HomeMy WebLinkAboutMinutes City Council - 05/14/2013I 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 May 14, 2013 which were approved bythe City
Council on May 28, 2013.
WITNESSETH MY HAND AND SEAL, on this the 28th day of May, 2013.
Armando Chapa
City Secretary
SEAL,
INDEXED
Corpus Christi 1201
u s Christi, 7X 78401
Leopard Street
f" Corpus
cctexas.com
Meeting Minutes -Final
City Council
Tuesday, May 14, 2013 11:30 AM Council Chambers
A. CALL MEETING TO ORDER.
B. INVOCATION.
C.
Mayor Martinez called the meeting to order.
The invocation was provided by Pastor Greg hackett, First United Methodist
Church.
PLEDGE OF ALLEGIANCE.
D. ROLL CALL.
E.
1.
F.
The Pledge of Allegiance was delivered by Charlcie Goodman, Mayor's Office.
City Secretary Chapa verified that the necessary quorum of the Council and the
required Charter Officers were present to conduct the meeting.
(Note: Council Member Riojas arrived at 12:20 pm)
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
McIntyre, Council Member Lillian Riojas, and Council Member Rudy Garza
Proclamations 1 Commendations
Proclamation declaring May 2013 as "Motorcycle Safety and
Awareness Month"
The Proclamation was read and presented.
PUBLIC COMMENT.
Mayor Martinez called for Public Comment. Sally Gill commented on limited
water resources and thanked City staff for educating the community; Diana
Broyles spoke about upcoming Library events and commented on a
membership drive; Dan Vera spoke of various globalization issues and
economic strategies; Judy Telge commented on Agenda Item No. 18 and stated
that the Coastal Bend Independent Living was not awarded any CDBG funding;
Jerry Garcia spoke of various City matters; Sally Gill, informed the Council of
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the actions taken by the Water Resources Advisory Committee at their last
meeting; Jim Kline asked the Council to reconsider the Resolution regarding
Citizens United group; and Mary Ann Kelley commented on the Street
Maintenance Fee, elimination of fluoride from water, sign violations, and
enforcement of the illegal dumping ordinance.
G. CITY MANAGER'S COMMENTS 1 UPDATE ON CITY OPERATIONS'
There were no City Manager comments.
H. EXECUTIVE SESSION: (ITEM 2)
Mayor Martinez referred to Item No. 2. The Council went into executive
session.
2. Executive session pursuant to Section 551.087 of the Texas
Government Code to deliberate regarding confidential commercial or
financial information received from a business prospect that the City
Council seeks to have locate, stay, or expand within 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.
The Council returned from executive session. Mayor Martinez announced that
no action would be taken.
I. MINUTES:
3. Approval of Meeting Minutes - Regular Meetings of April 23, 2093 and
April 30, 2013.
A motion was made by Council Member Magill, seconded by Council Member
Loeb to approve the minutes as presented and passed.
J. BOARDS & COMMITTEE APPOINTMENTS:
4. Advisory Committee on Community Pride
Airport Board
Animal Control Advisory Committee
Building Code Board of Appeals
Commission on Children and Youth
Committee for Persons with Disabilities
Marina Advisory Committee
Mayor's Fitness Council
Parking Advisory Committee
Planning Commission
Mayor Martinez referred to Item No. 4 and the following
appointments/reappointments were made to the City's boards, commissions
and committees:
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Advisory Committee on Community Pride: New Appointments - Belinda Rocha
and Betsy Herring
Airport Board: New Appointments -Alex Garcia, Jr. and Shawn Morgan;
Reappointment - Jeffrey Kane; Advisory Member - Jay Wise
Animal Control Advisory Committee: New Appointments - Janet Strawn (At
Large) and Megan Winn (At Large); Reappointment - Laina Schonefeld (At
Large) and Dr. Barbara Whitlock (Veterinarian)
Building Code Board of Appeals: New Appointment - Chuck Anastos
(Architect); Reappointment - Debie Schibi (General Contractor) and Randy
Farrar (Building Industry)
Commission on Children and Youth: These appointments were deferred until
later in the meeting to allow for review of the Resume for Heather Butscher.
