HomeMy WebLinkAboutMinutes City Council - 04/23/2013I HEREBY CERTIFY that the foregoing is a true and correct copy of the minutes of the
Regular Meeting of the Corpus Christi City Council of April 23, 2013 which were approved_ by the
City Council on May 14, 2013.
WITNESSETH MY HAND AND SEAL, on this the 14th day of May, 2013.
Armando Chapa
City Secretary
SEAL
INDEXED
Corpus Christi 1201 Leopard Street
Corpus Christi, TX 78401
catexas_com
Meeting Minutes - Final
City Council
Tuesday, April 23, 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 Pastor Luis Cabrera, Maranatha Church.
C. PLEDGE OF ALLEGIANCE.
The Pledge of Allegiance was led by Kristina Leal, Chief of Staff, Mayor's
Office.
D. City Secretary Armando Chapa to call the roll of the required Charter Officers.
City Secretary Chapa verified that the necessary quorum of the Council and the
required Charter Officres 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
1. Proclamation declaring April 21 -27, 2013 as "National Medical
Laboratory Professionals Week"
Proclamation declaring April 21 -27, 2013 as "National Crime Victims'
Rights Week"
Proclamation declaring April 23, 2013 as "Mike M. Anzaldua Jr. Day of
Remembrance"
Proclamation declaring April 26, 2013 as "Arbor Day"
Proclamation declaring May 1, 2013 as "Corpus Christi Technology
Olympics Day"
Proclamation declaring May 5 -11, 2013 as "Goodwill Industries Week"
Proclamation declaring May 11, 2013 as "Lemonade Day Corpus
Christi"
Swearing -in Ceremony of newly appointed City board, commission
and committee members
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The Proclamations were read and presented.
F. PUBLIC COMMENT.
Mayor Martinez referred to the Public Comment section: Carrie
Robertson -Meyer invited the Council to a Ribbon Cutting and Beach Walk
event on Saturday, May 4th, a Bond 2008 Bond Project; Colin Sykes spoke in
support of Future Agenda Item No. 56 regarding a resolution that corporations
are not people; Wilson Wakefield spoke in oppostion to the street maintenance
fee; Garrett Dorsey thanked the Council for the adoption of the 2009
International Residential Code, in regards to testing for homes; Abel Alonzo
thanked the council for being transparent; Judy Landres spoke in support of
Future Agenda Item No. 56 regarding resolution that corporations are not
people; Mary Ann Kelley spoke in opposition to street fee, bag fee, and spoke
about the removal of fluoride from the water; and Jean Perkins also spoke
about the removal of fluoride from the water for health reasons.
G. EXECUTIVE SESSION; (ITEMS 2 - 4)
Mayor Martinez referred to Executive Session Item Nos. 2, 3, and 4. The
council went into executive session.
2. Executive session pursuant to Texas Government Code Section
551.071 to consult with attorneys regarding contemplated litigation
related to the city wastewater treatment plants, with possible
discussion and action in open session.
This executive session item was discussed.
3. Executive session pursuant to Section 551.087 of the Texas
Government Code to deliberate regarding confidential commercial or
financial information received from Staples Center Retail Venture, LP,
a business prospect that the City Council seeks to have locate, stay or
expand in the territory of the City and with which the City is conducting
economic development negotiations, and to deliberate possible offers
of financial or other incentives to said business prospect, with possible
discussion and action in open session.
This executive session item was discussed.
4. Executive session pursuant to Section 551.071(1)(A) of the Texas
Government Code for consultation with attorneys regarding Civil
Action No. 2 -12 -cv -00217 styled United States of America v. The City
of Corpus Christi, Texas presently pending in the United States District
Court for the Southern District of Texas, Corpus Christi Division,with
possible discussion and action in open session.
This executive session item was discussed.
The council returned from executive session. Mayor Martinez announced that
no action would be taken on the executive session items.
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H. MINUTES:
5. Approval of Regular Council Meeting of April 9, 2013 and Workshop
Meeting of April 16, 2013.
A motion was made by Council Member Allen, seconded by Council Member
McIntyre to approved the minutes as presented and passed.
f. BOARDS & COMMITTEE APPOINTMENTS: (NONE)
K. CONSENT AGENDA: (ITEMS 6-18)
Mayor Martinez referred to the Consent Agenda, Items 6 -18. Mayor Martinez
asked for council and public comment and there was none. The items were
approved by one vote:
6. Lease Purchase of a pneumatic roller for street repair projects
Motion approving the lease purchase of one (1) Caterpillar Pneumatic
Roller from Holt Cat Machinery, Corpus Christi, TX for a total amount
of $112,183.00. 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. This unit is a
replacement to the fleet. Funds for the lease purchase of the roller will
be provided by the City's lease purchase financing program.
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 Ricjas and Council Member Garza
Abstained: 0
Enactment No: M2013 -066
7. Service agreement for the printing, processing and mailing of
utility bills
Motion awarding a service agreement with QuestMark Information
Management Inc., of Houston Texas, to provide printing, processing
and mailing of utility bill services, based on lowest responsible bid, for
an estimated three year expenditure of $307,905.84 of which
$25,658.82 is required for the remainder of this fiscal year. The term
of the contract will be for thirty-six months, with two, twelve month
automatic extensions. Funding is available in the Utility Business
Office Operations Budget of the Finance Department for fiscal year
12113.
The foregoing motion was passed and approved with the following vote:
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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 -067
8. Supply agreement for lease of computers for City use
Motion approving a supply agreement with Dell Financial Services,
Round Rock, Texas for lease of approximately 400 desktop
computers, 200 laptop computers, 44 servers, and other computer
peripherals and related products in accordance with the State of
Texas cooperative purchasing program and the City's Master Lease
Agreement No. 6656492 for an estimated expenditure of
$1,011,500.93. The term of the contract will be for twelve months with
an option 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 using departments in FY
2012 -13.
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 -068
9. Supply agreement for chemicals to be used for odor control at
wastewater treatment facilities
Motion approving a supply agreement with Pencco, Inc., San Felipe,
Texas for approximately 300,000 gallons of ferrous sulfate in
accordance with Bid Invitation No. BI- 0124 -13 based on lowest
responsible bid for an estimated twelve month expenditure of
$308,200 of which $102,733.33 is required for FY 2012- 2013.The
term of the supply agreement will be for twelve months with an option
to extend for up to two additional twelve -month periods subject to the
approval of the supplier and the City Manager or designee. Funds are
available in the Wastewater Operations Budget in FY2012 -2013.
