chapa.
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
Mclntyre,Council Member Lillian Riojas, and Council Member Rudy Garza
E. Proclamations 1 Commendations
Mayor Martinez read and presented the Proclamations.
1 Proclamation declaring March 23, 2013 as "14th Annual Celebration of
Cesar Chavez Day"
Proclamation declaring March 22 -24, 2013 as "Corpus Christi Festival
of the Arks"
Proclamation declaring March 22, 2013 as "World Water Day"
Proclamation declaring March 2013 as "Professional Social Work
Month"
Proclamation declaring March 19 -23, 2013 as "Texas Section of the
ASCE Centennial Conference"
Proclamation declaring April 2013 as "Corpus Christi Safe Digging
Month"
Proclamation declaring March 19, 2013 as "Coastal Bend Coalition
Against Modern Day Slavery"
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Presentation to Mayor Nelda Martinez from the Spirit Center of Corpus
Christi
This Proclamations was presented
F. PUBLIC COMMENT.
Mayor Martinez referred to Public Comment. Jerry Garcia spoke regarding an
open records request that he submitted, and asked about the RFP process on
Item No. 33; Jose Marroquin spoke regarding the plastic bag fee, and stated
that he opposes the street maintenance fee; Susan Robinson spoke about the
traffic and speeding on Robert Drive; Emily Olivarez opposes the street
maintenance fee for residential; Abel Alonzo spoke about traffic safety on
Ayers Street and commented on the recent accident that occurred in that area;
Jack Gordy spoke about signs on bus benches; Representative from St.
Bartholomew's Church spoke about the street maintenance fee and the impact
to churches; Mary Ann Kelley spoke about the street maintenance fee and the
industrial district area; John Gordon stated that he does not support the
formula used to calculate the street maintenance fee; Lolly Bernal spoke in
support of Select Baseball; and Maggie Sandoval Flores spoke in opposition to
the street maintenance fee and also commented on the impact to small
churches.
G. EXECUTIVE SESSION:
Mayor Martinez read Executive Session Item Nos. 2 and 3. The council went
into executive session. The council returned from executive session.
2 Executive session pursuant to Texas Government Code Section
551.071 to consult with attorneys regarding contemplated litigation
related to the City of Corpus Christi's wastewater treatment plants, with
possible discussion and action in open session.
This executive session was discussed and no action was taken.
3 Executive Session pursuant to Texas Government Code Section
551.074 Personnel Matters to deliberate the appointment,
employment, evaluation, reassignment, duties, discipline, or dismissal
of Municipal Court Judge with possible discussion and action in open
session.
This executive session was discussed and no action was taken.
Mayor Martinez deviated from the agenda and referred to Item No. 28, First
Reading Ordinance - Establishing policies, methodologies, and rate to be
charged for implementing the Street Maintenance Fee.
28 First Reading Ordinance - Establishing policies, methodologies, and
rate to be charged for implementing the Street Maintenance Fee
(Tabled on 2126113)
Ordinance establishing rates, policies, and methodologies to
implement the street maintenance fee created by separate ordinance.
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Mr. Oscar Martinez, Assistant City Manager discussed the work plan and
referred to a charge showing the overlay and seal coat square yard quantities
for the first 5 years, collecting $15 million. He added that this program triples
the amount of seal coat currently being performed and implements currently
non - existent overly work annually. Mr. Martinez referred to a map depicting
the level of effort for seal and coat for the first 3 years of the program and
stated that out of the 1200 miles of city streets, this would cover about 22% of
city streets (arterial, collector or residential).
Mr. Martinez provided an overview of the direction from the council as being:
1) adjust cap on non - residential "Commercial ", Industrial, and other classes
from 30,000 to 100,000 square feet, 2) consider process to ascertain
non - residential land use categories beyond limited categories previously
proposed, 3) readjust methodology to bill commercial residential (i.e., attached
housing, mobile homes/manufactured/RVs) on a per dwelling unit basis. Mr.