Committee for Persons with Disabilities: New Appointment - Marshall Burns
Marina Advisory Committee: New Appointments -Clara lee (Scientist), Sharon
Emerson (At Large), and Robert Paulison (At Large); Reappointment - Monte
Reitz (Restaurant Representative)
Mayor's Fitness Council: New Appointments - Dr. Chad Peters (Health
Care/Medical) and Dr. Roland Hernandez (Youth Initiatives); Reappointments -
Kimberly Cook (Disability Network), Rodney Brown (At Large), Wade Spenst (At
Large), and Megan Allen (Worksite Wellness)
Planning Commission: Reinstated - Gabriel Guerra and Mike Lippincott
Parking Advisory Committee: New Appointments - Jennifer Perales (DMD),
Linda Sutton (DMD), Lawrence Virts ( Buildng Owners & Management Assn.,
Darlene Gregory (Uptown Neighborhoow Initiative), Richard Durham (At Large),
Lynn Frazier (CC Beach Task Force), Fay Crider (Resident), and Ginny Price
(Council Member District 2 Nominee), Ellen Blasingame (BOMA - Declined
Appointment)
Enactment No:
L. CONSENT AGENDA: ITEMS 5 --11
Mayor Martinez referred to Consent Agenda, Items 5 - 11. Mayor Martinez
asked for council and public comment. There were no comments from the
public. Council Members pulled Item Nos. 10 and 11 for individual
consideration. The items were approved by one vote:
5. Purchase of Enterprise Resource Planning System and
component software (Related Items 5 - 8)
Motion approving license, service, hosting, maintenance and
professional services agreements with Infor (US), Inc., Alpharetta, GA,
for an enterprise resource planning system for $5,922,196.16, of
which $1,383,138.16 is required for the remainder of FY 2012 -2013;
an additional project contingency of $749,718.87; and ongoing
service, hosting and maintenance. The initial term of the service
agreement is three years and the initial term of the hosting and
maintenance agreements is one year; each will automatically renew
annually thereafter upon payment of annual service, hosting and
maintenance fees, respectively. The term of the professional services
agreement will extend through project completion. Funds have been
budgeted by the Municipal Information Systems Department in FY
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2012 -2013.
The foregoing motion 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 Magill, Council
Member McIntyre and Council Member Garza
Absent: 1 - Council Member Riojas
Abstained: 0
Enactment No: M2013 -081
6. Motion approving software license, service and maintenance
agreements with Emphasys Software, Emeryville, CA for treasury
management software for $105,600.00, of which $36,500.00 is
required for the remainder of FY 2012 -2013; and ongoing service and
maintenance. The initial term of the service and maintenance
agreements is one year and each will automatically renew annually
thereafter upon payment of annual service and maintenance fees.
Funds have been budgeted by the Municipal Information Systems
Department in FY 2012 -2013.
The foregoing motion was passed and approved with the following vote:
Aye: 8 - Council MemberAllen, Council Member Leal, Council Member Loeb,
Mayor Martinez, Council Member Scott, Council Member Magill, Council
Member McIntyre and Council Member Garza
Absent: 1 - Council Member Riojas
Abstained: 0
Enactment No: M2013 -082
7. Motion approving a software license and maintenance agreement with
MHC Software, Inc., Burnsville, MN, for document generating software
for $136,584.80, of which $68,292.40 is required for the remainder of
FY 2012 -2013; and ongoing maintenance. The initial term of the
maintenance agreement is two years and will automatically renew
annually thereafter upon payment of annual maintenance flees. Funds
have been budgeted by the Municipal Information Systems
Department in FY 2012 -2013.
The foregoing motion 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 Magill, Council
Member McIntyre and Council Member Garza
Absent: 1 - Council Member Riojas
Abstained: 0
Enactment No: M2013 -083
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8. Motion approving a software license and maintenance agreement with
PCI, LLC, Tampa, FL, for cash management software for $117,810.00,
of which $117,810.00 is required for the remainder of FY 20.12 -2013;
and ongoing maintenance. The initial term of the maintenance
agreement is one year and will automatically renew annually thereafter
upon payment of annual maintenance fees. Funds have been
budgeted by the Municipal Information Systems Department in FY
2012 -2013.