The foregoing motion was passed and approved with the following vote:
Aye: 9- Council Member Allen, Council Member Leal, Council Member Loeb,
Mayor Martinez, Council Member Scott, Council Member Magill, Council
Member McIntyre, Council Member Riojas and Council Member Garza
Abstained. 0
Enactment No: M2013 -069
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10. Supply agreement for office supplies, equipment and furniture
Motion approving a supply agreement with Gateway Printing and
Office Supply, Inc., Corpus Christi, TX for office supplies, equipment
and furniture, based on lowest local bid, in accordance with Rid
Invitation No. BI- 0245 -12, for an estimated annual expenditure of
$549,737.29, of which $137,434.32 is required for the remainder of FY
2012 -2013. The term of the agreement will be for one year with an
option to extend for up to four additional one -year periods subject to
the approval of the supplier and the City Manager or designee. Funds
have been budgeted by using departments in FY 2012 -2013.
The foregoing motion was passed and approved with the following vote:
Aye: 9- Council Member Allen, Council Member Leal, Council Member Loeb,
Mayor Martinez, Council Member Scott, Council Member Magill, Council
Member McIntyre, Council Member Riojas and Council Member Garza
Abstained: 0
Enactment No; M2013 -070
11. Engineering design contract amendment no. 4 for Citywide
Hydraulic Model - Sanitary Sewer Overflow Initiative
Motion authorizing the City Manager, or designee, to execute
Amendment No. 4 to the Contract for Professional Services with
Pipeline Analysis, LLC, of Garland, Texas in the amount of
$179,251.00, for a restated fee not to exceed $2,342,979.00 for
Citywide Hydraulic Model Sanitary Sewer Overflow Initiative (SSOI).
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 -071
12. Architectural design contract for tennis center repairs and
upgrades for HEB and All Kruse tennis centers (Bond Issue 2012)
Motion authorizing the City Manager, or designee, to execute a
Contract for Professional Services with CLK Architects & Associates,
Inc. of Corpus Christi, Texas in the amount of $204,700.00, for Tennis
Center Repairs and Upgrades - HER and Al Kruse, for design, bid,
and construction phase services BOND ISSUE 2012.
The foregoing motion was passed and approved with the following vote:
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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 -072
13. Engineering design contract for park development and
improvements at Bill WittlOso Creek Park (Bond Issue 2092)
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 $156,780.00, for Community
Park Development and Improvements for design, bid, and
construction phase services BOND ISSUE 2012.
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 -073
14. Interlocal agreement for oil spill training and equipment storage
at the marina
Resolution authorizing the City Manager or designee to execute an
Interlocal Agreement with Texas A &M University - Corpus Christi
regarding Corpus Christi Marina operations
The foregoing resolution was passed and approved with the following vote:
Aye. 9- Council Member Allen, Council Member Leal, Council Member Loeb,
Mayor Martinez, Council Member Scott, Council Member Magill, Council
Member McIntyre, Council Member Riojas and Council Member Garza
Abstained: 0
Enactment No: 029794
15. Second Reading Ordinance - A change of zoning from the "RS -6"
Single - Family 6 District to the "CG -2" General Commercial
District on Tract 1 and the "CN -1" Neighborhood Commercial
District on Tract 2, on property located at 6810 South Staples
Street (1st Reading 419113)
Case No, 0313 -02 HEB Grocery Company, LP A change of zoning
from the "RS -6" Single - Family 6 District to the "CG -2" General
Commercial District on 15.73 acres (Tract 1) and to the "CN -1"
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Neighborhood Commercial District on 5.48 acres (Tract 2), resulting in
a change of future land use from low density residential and medium
density residential to commercial. The property to be rezoned is
described as being a 21.21 -acre tract of land out of Lots 17 and 18,
Section 11, Flour Bluff and Encinal Farm and Garden Tracts, located
on the southeast corner of Timbergate Drive and South Staples Street
(FM 2444).
Planning Commission and Staff Recommendation March 13 2013):
Approval of the change of zoning from the "RS -6" Single - Family 6
District to the "CG -2" General Commercial District on Tract 1 and the
"CN -1" Neighborhood Commercial District on Tract 2.
Ordinance
Ordinance amending the Unified Development Code ( "UDC ") upon
application by HEB Grocery Company, LP ( "Owner "), by changing the
UDC Zoning Map in reference to a 21.21 -acre tract of land out of Lots
17 and 18, Section 11, Flour Bluff and Encinal Farm and Garden
Tracts, from the "RS -6" Single - Family 6 District to the "CG -2" General
Commercial District on Tract 1 and the "CN -1" Neighborhood
Commercial District on Tract 2; 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: 029795
16. Second Reading Ordinance - A request for a Special Permit Time
Extension for an additional 12 months, on property located at
2217 Flour Bluff Drive (1st Reading 419113)
Case No. 0711 -02 Si ifredo Montema or: A request for a Special
Permit Time Extension for an additional 12 months. The property to be
rezoned is described as Flour Heights, Block 1, Lot 22, located along
the east side of Flour Bluff Drive approximately 350 feet north of
Purdue Road.
Planning Commission and Staff Recommendation (March 13,2012)
Approval of the requested Special Permit time extension for an
additional 12 months.
Ordinance
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Ordinance amending Ordinance No. 029355, upon application by
Sigifredo Montemayor, acting as custodian agent on behalf of Edward
Montemayor and Mearary Iveth Montemayor ( "Owners "), by adding a
12 -month time extension to the special permit time limit initially
approved; 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: 029796
17. Second Reading Ordinance - Approval of Type A grant for federal
grant application to locate an Unmanned Aerial Systems test
range in the City; amending the budget, and appropriating the
funds (1st Reading 419113)
Ordinance approving a Business Incentive Agreement between the
Corpus Christi Business and Job Development Corporation ( "Type A
Corporation ") and Texas A &M University- Corpus Christi ( "TAMU -CC")
to provide a grant of up to $600,000 for an application to the Federal
Aviation Administration (FAA) to locate an Unmanned Aerial Systems
(UAS) test range in Corpus Christi, Texas, and authorizing the City
Manager, or designee, to execute a Business Incentive Project
Support Agreement with the Type A Corporation regarding
implementation and administration of the TAMU -CC Business
Incentive Agreement; amending the budget to allow for this funding of
up to $600,000 from the Unreserved Fund balance in the No. 1140
Business /Job Development Fund and appropriating up to $600,000 to
the Unreserved Fund Balance in the No. 1140 Business /Job
Development Fund.
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: 029797
18. Second Reading Ordinance - Construction contract for Saluki
Street rehabilitation; amending capital improvement budget to
add project and account for expenditures (1st Reading 419113)
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Ordinance amending the FY 2013 Capital Improvement Budget
adopted by Ordinance No. 029565 to add Project No. E12053 Saluki
Street Rehabilitation Project; increasing expenditures in the amount of
$60,000; and executing a construction contract with J. Carroll Weaver,
Inc. of Sinton, Texas in the amount of $192,479.50 for the Base Bid of
Saluki Street Rehabilitation Project.