Martinez then reported on some of the results on the adjustments to cap for
non - residential properties. Mr. Martinez stated that the data use survey would
need to be contracted out to conduct a field survey of every non residential
use of property.
Mr. Martinez then discussed other considerations for council discussion: 1)
adjusted calculation for some commercial establishments could be considered
for factors that materially affect the volume of business beyond the square
footage; final amount to be collected may be adjusted as negotiations with RTA
regarding contribution for street maintenance is finalized; initial development
of an administrative procedure manual for implementation of the street
maintenance fee; development of a community education campaign to
promote and understand the need for, benefit and impact of the program. Mr.
Martinez then provided an overview of the sections in the ordinance being
proposed.
Mayor Martinez asked for comments from the audience and the following
citizens spoke: Jack Gordy, Andy Taubman, Douglas Johnson, Mary Lou
Huffman, Donna Hanson, Jonathan Wickam, Sarah Graham, David Hoyt, Lee
Brandon, Sid Stovall, Reagan Brown, Daniel Fields, Debbie Brook, Ms.
Anzaldua, Tony Norrell, Cliff Harris, Wilson Wakefield, Trey Bates, Eloy Salazar,
Butch Escobedo, Abel Alonzo, and Mike Staff.
After council discussion, Mayor Martinez asked that staff look at the outcomes
if the 100,000 square foot cap was removed; place the ordinance on the City's
home page (including Powerpoint and ITE categories); include the current
RTA's contribution; in the future submit a Resolution to our delegation, State
Representative and Senator regarding the vehicle registration fee and the gas
tax; and the equity issue regarding hotels. Mr. Olson stated that a Workshop
session will be scheduled to address issues before the second reading of the
ordinance.
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
Nay: 1 - Council Member Leal
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Abstained: 0
H. MINUTES:
4 Approval of Meeting Minutes - Regular Meeting of February 26, 2013.
A motion was made by Council Member Loeb, seconded by Council Member
Magill to approve the minutes as presented, and passed.
I. BOARDS & COMMITTEE APPOINTMENTS:
5 Building Standards Board
Island Strategic Action Committee
Landmark Commission
Leadership Committee for Senior Services
Transportation Advisory Committee
Mayor Martinez referred to Item No. 5, Board Appointments. The following
appointments /reappointments were made to the City's boards, commissions
and committees:
Building Standards Board: Reappointed - Shane Torno (Engineer), and
Clarissa Beltran (At Large)
Island Strategic Action Committee: Reappointed - Gregory Smith (Comm.
Property Owner), Paul Schexnailder (Developer), John White (Padre Island
Business Assn.), Stan Hulse (Padre Isles Property Owners Assn.), Jyoti Patel
(At Large), and Ralph Tapscott (At Large). New Appointment - Rick Sowash (At
Large)
Landmark Commission: Reappointed - Sean Thorson (Title Search), Laura
Commons (Real Estate), and Dr. Mark Robbins (Historian). New Appointment -
Albert Soto (Architect)
Leadership Committee for Senior Services: Reappointed - Willie Hardeman
(Community Rep), Breanna Rye (Direct Service), Henry Savoy (Community
Rep), and Billy Ray Sayles (Direct Service). New Appointments - Maria Elena
Flores (Community Rep), Jose Mario Gomez (Community Rep), Robert Erwin
(Community Rep), Suzanne Beltz (Community Rep), and Lewis Hardeman
(Senior Center Participant).
Transportation Advisory Committee: New Appointment - Scott Harris, Bryan
Hall and John Garcia.
Enactment No:
K. CONSENT AGENDA: (Items 6 - 25)
Mayor Martinez referred to the Consent Agenda, items 6 - 25. Mayor Martinez
asked for council and public comment. Council Members pulled the following
items for individual consideration: 7, 8 and 10. There were no comments from
the audience. The items were approved by one vote:
6 Supply agreements for water treatment chemicals used for treatment
of potable drinking water at the O. N. Stevens Water Treatment Plant
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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
Lithia, FL
Hydrofluorosilicic Acid
$140,182.00
Polydyne Inc.