The foregoing motion was passed and approved with the following vote:
Aye: 8 - Council MemberAllen, Council Member Leal, Council Member Loeb,
Mayor Martinez, Council Member Scott, Council Member Magill, Council
Member McIntyre and Council Member Garza
Absent: 1 - Council Member Riojas
Abstained: d
Enactment No: M2013 -084
91 Landscape maintenance agreement for improvements on State
Highway 358 (South Padre Island Drive) /Flour Bluff Drive
intersection and State Highway 358(South Padre Island
Drive)/State Highway 44 Interchange
Resolution authorizing the City Manager, or designee, to execute a
Landscape Maintenance Agreement with the Texas Department of
Transportation (TXDOT) for landscape improvements within the
project's scope of SH 358 (South Padre Island Drive) /Flour Bluff Drive
Intersection and SH 358 (South Padre Island Drive)/SH 44
Interchange.
The foregoing motion 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 Magill, Council
Member McIntyre and Council Member Garza
Absent: 1 - Council Member Riojas
Abstained: 0
Enactment loo: 029825
10. Amendment to Financial Policy
Resolution amending financial policies adopted by Resolution 029521
and providing financial policy direction on preparation of the Annual
Budgets.
The foregoing resolution was passed and approved 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 McIntyre and Council Member Garza
Absent: 1 - Council Member Riojas
Abstained: 0
Enactment No: 029826
11. Second Reading Ordinance - Approval for the sale of foreclosed
property at annual tax resale auction to recoup City's share of
property taxes (1st Reading 4130113)
Ordinance authorizing the sale of no greater than one hundred and
three (103) properties shown on the attached and incorporated
"Re -Sale Property List" at a tax resale auction with opening bids of
20% of the most recent tax appraisal value, and reducing the opening
bid for unsold properties by half.
The foregoing ordinance was passed and approved on second reading with the
following vote:
Aye: 7- Council Member Allen, Council Member Leal, Council Member Loeb,
Mayor Martinez, Council Member Scott, Council Member Magill and
Council Member McIntyre
Absent: 1 - Council Member Riojas
Abstained: 1 - Council Member Garza
Enactment No: 029827
M. PUBLIC HEARINGS: ITEMS 12 -15
12. Public Hearing /First Reading Ordinance - Unified Development
Code Text Amendment exempting Regional Transit Authority
signs that contain commercial advertising
Ordinance amending the Corpus Christi Unified Development Code by
revising subsection 7.5.7.A.7 relating to signs partially exempt from
the UDC; providing for severance, penalties, and publication.
Mayor Martinez referred to Item No. 12. Mr. Mark Van Vleck, Director of
Development Services stated that this item is amending the Unified
Development Code, specificially signs installed by a transit company with a
franchise or other right to operate in the City such as the Regional
Transportation Authority (RTA). A motion was made by Council Member Scott,
seconded by Council Member Magill to open the public hearing and passed.
Jack Gordy spoke in opposition.
Mr. Ron Olson, City Manager clarified the opinion issued by the Attorney
General Office. A motion was made by Council Member Magill, seconded by
Council Member McIntyre to close the public hearing and passed.
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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
13. Public Hearing and First Reading Ordinance - Rezoning from
Residential to Industrial for Elizabeth Anne Meaney on property
located at 8801 State Highway 44 (Tabled on 4123113)
Case No. 0313 -01 Elizabeth Anne Meaney: 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 "IL/SP" 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 "IUSP" 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 " IUSP" 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. 13. Mr. Mark Van Vleck, Director of
Development Services stated that this request is to rezone the property to
allow light industrial uses plus the aboveground wholesale storage of fuels
and lubricants located at 8801 State Highway 44. He stated that this item was
tabled at the April 23, 2013 council meeting to give the applicant time to
evaluate an alternate request to the "IC" Industrial Compatible District on the
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west portion of the property and the "ILlSP" Light Industrial District with a
Special Permit on the east portion of the property. He stated that the applicant
has accepted the alternate request.
A motion was made by Council Member Scott, seconded by Council Member
Magill to open the public hearing. The following citizens spoke in opposition
to this item: Alexandra Camacho, Ms. Camacho, Ernest Sims, Ruby Garcia,
and Abel Alonzo. A motion was made by Council Member Scott, seconded by
Council Member Loeb to close the public hearing and passed.