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: 029798
L. PUBLIC HEARINGS: ITEMS 19 - 25
19. Public Hearing and Resolution adopting the 5 Year Consolidated
Action Plan for housing and homeless needs
Resolution adopting the fiscal year (FY) 2013- FY2017 5 Year
Consolidated Action Plan. (PLAN) which includes the Community
Development Block Grant (CDBG), the Emergency Solutions Grant
(ESG), and the HOME Investment Partnerships Programs (HOME);
authorizing the City Manager or designee to submit the
FY2013- FY2017 PLAN to the U.S. Department of Housing and Urban
Development (HUD); and authorizing the City Manager or designee to
make changes to the FY2013- FY2017 PLAN if required by HUD.
Mayor Martinez opened the Public Hearing on Item No. 19. Eddie Ortega,
Director of Neighborhood Services stated this item is a Public Hearing and
Resolution adopting the Fiscal Year 2013 -2017 Five -Year Consolidated Action
Plan, which includes the Community Development Block Grant, Emergency
Solutions Grant, and the HOME Investment Partnerships Program.
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 public. A motion was made by Council Member Leal, seconded by Council
Member Magill to close the public hearing and passed.
The foregoing resolution was passed and approved with the following vote:
Aye: 9- Council Member Allen, Council Member Leal, Council Member Loeb,
Mayor Martinez, Council Member Scott, Council Member Magill, Council
Member McIntyre, Council Member Riojas and Council Member Garza
Abstained: 0
Enactment No: 029799
20. Public Hearing and First Reading Ordinance - Adopting the
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Consolidated Annual Action Plan for housing and homeless
needs
Ordinance to adopt the fiscal year (FY) 2013 -2014 Consolidated
Annual Action Plan (CARP), for the Community Development Block
Grant (CDBG), the Emergency Solutions Grant (ESG), and the HOME
Investment Partnerships (HOME) Programs; to authorize the City
Manager or designee to submit the FY2013- FY2014 CAAP to the U.S.
Department of Housing and Urban Development (HUD), and to amend
if required by HUD; to authorize the City Manager or designee to
execute all documents necessary to accept and appropriate upon
receipt the grants from HUD into the Grant Fund No. 1059 for the
approved FY2013 -2014 CAAP projects and further to execute funding
agreements and all other documents necessary to implement the
FY2013 -2014 CAAP with organizations for approved projects; and to
ratify the ESG funding agreements and other applicable
implementation documents to be effective as of August 1, 2013.
Mayor Martinez opened the public hearing on Item No. 20. Eddie Ortega,
Director of Neighborhood Services stated that this is a Public Hearing and First
Reading Ordinance adopting the Fiscal Year 2013 -2014 Consolidated Annual
Action Plan for the Community Development Block Grant (CDBG), Emergency
Solutions Grant (ESG), and the HOME Investment Partnerships programs. Mr.
Ortega stated that the proposed allocation for CDBG is $2,462,699; ESG
allocation is $251,306; and HOME Investment Partnership Program allocation is
$979,141. He added that the evaluation criteria used was 1) alignment of the
Neighborhood Services Department Five Year Consolidated Action Plan, 2)
clarity and completion of RFP, 3) administrative and financial capacitylpriority,
4) project readiness, 5) collaboration /leverage, and 6) timely use of prior and
current year funds.
A motion was made by Council Member Scott, seconded by Council Member
McIntyre to open the public hearing and passed. Abel Alonzo, thanked the
staff for addressing the issues related to ADA compliance. A motion was made
by Council Member Magill, seconded by Council Member Scott to close the
public hearing and passed.
Mayor Martinez read the allocation amounts for CDBG, ESG, and HOME
Investment Partnership programs. After discussion, a motion was made by
Council Member McIntyre to reduce the funding for CDBG Project No. 9, ADA
Improvement by $96,700 and fund the following projects in the following
amounts: CDBG Project No. 15, Ethel Eyerly Senior Center Fire Alarm System -
$22,600; CDBG Project No. 19, Lindale Senior Center Fire Alarm System -
$24,900; CDBG Project No. 20, Greenwood Senior Center Fire Alarm System -
$24,900; and CDBG Project No. 25, Northwest Senior Center Fire Alarm System
- $24,300. The motion was seconded by Council Member Magill and passed
with the following vote: Martinez, Allen, Garza, Leal, Loeb, McIntyre, Magill,
Rlojas voting "Aye"; Scott was "Absent ".
The foregoing ordinance was passed and approved on first reading as
amended with the following vote:
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Aye: 8- Council Member Allen, Council Member Leal, Council Member Loeb,
Mayor Martinez, Council Member Scott, Council Member Magill, Council
Member Riojas and Council Member Garza
Absent: 1 - Council Member McIntyre
Abstained: 0
21. Public Hearing and First Reading Ordinance - Rezoning from
Residential to Office for Minerva V. Muro for property located at
2529 Nemec Street
Case No. 1212 -01 Minerva V. Muro A change of zoning from the
"RS -6" Single- Family 6 District to the "ON" Office District, resulting in a
change of future land use from medium density residential to
professional office. The property to be rezoned is described as Lot 5,
Block 2, Nemec Addition, located on the southwest corner of Nemec
Street and Dodd Drive.
Planning Commission and Staff Recomme (March 27. 2013):
Denial of the change of zoning from the "RS -6" Single - Family 6 District
to the "ON" Office District and, in lieu thereof, approval of the
"RS-6 /SP" Single - Family 6 District with a Special Permit subject to a
site plan and conditions.
Ordinance
Ordinance amending the Unified Development Code ( "UDC ") upon
application by Minerva V. Muro ( "Owner " ), by changing the UDC
Zoning Map in reference to Lot 5, Block 2, Nemec Addition, from the
"RS -6" Single - Family 6 District to the "RS-6 /SP" Single - Family 6
District with a Special Permit; amending the Comprehensive Plan to
account for any deviations; and providing for a repealer clause and
publication.
Mayor Martinez referred to Item No. 21. Mark Van Vleck, Director of
Development Services stated that the purpose of this zoning request is to
allow for office use. He displayed an aerial map depicting the location of the
property and stated that the Planning Commission and Planning Staff
recommend denial of the zoning change and, in lieu thereof recommend
approval of an "RS -61SP" Single- Family 6 District with a Special Permit.
A motion was made by Council Member Garza, 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 Magill, seconded by
Council Member Scott to close the public hearing and passed.