Riceboro, GA
Liquid Cationic Polymer
$382,320.00
Grand Total: $522,502.00
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 -041
7 Service Agreement for wrecker services for City owned vehicles
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.
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
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Enactment No: M2013 -042
8 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 pulled from the agenda.
9 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
Carbon Plant Road and IH 37.
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 -043
10 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.
The foregoing motion was passed and apporved 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 -044
11 Construction agreement for lighting improvements along Aquarius
Street to include medians and Commodores Drive median
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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.
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 -045
12 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.
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 -046
13 Professional services contracts for wastewater collection system
infrastructure repair /replacement 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 (1DIQ) 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.
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
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Enactment No: M2013 -047
14 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
(" DeveloperlOwner "), 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.
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 -048
15 Second 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
2126113)
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 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: 029759
16 Second Reading Ordinance - Amending the Capital Improvement
Budget; amending a professional services agreement to extend the
East General Aviation Apron (1 st Reading 2/26113)
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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 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: 029760
17., Second 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 (1st
Reading 2126113)
Ordinance amending the Unified Development Code ( "UDC ") by
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.
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: 029761
18 Second 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 (1st Reading 2126113)
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
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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 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: 029762
19 Second Reading Ordinance - Amending the Code of Ordinances to
establish the process for managing the International Energy
Conservation Code pertaining to inspection agencies, submission
methods and submission time frames (1st Reading 2126113)
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 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: 029763
20 Second Reading Ordinance - A change of zoning from the "ON" Office
District to the "RS -6" Single - Family 6 District, at 10625 Gettysburg
Street (1st Reading 2126113)
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
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"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.
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: 029764
21 Second Reading Ordinance - Amending the Unified Development
Code relating to street design standards (1st Reading 2126113)
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. .
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: 029765
22 Second Reading Ordinance - Appropriating State cable franchise
funds for capital equipment related to Public, Education and
Government Access Channels (1 st Reading 2126113)
Ordinance appropriating $142,645.50 from the State Cable Franchises
issued by the Public Utility Commission of Texas in the No. 1031
Public, Education and Government Cable Fund for capital
expenditures related to the Public, Education and Government Acce ss
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 Second Reading with
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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: 029766
23 Second 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 (1st Reading 2126113)
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 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: 029767
24 Second Reading Ordinance - Approving reimbursement agreement
and appropriation for a water distribution main line for a proposed
warehouse development (1st Reading 2126113)
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 Second Reading with
the following vote:
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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: 029768
25 Second 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 Home
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)
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: 029769
L. REGULAR AGENDA: item 26 - 27
26 Agreement for airport parking facilities management
Motion authorizing the City Manager, or designee, to enter into a
parking Facilities Management Agreement with Republic Parking
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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.
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 -049
27 Second Reading Ordinance - Amending the Unified Development
Code (UDC) regarding public notices, special permits and setbacks to
improve the effectiveness of the UDC (1st Reading 2126113)
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_B - 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.
The foregoing ordinance was passed and approved on Second Reading with
the following vote:
Aye. S - Council MemberAllen, Council Member Leal, Mayor Martinez, Council
Member Scott, Council Member Magill, Council Member McIntyre, Council
Member Riojas and Council Member Garza
Absent: 1 - Council Member Loeb
Abstained: 0
Enactment No: 029770
M. FIRST READING ORDINANCES: Items 28 - 36
29 First Reading Ordinance - Transfer and appropriation of funds to
capital budget for arena 1 convention center loading dock repairs
Ordinance transferring and appropriating $100,000 from the
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Unreserved Fund Balance in No. 1130 Arena Improvement Fund to
and appropriating in the No. 3274 Arena Type A CIP Fund for the
Arena/Convention Center Loading Dock Repairs; changing the FY
2013 Operating Budget adopted by Ordinance No. 029577 to increase
expenditures by $100,000; and changing the FY 2013 Capital
Improvement Budget adopted by Ordinance No. 029565 to increase
revenues and expenditures by $100,000 each.