A motion was made by Council Member Loeb to amend the ordinance to
approve the alternate request to the "IC" Industrial Compatible District on the
west portion of the property and the "ILlSP" Light Industrial District with a
Special Permit on the east portion of the property, seconded by Council
Member Allen and passed.
The foregoing ordinance was passed and approved on first reading as
amended 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: T - Council Member Leal
Abstained: 0
14. Public Hearing and First Reading Ordinance - Amending the
South Central Area Development Plan, an Element of the Corpus
Christi Comprehensive Plan
Ordinance amending the South Central Area Development Plan, an
element of the Comprehensive Plan of the City of Corpus Christi by
renaming the Plan; updating goals and policies; providing new
measurable strategies and a new multi -modal transportation plan,
urban design plan, and urban living options plan; updating the future
land use map; providing for severance;and providing for publication
Mayor Martinez referred to Item No. 14. Mr. Pete Anaya, Director of Planning
and Environmental Services stated that this item is to amend the South Central
Area Development Plan. Ms. Lisa Wargo, Planning Department, provided an
overview of the proposed amendments and stated that the plan will
incorporate new measurable strategies, a new multi -modal transportation map,
urban design and urban living plans within the area development plan, update
goats and policies, and update the future land use map.
A motion was made by Council Member McIntyre, seconded by Council
Member Scott to open the public hearing and passed. Abel Alonzo stated that
the Planning Committee should have included a disabled representative. A
motion was made by Council Member McIntyre, seconded by Council Member
Scott to close the public hearing and passed.
The €oreregoing ordinance was passed and approved on first reading with the
following vote:
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Aye: 7 - Council Member Leal, Council Member Loeb, Mayor Martinez, Council
Member Scott, Council Member Magill, Council Member Riojas and
Council Member Garza
Absent: 2- Council Member Allen and Council Member McIntyre
Abstained: 0
15. Public Hearing and Second Reading Ordinance - Designating
voestalpine Reinvestment Zone (1st Reading 4130113)
Ordinance designating the "voestalpine Reinvestment Zone" within the
extra territorial jurisdiction of the City of Corpus Christi, Texas ( "City ")
and within the City limits under the Property Redevelopment and Tax
Abatement Act (Chapter 312 of the Texas Tax Code).
Mayor Martinez referred to Item No. 15. Mike Culbertson, Regional Economic
Development Corporation stated that this is the second reading of an
ordinance designating the voestalpine Reinvestment Zone. A motion was
made by Council Member Scott, seconded by Council Member Riojas to open
the public hearing and passed. There were no comments. A motion was made
by Council Member Scott, seconded by Council Member Leal to close the
public hearing and passed.
The foregoing ordinance was passed and approved on second reading with the
following vote:
Aye: 7- Council Member Leal, Council Member Loeb, Mayor Martinez, Council
Member Scott, Council Member McIntyre, Council Member Riojas and
Council Member Garza
Absent: 1 - Council MemberAllen
Abstained: 1 - Council Member Magill
Enactment No: 029828
N. REGULAR AGENDA: ITEMS 16 - 18
16. Second Reading Ordinance- Amending City Code regarding
farmer's markets and the accompanying vendor fee (1st Reading
4130113)
Ordinance amending Chapter 19, Code of Ordinances, City of Corpus
Chrisit, regarding farmer's markets and the accompanying vendor fee;
providing for penalties; providing for severance; and providing for
publication.
Mayor Martinez referred to Item No. 16. Aurora Parlamas, Public Health
Department stated that this is the second reading of an ordinance proposing
the adoption of new Section 19 -17, for the purpose of regulating certain goods
and products, specifically eggs at Farmer's Markets. She stated that staff is
recommending an amendment prior to the final reading of the ordinance.
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Mayor Martinez asked for comments from the audience. There were no
comments. A motion was made by Council Member Loeb to accept the
amendments recommended by staff, seconded by Council Member McIntyre
and passed.
The foregoing ordinance was passed and approved on second reading as
amended 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: 029829
17. Second 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) (1st Reading 4123113)
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.
Mayor Martinez referred to Item No. 17. Dan Biles, Director of Engineering
stated that the purpose of this item is to execute an amendment with
McKinstry Essention for Energy Efficiency Conservation Retrofit for work
associated with Phase 2 energy audit and retrofit assessment of major City
facilities. Mayor Martinez asked for comments from the audience. There were
no comments.