The foregoing ordinance was passed and approved on first reading with the
following vote:
Aye: 8- Council Member Allen, Council Member Leal, Council Member Loeb,
Mayor Martinez, Council Member Scott, Council Member Magill, Council
Member Riojas and Council Member Garza
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Absent: 1 - Council Member McIntyre
Abstained: 0
Enactment No: 029805
22. Public Hearing and First Reading Ordinance - Rezoning from
Residential to Industrial Elizabeth Anne Meaney for property
located at 8801 State Highway 44
Case fro. 0313 -01 _Elizabeth Anne„ Meanev A change of zoning from
the "RS -6" Single - Family 6 District to the "IL/SP" Light Industrial
District with a Special Permit for the wholesale storage and distribution
of fuels and lubricants, not resulting in a change to the Future Land
Use Map. The property being rezoned is described as being an
18.25 -acre tract of land out of the G. H. McLeroy 40 -acre tract and
being out of Survey 402, Thomas Gallagher Abstract 988 and the
James W. Ward Abstract 1031, located on the south side of State
Highway 44, approximately 110 feet east of South Clarkwood Road.
Staff Recommendation:
Denial of the change of zoning from the "RS -6" Single - Family 6 District
to the "ILISP" Light Industrial District with a Special Permit, and in lieu
thereof, approval of the "IL" Light Industrial District.
Planning Commission Recommendation March 27 2013):
Approval of the change of zoning from the "RS -6" Single- Family 6
District to the "ILISP" Light Industrial District with a Special Permit
subject to a site plan and conditions.
Ordinance
Ordinance amending the Unified Development Code ( "UDC ") upon
application by Elizabeth Anne Meaney ( "Owner"), by changing the
UDC Zoning Map in reference to an 18.25 -acre tract of land out of the
G. H. McLeroy 40 -acre tract and being out of Survey 402, Thomas
Gallagher Abstract 988 and the James W. Ward Abstract 1031, from
the "RS -6" Single - Family 6 District to the "ILISP" Light Industrial
District with a Special Permit; amending the Comprehensive Plan to
account for any deviations; and providing for a repealer clause and
publication.
Mayor Martinez referred to Item No. 22. Mark Van Vleck, Director of
Development Services stated that the purpose of this zoning request is to
allow the property to allow light industrial uses plus the wholesale storage of
fuels and lubricants. He added that the Planning Commission is
recommending approval of the change of zoning from Single - Family 6 District
to the Light Industrial District with a Special Permit, and the Planning Staff
recommendation is denial of the change of zoning from the Single - Family 6
District to the Light Industrial District with a Special Permit, and in lieu thereof,
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approval of the Light Industrial District. A motion was made by Council
Member Magill, seconded by Council Member Scott to close the public hearing
and passed.
A motion was made by Council Member Leaf, seconded by Council Member
Scott to open the public hearing and passed. Abel Alonzo spoke in opposition
to the zoning change due to concerns that it would lower the value of the
homes in the area; Alexandra Camacho also spoke in opposition to the zoning
request.
After discussion, a motion was made by Council Member Loeb to table to May
14, 2013, seconded by Council Member Scott and passed with the following
vote:
Aye: 8- Council Member Allen, Council Member Leal, Council Member Loeb,
Mayor Martinez, Council Member Scott, Council Member Magill, Council
Member Riojas and Council Member Garza
Absent: 1 - Council Member McIntyre
Abstained. 0
23. Public Hearing and First Reading Ordinance - Rezoning from
Residential to Commercial for Hernando Ariza Soto for property
located at 12337 Leopard Street
Case No. 0313 -03 Hernando Ariza Soto A change of zoning from the
"RS -6" Single- Family 6 District to the "CG -2" General Commercial
District, resulting in a change to the Future Land Use Map from low
density residential to commercial. The property to be rezoned is
described as being a 0.482 -acre tract of land out of a 1.804 -acre tract
of land out of Tract 12, Fallin's Riverside Subdivision, located on the
south side of Leopard Street, approximately 300 feet west of Rehfeld
Road.
Planning Commission and Staff Recommendation (March 27, 2013)•
Approval of the change of zoning from the "RS -6" Single - Family 6
District to the "CG -2" General Commercial District.
Ordinance
Ordinance amending the Unified Development Code ( "UDC ") upon
application by Hernando Ariza Soto, acting as agent on behalf of 9292
Enterprises, LLC ( "Owner'), by changing the UDC Zoning Map in
reference to a 0.482 -acre tract of land out of a 1.804 -acre tract of land
out of Tract 12, Fallin's Riverside Subdivision, from the "RS -6"
Single- Family 6 District to the "CG -2" General Commercial District;
amending the Comprehensive Plan to account for any deviations; and
providing for a repealer clause and publication.
Mayor Martinez referred to Item No. 23. Mark Van Vleck, Director of
Development Services stated that the purpose for this zoning request is to
allow the property to allow general commercial uses and apartments. He
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added that the Planning Commission and Staff recommend approval of the
change of zoning from the "RS-6" Single - Family 6 District to the "CG -2"
General Commercial District.
A motion was made by Council Member Scott, seconded by Council Member
McIntyre 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 Scott to close the public hearing and passed.
The foregoing ordinance was passed and approved on first reading with the
following vote:
Aye: 8- Council Member Allen, Council Member Loeb, Mayor Martinez, Council
Member Scott, Council Member Magill, Council Member McIntyre, Council
Member Riojas and Council Member Garza
Absent: 1 - Council Member Leal
Abstained: 0
Enactment No: 029806
24. Public Hearing and First Reading Ordinance - Rezoning from
Commercial to Residential for George Shaheen for property
located at 7953 South Staples Street
Case No. 0313 -04 Geor a Shaheen: A change of zoning from the
"CN -1" Neighborhood Commercial District to the "RS -4.5"
Single - Family 4.5 District, resulting in a change of future land use from
commercial to low density residential. The property to be rezoned is
described as being a 3.136 -acre tract of land out of Lot 1 B, Block 1,
King's Crossing West Unit 1, located along the north side of Oso
Parkway, approximately 220 feet west of South Staples Street (FM
2444).
Planning Commission and Staff Recommendation (March 27, 2013)
Approval of the change of zoning from the "CN -1" Neighborhood
Commercial District to the "RS -4.5" Single- Family 4.5 District.
Ordinance
Ordinance amending the Unified Development Code ( "UDC ") upon
application by George Shaheen, acting as agent on behalf of FM
2444 & Oso, LP ( "Owner"), by changing the UDC Zoning Map in
reference to a 3.136 -acre tract of land out of Lot 1 B, Block 1, Replat
No. 1, King's Crossing West Unit 1, from the "CN -1" Neighborhood
Commercial District to the "RS -4.5" Single- Family 4.5 District;
amending the Comprehensive Plan to account for any deviations; and
providing for a repealer clause and publication.