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
Enactment No: 029775
30 First Reading Ordinance - Lease agreement for operation of news and
gift concession at City airport
Ordinance authorizing the City Manager, or designee, to execute a
Long Term Lease Agreement ( "Lease ") with Host International, Inc.
( "HMS Host ") for the operation of a news and gift concession located
at the Corpus Christi International Airport ( "Airport "), in consideration of
the greater of an annual minimum guarantee of $110,000 or a sum
equal to ten percent (10 %) of the HMS Host's gross receipts, for a
term of five (5) years.
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
Enactment No: 029776
31 First Reading Ordinance - Ratifying acceptance of the amendment to
State grant for air quality planning activities; appropriating grant funds
Ordinance ratifying the acceptance of Amendment No. 5 to the Grant
Agreement with the Texas Commission on Environmental Quality and
appropriating $371,520 in the No_ 1071 Community Enrichment Grants
Fund for ai.r quality planning activities.
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
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Abstained: 0
Enactment No: 029777
32 First Reading Ordinance - Appropriating abandoned /unclaimed monies
from Police Property room
Ordinance appropriating $11,586.71 from abandonedlunclaimed
monies from the Police Property Room, changing the FY 2012 -2013
Operating Budget adopted by Ordinance No.029577 by increasing
revenue and expenditures in the General Fund No. 1020 by
$11,586.71 each.
The foregoing ordinance was passd 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
Enactment No: 029778
33 First Reading Ordinance - Amendment to lease agreement for
additional baseball fields at Greenwood / Horne Youth Sports complex
Ordinance authorizing the City Manager or designee to execute an
Amendment to the Lease Agreement with International Westside
Baseball League for additional baseball fields at Greenwood /Horne
Youth Sports Complex.
This Ordinance was tabled.
34 First Reading Ordinance - Appropriating a State grant for serving
homebound seniors in the Senior Companion Program
Ordinance appropriating a $5,381 grant from the Corporation for
National and Community Service in the No_ 1067 Parks and
Recreation grants fund for the Senior Companion Program.
The foregoing ordinance was passed and approved on First Reading with the
following vote:
Aye: 7- Council Member Allen, Council Member Leal, Council Member Loeb,
Mayor Martinez, Council Member Magill, Council Member McIntyre and
Council Member Garza
Absent: 2- Council Member Scott and Council Member Riojas
Abstained: 0
Enactment No: 029779
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35 First Reading Ordinance - Amending the Code of Ordinances for the
Mayor's Fitness Council duties and membership
Ordinance amending the Code of Ordinances regarding Mayor's
Fitness Council duties and membership.
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 Magill, Council Member McIntyre,
Council Member Riojas and Council Member Garza
Absent: 1 - Council Member Scott
Abstained: 0
Enactment No: 029780
36 First Reading Ordinance - Establishing the Downtown Catalyst Area in
the City
Ordinance defining "Catalyst Area" and establishing the Downtown
Catalyst Area in the City of Corpus Christi, Texas.
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
Enactment No: 029781
N. PUBLIC HEARINGS: Items 37 - 39
37 Public Hearing and First Reading Ordinance - Designating the
Downtown Reinvestment Zone within the City
Ordinance designating the Downtown Reinvestment Zone within the
City of Corpus Christi, Texas, under the Property Redevelopment and
Tax Abatement Act (Chapter 312 of the Texas Tax Code).