The foregoing ordinance was passed and approved on second reading 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
Nay: 1 - Council Member Magill
Abstained: 0
Enactment No: 029830
18. Second Reading Ordinance - Adopting the Consolidated Annual
Action Plan for housing and homeless needs {1st Reading
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4123113)
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 referred to Item No. 18. Susan Thorpe, Assistant City Manager
stated that this item relates to the Proposed FY 2013 -2014 Consolidated Annual
Action Plan. She added that funds have been identified from the General Fund
to fund CDBG Project Nos. 15, Ethel Eyerly Center Fire Alarm System, No. 19,
Lindale Senior Center Fire Alarm System, No. 20, Greenwood Senior Center
Roofing Project, and No. 25, Northwest Senior Center Fire Alarm System in the
total amount of $96,700, thereby making the funding available for ADA
Improvements.
A motion was made by Council Member Scott to increase the funding by
$96,700 to CDBG Project No. 9, ADA Improvements, seconded by Council
Member McIntyre and passed.
A discussion ensued regarding CDBG Project No. 11 La Retama Central Library
Accessibility. A motion was made by Council Member Magill to table CDBG
Project No. 11 to allow for further review of the project, seconded by Council
Member Leal and passed.
Mayor Martinez asked for comments from the public. Abel Alonzo spoke in
support of ADA improvements.
The foregoing ordinance was passed and approved on second reading as
amended 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 Ripjas and Council Member Garza
Abstained: 0
Enactment No: 029831
O. FIRST READING ORDINANCES: (ITEMS 19 - 28)
19. First Reading Ordinance -Accepting and appropriating a
Regional grant to support Emergency Medical Services (EMS)
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operations
Ordinance authorizing the City Manager or designee to accept a grant
from the Coastal Bend Regional Advisory Council in the amount of
$2,847.28 to be used for the purchase of supplies to support the
delivery of emergency medical services for the Corpus Christi Fire
Department; and appropriating $2,847.28 from the Coastal Bend
Regional Advisory Council into the No. 1062 Fire Grant Fund to
purchase supplies to support the delivery of emergency medical
services for the Corpus Christi Fire Department
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: 029,932
20. First Reading Ordinance - Accepting and appropriating a
Regional grant to support the Web Based Emergency Operations
Center (WebEOC)
Ordinance authorizing the City Manager or designee to accept a grant
from the Coastal Bend Regional Advisory Council in the amount of
$40,000 for the benefit of the City's WebEOC operations; and
appropriating $40,000 from the Coastal Bend Regional Advisory
Council into the 1062 Fire Grant Fund to purchase equipment,
services, technical support, training and travel for the Corpus Christi
Fire Department's WebEOC..
The foregoing ordinance was passed and approved on first reading with the
following vote:
Aye: 7- Council Member Allen, Council Member Leal, Council Member Scott,
Council Member Magill, Council Member McIntyre, Council Member
Riojas and Council Member Garza
Absent: 2 - Council Member Loeb and Mayor Martinez
Abstained: 0
Enactment No: 029833
21. First Reading Ordinance - Amending the City Code to revise the
City's Water Conservation Plan and Drought Contingency Plan
Ordinance adopting the Water Conservation Plan and Drought
Contingency Plan; Amending City Code of Ordinances, Chapter 55,
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Article XI Water Conservation, regarding water resource management
including drought restrictions and surcharges, providing an effective
date of June 3, 2013; and providing for penalties.
Mayor Martinez referred to Item No. 21. Gus Gonzalez, Director of Water
Operations stated that this amendment revises and improves the City's Water
Conservation Ordinance and the 2009 Water Conservation and Drought
Contingency Plan. He added that the Texas Commission on Environmental
Quality (TCEQ) and the Texas Water Development Board (TWDB) require
submitted of a revision every five years. Mr. Gonzalez provided a presentation
and discussed the objectives, outreach, key differences between the Water
Conservation Plan and the Drought Contingency Plan, best management
practices, identified the drought response stages, difference between the
current plan vs. proposed plan (Drought Contingency Plan), and waiver and
exemptions.
After council discussion, a motion was made by Council Member Magill to add
"Council Consent" to Stage 3 Response - Severe Water Shortage Condition
and Stage 4 Response - Critical Water Shortage Condition, seconded by
Council Member Scott and passed.