Mayor Martinez referred to Item No. 24. Mark Van Vleck, Director of
Development Services stated that the purpose of this zoning request is to
allow for single - family residential uses on 4,500 square -foot lots. He stated
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that the property is located on King's Crossing West Unit 4, along the north
side of Oso Parkway, approximately 220 feet west of South Staples. Mr. Van
Vleck stated that the Planning Commission and Staff recommend approval
from the "CN -1" Neighborhood Commercial District to the "RS -4.5" Single
Family 4.5 District.
A motion was made by Council Member Garza, seconded by Council Member
Allen to open the public hearing and passed. There were no comments. A
motion was made by Council Member Magill, seconded by Council Member
McIntyre to close the pubilc hearing and passed.
The foregoing ordinance was passed and approved on first reading with the
following vote:
Aye: 8- Council Member Allen, Council Member Loeb, Mayor Martinez, Council
Member Scott, Council Member Magill, Council Member McIntyre, Council
Member Riojas and Council Member Garza
Absent: 1 - Council Member Leal
Abstained: 0
Enactment No: 029807
25. Public Hearing and First Reading Ordinance - Rezoning from
Manufactured Home to Residential for The Lakes at King Estates,
Inc. for property located at 1937 Division Road
Case No. 0313 -05 The Lakes at King Estates Inc.: A change of
zoning from the "RMH" Manufactured Home District to the "RS -4.5"
Single - Family 4.5 District, not resulting in a change to the Future Land
Use Map. The property to be rezoned is described as being a
24.93 -acre tract of land out of Lots 8 and 9, Section 40, Flour Bluff
and Encinal Farm and Garden Tracts, located west of Flour Bluff Drive
at the west end of Antoinette Drive and south of the Holly Road
extension.
. Planning Commission and Staff Recommendation March 27 2013):
Approval of the change of zoning from the "RMH" Manufactured Home
District to the "RS -4.5" Single - Family 4.5 District.
Ordinance
Ordinance amending the Unified Development Code ( "UDC ") upon
application by The Lakes at King Estates, Inc. ( "Owner "), by changing
the UDC Zoning Map in reference to a 24.93 -acre tract of land out of
Lots 8 and 9, Section 40, Flour Bluff and Encinal Farm and Garden
Tracts, from the "RMH" Manufactured Home District to the "RS -4.5"
Single- Family 4.5 District; amending the Comprehensive Plan to
account for any deviations; and providing for a repealer clause and
publication.
Mayor Martinez referred to Item No. 25. Mark Van Vleck, Director of
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Development Services stated that the purpose for this zoning request is to
allow for development of a single-family subdivision with a minimum lot size of
4,500 square feet. He stated that the property is located west of Flour Bluff
Drive at the west end of Antoinette Drive and south of the Holly Road
extension. Mr. Van Vleck stated that the Planning Commission and Staff
recommend approval of the zoning from the "RMH' Manufactured Home
District to the "RS -4.5" Single - Family 4.5 District.
A motion was made by Council Member McIntyre, seconded by Council
Member Magill 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 McIntyre to close the public hearing and passed.
The foregoing ordinance was passed and approved on first reading with the
following vote:
Aye: 8- Council Member Allen, Council Member Loeb, Mayor Martinez, Council
Member Scott, Council Member Magill, Council Member McIntyre, Council
Member Riojas and Council Member Garza
Absent: 1 - Council Member Leal
Abstained: 0
Enactment No: 029808
M. REGULAR AGENDA: ITEMS 26 - 30
26. Request by Petitioners to repeal Ordinance No. 029791 regarding
the frequency of testing for residential irrigation backflow
devices
Ordinance considering a request by petitioners, pursuant to Article f,
Section 4 of the City Charter to repeal Ordinance No. 029791 which
amended the Code of Ordinances, Chapter 14 regarding the
frequency of testing for residential irrigation backflow devices;
repealing adopted ordinance; providing for publication; and declaring
an emergency.
Mayor Martinez referred to Item No. 26. Armando Chapa, City Secretary stated
that this item relates to a request filed by petitioners asking the Council to
repeal Ordinance No. 029791 regarding the frequency of testing requirements
for residential irrigation backflow devices. He added that through the
referendum process in the City Charter, citizens have the right to ask Council
to reconsider ordinances. Mr. Chapa explained that if the Council does not
repeal the ordinance, petitioners have 90 days to file a valid petition containing
at least 5% of the registered voters. He added that if a valid petition is filed
within 60 days, the effectiveness of the ordinance is suspended and an
election is called at the next available uniform election date under State law.
Mr. Chapa stated that if the petition is filed after 60 days, but still within the 90
day deadline, the ordinance remains in affect and an election is called at the
next regular City Council election.
Mayor Martinez asked for comments from the audience. The following citizens
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spoke: Abel Alonzo referred to the cost of an election and stated that this is a
safety and health issue and urged the council to reconsider; Jaime Garcia
addressed several issues relating to water quality and expressed support for
annual testing; Buck Robinson spoke of several issues relating to water quality
and cross connection and expressed support for annual testing; and John
Collins also expressed support for annual testing.
An emergency was declared and the foregoiong ordinance failed with the
following vote:
Aye: 3- Council Member Leal, Mayor Martinez and Council Member Garza
Nay: 6- Council Member Allen, Council Member Loeb, Council Member Scott,
Council Member Magill, Council Member McIntyre and Council Member
Riojas
Abstained: 0
Enactment No:
27. Second 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 (1.st Reading 3119113)
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.
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: 029800
28. Agreement for temporary tax abatement for the development
located in the 800 block of Carancahua Street
Resolution authorizing the execution of an agreement with 164
Corpus, Ltd. (Bay Vista I I Apartments) providing for temporary
property tax abatement.
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The foregoing resolution was passed and approved with the following vote:
Aye: 9- Council Member Allen, Council Member Leal, Council Member Loeb,
Mayor Martinez, Council Member Scott, Council Member Magill, Council
Member McIntyre, Council Member Riojas and Council Member Garza
Abstained: 0
Enactment No: 029801
29. Chapter 380 Agreement for development of an iron and steel
facility
Resolution authorizing the City Manager or designee to execute a
Chapter 380 Economic Development Incentive Agreement with
voestalpine Texas LLC ( "Agreement ") for certain economic
development grants for development of an iron and steel facility within
the City's extraterritorial jurisdiction and for construction of docks
potentially within the Corpus Christi city limits for the benefit of the
City.