Mayor Martinez referred to Item No. 37. Wes Pierson, Assistant City Manager
stated that this ordinance establishes the Downtown Reinvestment Zone and
includes all of the Downtown TIRZ to help the City coverall of the potential
sites for growth. A motion was made by Council Member Loeb, seconded by
Council Member Magill 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 Leal to close the public hearing and passed.
The foregoing ordinance was passed and approvd on First Reading with the
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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: 029782
38 Public Hearing and First Reading Ordinance - Amending the lease of a
portion of Mt. Vernon Park for the proposed expansion of the Deaf &
Hard of Hearing Center located at the 5100 block of McArdle Road
near La Palmera Mall
Ordinance finding that there is no feasible and prudent alternative to
the expanded use from approximately 0.4 acres to 0.677 acres of Mt.
Vernon Park located along 5100 block of McArdle Road by The
Corpus Christi Area Council for the Deaf for the expansion and
continued operation of The Corpus Christi Area Council for the Deaf,
and determining that all reasonable planning has occurred to minimize
harm to Mt. Vernon Park resulting from such use; and authorizing the
City Manager or designee to execute a ten -year lease agreement with
The Corpus Christi Area Council for the Deaf for expanded lease area
of approximately .677 acres of Mt. Vernon Park, with one ten -year
extension term.
Mayor Martinez referred to Item No. 38. Mike Morris, Director of Park &
Recreation stated that this item is to amend the current lease with the Corpus
Christi Area Council for the Deaf to expand from approximately 0.4 acres to
0.677 acres of Mt. Vernon Park for the expansion and operation of the CC Area
Council for the Deaf. A motion was made by Council Member Leal, seconded
by Council Member Loeb to open the public hearing and passed. There were
no comments from the audience. A motion was made by Council Member
Magill, seconded by Council Member Leal 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 Leal, Council Member Loeb, Mayor Martinez, Council
Member Scott, Council Member Magill, Council Member McIntyre, Council
Member Riojas and Council Member Garza
Absent: 1 - Council MemberAllen
Abstained: 0
39 Public Hearing and First Reading Ordinance - Amending the Unified
Development Code to add the requirements and enforcement of Model
Subdivision Rules to plats and subdivisions of land within the
Extraterritorial jurisdiction of the City
Ordinance amending the Unified Development Code ("UDC') by
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revising Article 8, Section 8.1, subsection 8.1.1, related to Authority
regarding subdivisions located in the extraterritorial jurisdiction of the
City by adding language to incorporate Chapter II of the December 13,
2006 Nueces County Subdivision Regulations and Platting
Requirements, which incorporate the Model Subdivision Rules as
authorized by Chapter 364 of Title 31 of the Texas Administrative
Code; providing for severance, penalties, and publication.
Mayor Martinez referred to Item No. 39. Mark Van Vleck, Director of
Development Sevices stated that this is a housekeeping amendment to the
Unified Development Code related to the Authority regarding subdivisions
located in the extraterritorial jurisdiction of the City. A motion was made by
Council Member Riolas, seconded by Council Member Leal to open the public
hearing and passed. There were no comments from the audience. A motion
was made by Council Member McIntyre, seconded by Council Member Leal 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
Enactment No: 029783
O. FUTURE AGENDA ITEMS: Items 40 - 55
Mayor Martinez referred to the Future Agenda, Items 42 through 52 and stated
that these items are for informational purposes only and that no action or
public comment would be taken. There were no presentations on these items.
40 BOND 2012 PROJECTS (Related Items 6 - 11)
Award of a construction contract; and approval of construction
materials testing contact for Yorktown Boulevard Phase 2 project
(BOND 2012)
Motion authorizing the City Manager or designee to execute a
Construction Contract with Bay, Ltd. of Corpus Christi, Texas in the
amount of $6,373,769.00 and to execute a Construction Materials
Testing Contract with Rock Engineering & Testing Laboratory, Inc. of
Corpus Christi, Texas in the amount of $84,201.00 for Yorktown
Boulevard Phase 2 from Cimarron Boulevard to Rodd Field Road for
the Base Bid plus Additive Alternate No. 1 and 2 BOND ISSUE 2012
(Proposition No. 1 Street Projects).
