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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" Corpus Christi Page 1 Printed on 312812013 City Council Meeting Minutes - Final March 19, 2013 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. Corpus Christi Page 2 Printed on 312WO13 City Council Meeting Minutes - Final March 19, 2013 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 corpus Christi Page 3 Printed on 312WO13 City Council Meeting Minutes - Final March 19, 2013 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 Corpus Christi Page 4 Printed on 3/28/2013 City Council Meeting Minutes - Final March 19, 2013 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 Corpus Christi Page 5 Printed on 3/28/2093 City Council Meeting Minutes - Final March 19, 2013 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 Corpus Christi Page 6 Printed on =W013 City Council Meeting Minutes - Final March 19, 2013 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 Corpus Christi Page 7 Printed on 3/28120!3 City Council Meeting Minutes - Final March 19, 2013 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) Corpus Christi Page 8 Printed on 3/28/2013 City Council Meeting Minutes - Final March 19, 2013 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 Corpus Christi Page 9 Printed on 312812073 City Council Meeting Minutes - Final March 19, 2013 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 Corpus Christi Page 10 Printed on 3/28/2013 City Council Meeting Minutes - Final March 19, 2013 "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 Corpus Christi Page 11 Printed on 3/28/2013 City Council Meeting Minutes - Final March 19, 2013 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: Corpus Christi Page 12 Printed on 3/2812013 City Council Meeting Minutes - Final March 79, 2073 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 Corpus Christi Page 13 Printed on 312812013 City Council Meeting Minutes - Final March 19, 2013 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 Corpus Christi Page 14 Printed on 3/2812013 City Council Meeting Minutes - Final March 19, 2013 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 Corpus Christi Page 15 Printed on 3/28/2013 City Council Meeting Minutes - Final March 19, 2013 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 Corpus Christi Page 16 Printed on -12&2013 City Council Meeting Minutes - Final March 19, 2013 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 Corpus Christi Page 17 Printed on 3/28/2013 City Council Meeting Minutes - Final March 19, 2013 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 Corpus Christi Page 18 Printed on 3128/2013 City Council Meeting Minutes - Final March 19, 2013 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 Corpus Christi Page 19 Printed on 312MO13 City Council Meeting Minutes - Final March 19, 2013 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). Corpus Christi Page 20 Printed on 3/2&2013 City Council Meeting Minutes - Final March 19, 2013 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. Corpus Christi Page 21 Printed on 3/28/2013 City Council Meeting Minutes - Final March 19, 2013 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 Corpus Christi Page 22 Printed on 3/28/2013 City Council Meeting Minutes - Final March 19, 2013 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: Corpus Christi Page 23 Printed on 312812013 City Council Meeting Minutes - Final March 19, 2013 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. Corpus Chrisd Page 24 Printed on 3/28/2013