The foregoing resolution was passed and approved with the following vote:
Aye: 8- Council Member Allen, Council Member Leal, Council Member Loeb,
Mayor Martinez, Council Member Scott, Council Member McIntyre,
Council Member Riojas and Council Member Garza
Abstained: 1 - Council Member Magill
Enactment No: 029802
30. Resolution requesting State legislation allowing local
governments the option to generate revenue for street repair and
maintenance with additional financing tools
Resolution encouraging the 83rd Texas Legislature to enact legislation
authorizing municipalities to generate revenue to fund street repair
and maintenance, through local option vehicle registration fees,
gasoline taxes or other mechanism.
Mayor Martinez referred to Item No. 30. Tom Tagliabue, Director of
Intergovernmental Relations stated that this is a Resolution informing the
Legislature that the Council supports a local option funding for transportation
through registration fees, gasoline taxes or other mechanism to fund street
repair and maintenance.
After a short discussion, Council Member Leal made a motion to corrrect the
Street Maintenance amount to include the current amount in the Resolution,
seconded by Council Member Magill and passed with the following vote:
Martinez, Alien, Garza, Leal, Loeb, McIntyre, Magill, Riojas, and Scott.
The foregoing resolution was passed and approved as amended with the
following vote:
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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: 029803
N. FIRST READING ORDINANCES: (ITEMS 31 - 48)
31. First Reading Ordinance - Accepting and appropriating State
grant funds for Click It or Ticket program
Ordinance authorizing the City Manager or designee to execute all
documents necessary to accept a grant in the amount of $23,992.90
from the State of Texas, Department of Transportation for the FY2013
Click It Or Ticket program grant; and appropriating the $23,992.90 in
the No. 1061 Police Grants Fund
The foregoing ordinance was passed and approved on first reading with the
following vote:
Aye: 9- Council Member Allen, Council Member Leal, Council Member Loeb,
Mayor Martinez, Council Member Scott, Council Member Magill, Council
Member McIntyre, Council Member Riojas and Council Member Garza
Abstained: 0
Enactment No: 029809
32. First Reading Ordinance - Waiving permit requirements, fees, and
inspections for "Lemonade Day Corpus Christi" scheduled
events
Ordinance authorizing the Corpus Christi - Nueces County Public
Health District to waive all permit requirements, including fees and
required inspections for participating children and youth for
"Lemonade Day Corpus Christi" scheduled events.
The foregoing ordinance was passed and approved on first reading with the
following vote:
Aye: 9- Council Member Allen, Council Member Leal, Council Member Loeb,
Mayor Martinez, Council Member Scott, Council Member Magill, Council
Member McIntyre, Council Member Riojas and Council Member Garza
Abstained: 0
Enactment No: 029810
33. First Reading Ordinance - Approving Grant Amendment to extend
contract period and increase funding for Women, Infants and
Children (WIC) program
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Ordinance authorizing the City Manager, or his designee, to execute
all documents necessary to accept and appropriate a six month grant
extension amendment in the. amount of $464,069 from the Texas
Department of State Health Services in the Health Grant Fund No.
1066, to provide funds for the Women, Infants, and Children (WIC)
program for the extended contract period of April 1, 2013 thru
September 30, 2013; and to ratify acceptance of the grant extension
amendment to begin as of February 26, 2013.
The foregoing ordinance was passed and approved on first reading with the
following vote:
Aye: 9- Council Member Allen, Council Member Leal, Council Member Loeb,
Mayor Martinez, Council Member Scott, Council Member Magill, Council
Member McIntyre, Council Member Riojas and Council Member Garza
Abstained: 0
Enactment No: 029811
34. First Reading Ordinance - Amending lease agreement for
additional baseball fields at Greenwood 1 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.
Mayor Martinez referred to Item No. 34. Mr. Michael Morris, Director of Parks
and Recreation stated that this item is amending the lease agreementwith
International Westside Baseball League for additional baseball field at
Greenwood/Horne Youth Sports Complex. Mayor Martinez asked for
comments fromt the audience and the following citizens spoke. Jerry Garcia,
Mr. Malanger, Ruben Riojas and Mr. Oliver.
After discussion, a motion was made by Council Member Loeb directing staff
to 1) execute a lease with Ruben Riojas and International Westside for the
facility contingent upon reserving days for the High School Summer League
for the two large fields and City tournaments days each year for the term of the
lease; 2) ability for the City and Mr. Ruben Riojas to store equipment and
concessions onsite; 3) and that City staff and Mr, Riojas work out an
agreement on how to share the expense maintenance, seconded by Council
Member Leal and passed with the following vote: Martinez, Allen, Garza, Leal,
Loeb, McIntyre, Magill, Riojas, and Scott voting "Aye ".
Mr. Olson asked for clarity on the action for this item and there was a
consensus of the Council to bring the item back once it has been negotiated.
This Ordinance was tabled.
35. First Reading Ordinance - Increasing Beach Parking Permit
budget to expand beach parking permit sales
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Ordinance appropriating $50,000 in additional revenues from sales of
Beach Parking Permits in the No. 1020 General Fund to be used for
Beach Parking Permit Program; changing the FY 2012 -2013
Operating Budget adopted by Ordinance No. 029577 to increase
revenues and expenditures by $50,000 each.
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 Member Allen
Abstained: 0
Enactment No: 029812
36. First Reading Ordianance - Amending City code for Commission
on Children and Youth membership
Ordinance amending the Code of Ordinances regarding membership
of Corpus Christi Commission on Children and Youth.
The foregoing ordinance was passed and approved on first reading with the
following vote:
Aye: 7- Council Member Leal, Council Member Loeb, Mayor Martinez, Council
Member Magill, Council Member McIntyre, Council Member Riojas and
Council Member Garza
Absent: 2- Council Member Allen and Council Member Scott
Abstained: 0
Enactment No: 029813
37. First Reading Ordinance - Amending City code to correct existing
speed limit boundaries on McArdle Road
Ordinance amending Section 53 -254 of the code of ordinances to
rectify the existing speed limit boundaries on McArdle Road.
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: 029814
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38. First Reading Ordinance - Amending City code to set speed limits
on Hazel Bazemore Road (CR 69)
Ordinance amending Section 53 -254 of the Code of Ordinances to set
the speed limit to 55 mph on Hazel Bazemore Road (County Road 69)
between FM 624 and County Road 52; providing for penalties;
providing for severance; and providing for publication.