This Motion was recommended by Staff to the Consent Agenda.
Enactment No: M2013 -053
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41 Professional services contract for design and construction of County
Road 52 Extension (CR 69 to FM 1889) (BOND 2012)
Motion authorizing the City Manager, or designee, to execute a
Contract for Professional Services with Naismith Engineering, Inc. from
Corpus Christi, Texas in the amount of $241,692.50, for County Road
52 Extension from CR 69 to FM 1889 for design, bid, and construction
phase services BOND ISSUE 2012. (Proposition No. 8 Economic.
Development Projects)
This Motion was recommended by Staff to the Consent Agenda.
Enactment No: M2013 -054
42 Professional services contract for remodeling and improvements of the
animal care facility (BOND 2012)
Motion authorizing the City Manager, or designee, to execute a
Contract for Professional Services with Chuck Anastos of Corpus
Christi, Texas in the amount of $87,300.00 for Animal Control
Remodel /Improvements for design, bid, and construction phase
services. BOND ISSUE 2012 (Proposition No. 3 Service Center
Complex Improvements).
This Motion was recommended by Staff to the Consent Agenda.
Enactment No: M2013 -055
43 Professional services contract for the design and construction of hike
and bike trails along Schanen Ditch and Bear Creek Ditch (BOND
2012)
Motion authorizing the City Manager, or designee, to execute a
Contract for Professional Services with Martinez, Guy & Maybik, Inc. of
Corpus Christi, Texas in the amount of $185,540.00, for Hike and Bike
Trail Development for design, bid, and construction phase services.
BOND ISSUE 2012.
This Motion was recommended by Staff to the Consent Agenda.
Enactment No: M2013 -056
44 Professional services contract for design and construction of new shop
and office facility for signs & signals operations (BOND 2012)
Motion authorizing the City Manager, or designee, to execute a
Contract for Professional Services with Chuck Anastos from Corpus
Christi, Texas in the amount of $141,000, for Signs /Signal Operations -
New Shop and Office Facility for design, bid, and construction phase
services BOND ISSUE 2012 (Proposition No. 3 Service Center
Complex Improvements).
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This Motion was recommended by Staff to the Consent Agenda.
Enactment No: M2013 -057
46 Professional services contract for Health Department parking lot
improvements (BOND 2012)
Motion authorizing the City Manager, or designee, to execute a
Contract for Professional Services with Urban Engineering from
Corpus Christi, Texas in the amount of $64,200.00, for Health
Department Building Parking Lot for design, bid, and construction
phase services BOND ISSUE 2012 (Proposition No. 6 Public Health
Improvements)
This Motion was recommended by Staff to the Consent Agenda.
Enactment No: M2013 -058
46 Professional Services Agreement for Veterinary Services
Motion approving a professional services agreement with Melissa
Draper, DVM, Corpus Christi, Texas for veterinary services for an
estimated annual expenditure of $100,000.00, of which $33,333.33 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 Contractor and the City Manager or designee. Funds have been
budgeted by the Police Department in FY 2012 -2013.
This Motion was recommended by Staff to the Consent Agenda.
Enactment No: M2013 -059
47 Renewal of treated water supply contract with Violet Water Supply
Corporation
Motion authorizing the City Manager or designee to execute a contract
to supply Violet Water Supply Corporation (Violet) with treated water
for up to 10,000,000 gallons per month for a term of 40 years.
This Motion was recommended by Staff to the Consent Agenda.
Enactment No: M2013 -050
48 Professional Services Contract for accelerated considerations of
funding and constructing the Mary Rhodes Phase II pipeline project
Motion authorizing the City Manager, or designee, to execute a
Contract for Professional Services with MDR Engineering, Inc. of
Corpus Christi, Texas in the amount of $80,000.00, for Water Supply
Alternative Funding Strategies.