The foregoing ordinance was passed and approved on first reading with the
following vote:
Aye: 9- Council Member Allen, Council Member Leal, Council Member Loeb,
Mayor Martinez, Council Member Scott, Council Member Magill, Council
Member McIntyre, Council Member Riojas and Council Member Garza
Abstained: 0
Enactment No: 029815
39. First Reading Ordinance - Amending City code to establish speed
limit designation on Interstate Highway 69 (US 77) and Interstate
Highway 37 frontage roads
Ordinance amending Section 53 -254 of the Code of Ordinances to
establish the following speed limits: (a) 55 MPH on the Northbound IH
37 Frontage Road between Sharpsburg Road and the north city limit
line; (b) 55 MPH on the Southbound IH 37 Frontage Road between
the north city limit line and Redbird lane; (c) 45 MPH on the
Southbound IH 69 (US 77) Frontage Road between Redbird lane and
the south city limit line; and (d) 45 MPH on the Northbound IH 69 (US
77) Frontage Road between the south city limit line and the crossover
to North IH 37 Frontage Road; providing for penalties; providing for
severance; and providing for publication.
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: 029816
40. First Reading Ordinance - Appropriate funds for Capital
equipment purchase at Corpus Christi International Airport
Ordinance appropriating $125,000 from the Unreserved Fund Balance
in Airport Fund No. 4610 for purchase of airport capital equipment;
changing the FY 2012 -2013 Operating Budget adopted by Ordinance
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No. 029577 to increase appropriations by $125,000.
The foregoing ordinance was passed and approved on first reading with the
following vote:
Aye: 7- Council Member Allen, Council Member Leal, Mayor Martinez, Council
Member Magill, Council Member McIntyre, Council Member Riojas and
Council Member Garza
Absent: 2 - Council Member Loeb and Council Member Scott
Abstained: 0
Enactment No: 029817
41. First Reading Ordinance - Appropriating funds from Passenger
Facility Charge fund for payment of debt service associated with
airport improvements
Ordinance appropriating $850,981 from the unreserved fund balance
in Passenger Facility Charge Fund No. 4621 and transferring and
appropriating $664,118 into Airport 2012A Debt Service Fund No.
4640 and $186,863 into Airport 2012A Debt Service Fund 4641 for
debt service on airport improvements; amending the FY 2012 -2013
Capital Budget adopted by Ordinance No. 029565 to increase
appropriations by $850,981.
The foregoing ordinance was passed and approved on first reading with the
following vote:
Aye: 7- Council Member Allen, Council Member Leal, Mayor Martinez, Council
Member Magill, Council Member McIntyre, Council Member Riojas and
Council Member Garza
Absent: 2 - Council Member Loeb and Council Member Scott
Abstained: 0
Enactment No: 029818
42• First Reading Ordinance - Approving two farm lease agreements
at the Corpus Christi International Airport
Ordinance authorizing the City Manager, or designee, to execute 1) a
Farm Lease Agreement with Matt Danysh Farms, Inc. to lease and
farm approximately 870.703 acres of farm land located at the Corpus
Christi International Airport and 2) a Farm Lease Agreement with S &
S Farms Partnership to lease and farm approximately 591.374 acres
of farm land located at the Airport, both in consideration of an annual
payment to the City of $55 per leased acre, both for a term of five (5)
years.
The foregoing ordinance was passed and approved on first reading with the
following vote:
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Aye: 7- Council Member Allen, Council Member Leal, Mayor Martinez, Council
Member Magill, Council Member McIntyre, Council Member Rojas and
Council Member Garza
Absent: 2 - Council Member Loeb and Council Member Scott
Abstained: 0
Enactment No: 029819
43. First Reading Ordinance - Reimburse Jimmie and Barbara
Moretich for the wastewater development fees paid in 1993
Ordinance appropriating $3,143.60 from the No. 4220 Wastewater
Trunk System Trust Fund to refund Jimmie J. Moretich and Barbara A.
Moretich wastewater lot/acreage fees previously paid for Lot 7, Block
3, Farias Grant Subdivision and authorizing the City Manager or
designee to issue payment.
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: 029820
44. First Reading Ordinance - Reimburse developer for the
construction of a water line in Royal Creek Estates Unit 4
subdivision
Ordinance appropriating $18,171.34 from the No. 4030 Water
Distribution Main Trust Fund to reimburse MPM Development, L.P.
( "Developer"), for the construction of a 12 -inch water line in
accordance with the approved water arterial transmission and grid
main reimbursement agreement executed between the City and the
Developer.
The foregoing ordinance was passed and approved on first reading with the
following vote:
Aye: 9- Council Member Allen, Council Member Leal, Council Member Loeb,
Mayor Martinez, Council Member Scott, Council Member Magill, Council
Member McIntyre, Council Member Riojas and Council Member Garza
Abstained: 0
Enactment No: 029821
45. First Reading Ordinance - Appropriating funds to reimburse
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developer for the construction of Tortuga Dunes /Zahn
Road /Packery Channel wastewater lift station and force main
improvements
Ordinance appropriating $450,000 from the No. 4220 Sanitary Sewer
Trunk System Trust Fund to reimburse Forestar (USA) Real Estate
Group, Inc. ( "Developer') for the construction of the Tortuga
DuneslZahn Road /Packery Channel wastewater lift station and force
main improvements in accordance with the approved reimbursement
agreement executed with the Developer.
The foregoing ordinance was passed and approved on first reading with the
following vote:
Aye: 8- Council Member Allen, Council Member Leal, Council Member Loeb,
Mayor Martinez, Council Member Scott, Council Member Magill, Council
Member McIntyre and Council Member Riojas
Nay: 1 - Council Member Garza
Abstained: 0
Enactment No: 029822
46. First Reading Ordinance - Appropriating funds for the Energy
Efficiency Conservation Retrofit for Major City Facilities project;
changing the Capital Improvement Budget; and executing
Amendment No. 1 to the performance contract for energy audit
(Phase 2)
Ordinance appropriating $40,389 from AEP Program Incentives in the
No. 3160 City Hall CIP Fund for the Energy Efficiency Conservation
Retrofit for Major City Facilities project; changing the FY 2013 Capital
Improvement Budget adopted by Ordinance No. 029565 to increase
revenues and expenditures by $40,389 each; and authorizing the City
Manager, or designee, to execute Amendment No. 1 Technical Energy
Audit to the Fixed Price Energy Performance Contract (Design /Build)
with McKinstry Essention of Seattle, Washington for Energy Efficiency
Conservation Retrofit for Major City Facilities in the amount of
$125,000, for a total re- stated fee of $7,075,000.