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This Motion was recommended by Staff to the Consent Agenda.
Enactment No: M2013 -051
49 Supply agreement for aluminum traffic signs
Motion approving a supply agreement with Custom Products
Corporation, Jackson, Mississippi for aluminum traffic signs in
accordance with Bid Invitation No. BI- 0097 -13 based on lowest
responsible bid for an estimated annual expenditure of $133,994.55, of
which $44,664.85 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 Traffic Engineering FY 2012 -2013.
This Motion was recommended by Staff to the Consent Agenda.
Enactment No: M2013 -060
50 Lease- purchase of pothole patcher trucks for street maintenance
Motion approving the lease- purchase of two (2) Bergkamp Flameless
Pothole Patchers from Freightliner of Austin, Austin, Texas for a total
amount of $277,074.00: The award is based on the cooperative
purchasing agreement with the Texas Local Government Purchasing
Cooperative (TLGPC). Funding is available from the City's
lease- purchase financing contractor.
This Motion was recommended by Staff to the Consent Agenda.
Enactment No: M2013 -061
51 Lease- purchase of two asphalt crack sealing machines to be used for
street maintenance
Motion approving the lease purchase of two (2) asphalt crack sealing
machines (trailer mounted) from Cra€co Texas, Inc., of San Antonio,
Texas for a total amount of $96,740.34. The award is based on the
cooperative purchasing agreement with the Texas Local Government
Cooperative. The equipment will be used by the City's Street
Department. These units are replacements to the fleet. Funds for the
lease purchase of the machines will be provided by the City's lease
purchase financing program.
This Motion was recommended by Staff to the Consent Agenda.
Enactment No: M2013 -062
52 Software Licensing Agreement to update existing Municipal
Information Systems (MIS) service desk licensing and management
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suite licenses
Motion authorizing the City Manager, or designee, to execute a 3 -year
contract with SHI, Inc., of Austin, Texas for an estimated expenditure of
$252,911.94. The cost will be paid in 3 annual payments of
$84,303.98. The purpose is to update existing LANDesk Service Desk
and management suite licenses to an enterprise solution and this cost
includes maintenance costs for the 3 -year period. SHI, Inc. is a Texas'
Department of Information Resources reseller number DI R-SDD-1 009.
This Motion was recommended by Staff to the Consent Agenda.
Enactment No: M2013 -052
53 Resolution of support for the application of Texas A &M University-
Corpus Christi for Federal designation as a test range for unmanned
aircraft system.
Resolution supporting the application of Texas A &M University - Corpus
Christi to pursue Federal Aviation Administration (FAA) designation for
Texas as an unmanned aircraft system (UAS) test range.
This Resolution was recommended by Staff to the Consent Agenda.
Enactment No: 029772
54 Resolution authorizing submission of a grant application to the State
for summer food program to serve children in summer recreation
program
Resolution authorizing the City Manager, or designee, to submit a
grant application to Texas Department of Agriculture for a Summer
Food Program Grant in the amount of $250,000 to operate a Summer
Food Service Program for summer recreation program participants
ages one to eighteen years.
This Resolution was recommended by Staff to the Consent Agenda.
Enactment No: 029773
55 Revisions to the Community Youth Development Steering Committee
membership from 11 to 9 members
Resolution revising membership of the Community Youth Development
Steering Committee.
This Resolution was recommended by Staff to the Consent Agenda.
Enactment No: 029774
P. CITY MANAGER'S COMMENTS:
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City Manager Olson introduced the new Assistant City Manager, Susan Thorpe
and stated that she began her employment with the City of Corpus Christi on
March 18th. Ms. Thorpe stated that she is pleased and excited to began her
employment with the City.
* Update on City Operations
Q. ADJOURNMENT
There being no further business to come before the Council, Mayor Martinez
declared the meeting adjourned at 7:05 pm.
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