The foregoing ordinance was passed and approved on first reading with the
following vote:
Aye: 8- Council Member Allen, 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
47. First Reading Ordinance - Appropriating funds related to the
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American Bank Center
Ordinance appropriating $250,000 received from SMG (under
contractual obligation to contribute capital for the American Bank
Center) in the No. 4710 Visitors Facility Fund for improvements to the
American Bank Center; Appropriating $277,247.91 from reserved fund
balance in the No. 4710 Visitors Facility Fund for American Bank
Center capital improvement expenditures; Appropriating $50,000 from
reserved fund balance in the No. 4710 Visitors Facility Fund for
capital and repair maintenance needs relating to the food and
beverage concessions at the American Bank Center; Appropriating
$119,364.25 from unreserved fund balance in the No. 1130 Arena
Facility Fund for repair maintenance needs at the Arena; changing the
FY 2012 -2013 Operating Budget adopted by Ordinance No. 029577 to
increase revenues by $250,000 and by increasing expenditures by a
total of $696,612.16.
The foregoing ordinance was passed and approved on first reading with the
following vote:
Aye: 8- Council Member Allen, 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: 029823
48. First Reading Ordinance - Appropriating funds in cable franchise
revenue for capital expenditures
Ordinance appropriating $165,491.99 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 Access
Channels; changing the FY 2012 -2013 Operating Budget adopted by
Ordinance No. 029577 to increase appropriations by $165,491.99_
The foregoing ordinance was passed and approved on first reading with the
following vote:
Aye: 9 - Council Member Allen, Council Member Leal, Council Member Loeb,
Mayor Martinez, Council Member Scott, Council Member Magill, Council
Member McIntyre, Council Member Riojas and Council Member Garza
Abstained: 0
Enactment No: 029824
O. FUTURE AGENDA ITEMS: ITEMS 49 - 56
Mayor Martinez referred to the Future Agenda, Items 49 through 56 and stated
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that these items are for informational purposes only and that no action or
public comment would be taken. Staff provided a presentation on Item 56.
49. Supply agreement for fire hydrants for new and replacement
installations
Motion approving a Supply Agreement with HD Supply Waterworks,
Corpus Christi, Texas for fire hydrants in accordance with Bid
Invitation No. BI- 0104 -13 based on lowest responsible bid for an
estimated annual expenditure of $114,139.70, of which $28,534.93 is
required for FY 2013. The term of the contract 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
designee. Funds are available from Warehouse Stores for FY
2012 -2013.
This Motion was recommended by Staff to the Consent Agenda.
Enactment No: M2013 -075
50. Service agreement for lead -based paint hazard consultant
Motion approving a service agreement with Jeff Zunker Specialty
Products, Inc. dba Astex Environmental Services, San Antonio, Texas
for lead -based paint hazard consultant services in accordance with
Request for Proposal (RI=P) No. BI- 0089 -13, based on lowest
responsible proposer for an estimated annual expenditure of $57,202.
The term of the service agreement will be for twelve months with and
an option to extend the agreement for up to two additional twelve
month periods, subject to the approval of the contractor and the City
Manager or designee. Funds have been budgeted by the
Neighborhood Services Department in FY 2012- 2013.
This Motion was recommended was Staff to the Consent Agenda.
Enactment No: M2013 -076
51. Purchase of Motor Starters for pumping system at Lake Texana
pump station
Motion approving the purchase of six (6) MX3 motor starters from
Curtiss Wright/Benshaw Flow Control Company of Pittsburgh, PA
based on sole source, for a total amount of $95,892.00. Funds are
budgeted in FY 12 -13 Water Fund.
This Motion was recommended by Staff to the Consent Agenda.
Enactment No: M2013 -077
52• Purchase of Security Access System for O.N. Stevens Water
Treatment Plant
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Motion approving the purchase of a security access system for the
O.N. Stevens Water Treatment Plant from Total Protection Systems,
Inc., Corpus Christi, TX, based on sole source, for the amount of
$297,178.68. Funds are available from the Water Dept. CIP Fund
No.4088.
This Motion was recommended by Staff to the Consent Agenda.
Enactment No: M2013 -078
53. Authorization to submit a grant application to State for motor
vehicle theft enforcement grant
Resolution authorizing the City Manager or designee to submit a grant
application in the amount of $640,040 to the Automobile Burglary
Theft Prevention Authority (ABTPA) to continue the motor vehicle theft
enforcement grant within the Police Department for Year 13 with a City
cash match of $468,495, in -kind match of $52,045, and program
income match of $7,359 for a total project cost of $1,167,939 and
authorizing the City Manager or the City Manager's designee to apply
for, accept, reject, alter or terminate the grant.
This Resolution was recommended by Staff to the Consent Agenda.
Enactment No: 029804
54. Engineering design contract for Corpus Christi Ship Channel Gas
Main Crossing
Motion authorizing the City Manager, or designee, to execute a
Contract for Professional Services with HDR Engineering of Corpus
Christi, Texas in the amount of $68,300, for Corpus Christi Ship
Channel Gas Main Crossing for design, bid, and construction phase
services.
This Motion was recommended by Staff to the Consent Agenda.
Enactment No: M2013 -079
55. Engineering design contract for J.C. Elliott gas collection and
control system repairs
Motion authorizing the City Manager, or designee, to execute
Amendment No. 1 with SCS Field Services, a Virginia corporation, in
the amount of $77,000.00, for a re- stated fee not to exceed
$177,400.00 for J. C. Elliott Landfill Gas Collection And Control
System Repairs,
This Motion was recommended by Staff to the Consent Agenda.
Enactment No: M2013 -080
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56. Resolution recommending the United States Congress pass a
constitutional amendment reversing the Citizens United vs.
Federal Election Commission decision on corporate personhood
Resolution recommending and encouraging the United States
Congress to pass a Constitutional Amendment establishing that
corporations not receive the same legal rights as natural persons; that
money not be considered the same as speech, and that independent
expenditures be regulated.
This Resolution was recommended by Staff to the Regular Agenda.
P. BRIEFINGS TO CITY COUNCIL: (ITEM 57)
57. Corpus Christi Regional Economic Development Corporation
Mayor Martinez referred to Item No. 57. Roland Mower, PresidentfCEO, Corpus
Christi Regional Economic Development Corporation provided a quarterly
update on the 2013 Economic Trends for Employment by Sector and Building
Permits. He also discussed the Activity Summary for Quater 1 for 2013 for
business attraction and existing industry.
Q. LEGISLATIVE UPDATE:
R. CITY MANAGER'S COMMENTS:
* Update on City Operations
City Manager Olson reported on the following: 1) implementation of 9 EKG
models in ambulances and paid through CHRISTUS Spohn; 2) recognized Mr.
Dan Biles, Director of Engineering for requesting a Peer Review of his
department as continuous improvement; 3) discuss the upcoming Buc Days
and plan to control litter; and 4) discussed the City's operational strategic plan
and displayed a chart depicting the executive of the business plans, city's
performance plan, and key strategic plan.
S. ADJOURNMENT
There being no further business to come before the Council, Mayor Martinez
declared the meeting adjourned at 7:55 pm.
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