The foregoing ordinance was passed and approved on first reading as
amended with the following vote:
Aye: 8- Council Member Allen, Council Member Leal, Council Member Loeb,
Council Member Scott, Council Member Magill, Council Member McIntyre,
Council Member Riojas and Council Member Garza
Absent: 1 - Mayor Martinez
Abstained: 0
22. First Reading Ordinance - Amending City code to allow dogs in
outdoor dining areas of food establishments
Ordinance amending Chapter 19, Code of Ordinances, City of Corpus
Christi, regarding a variance of Section 19 -15 which allows for dogs in
outdoor dining areas of food estabishments and the accompanying
application and variance certificate fee; 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,
Council Member Scott, Council Member Magill, Council Member McIntyre,
Council Member Riojas and Council Member Garza
Absent: 1 - Mayor Martinez
Abstained: 0
Enactment No: 029834
23. First Reading Ordinance - Lease renewal with Padre Little League
for baseball field at Bill Witt Park
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Ordinance authorizing the City Manager or designee to execute a
five -year Lease Agreement with Padre Little League for the use of Bill
Witt Park for its baseball 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 Scott,
Council Member Magill, Council Member McIntyre, Council Member
Riojas and Council Member Garza
Absent: 2 - Council Member Loeb and Mayor Martinez
Abstained: 0
Enactment No: 029835
24. First Reading Ordinance - Lease renewal with Padre Youth
Soccer for soccer field at Bill Witt Park
Ordinance authorizing the City Manager or designee to execute a
five -year Lease Agreement with Padre Soccer League for the use of
Bill Witt Park for its soccer 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 Scott,
Council Member Magill, Council Member McIntyre, Council Member
Riojas and Council Member Garza
Absent: 2 - Council Member Loeb and Mayor Martinez
Abstained: 0
Enactment No: 029836
26- First Reading Ordinance - Approval of a use privilege agreement
with the Corpus Christi Independent School District to install,
operate, maintain, and remove a wastewater line located at 2602
Lipan Street
Ordinance authorizing
agreement with the
("Permittee ") to insts
two -inch wastewater
right -of -way, subject
conditions.
the City Manager to execute a use privilege
Corpus Christi Independent School District
I, operate, maintain, and remove a private
force main within the Lipan Street public
to Permittee's compliance with specified
The foregoing ordinance was passed and approved on first reading with the
following vote:
Aye: 7- Council Member Allen, Council Member Leal, Council Member Scott,
Council Member Magill, Council Member McIntyre, Council Member
Riojas and Council Member Garza
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Absent: 2 - Council Member Loeb and Mayor Martinez
Abstained: 0
Enactment No: 029837
26. First Reading Ordinance - Amendment to Type A agreement for
Del Mar College Internship Program (Original Agreement Passed
08121112)
Ordinance appropriating $72,804.35 from the unreserved fund
balance in the No. 1140 Business/Job Development Fund for a small
business incentives grant from the Corpus Christi Business and Job
Development Corporation ( "Type A Corporation ") to Del Mar College
( "Del Mar') for an intern program to support small businesses;
Changing the FY 2012 -2013 operating budget, adopted by Ordinance
No. 029565, by increasing proposed expenditures by $72,804.35.
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,
Council Member Scott, Council Member Magill, Council Member McIntyre,
Council Member Riojas and Council Member Garza
Absent: 1 - Mayor Martinez
Abstained: 0
27. First Reading Ordinance - Amendment to Type A agreement for
Texas A &M University - Corpus Christi Internship Program
(Original Agreement Passed 08121112)
Ordinance appropriating $35,060 from the unreserved fund balance in
the No. 1140 Business/Job Development Fund for a small business
incentives grant from the Corpus Christi Business and Job
Development Corporation ( "Type A Corporation ") to Texas A &M
University - Corpus Christi ( "TAMU -CC ") for an intern program to
support small businesses; Changing the FY 2012 -2013 operating
budget, adopted by Ordinance No. 029565, by increasing proposed
expenditures by $35,060.
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,
Council Member Scott, Council Member Magill, Council Member McIntyre,
Council Member Riojas and Council Member Garza
Absent: 1 - Mayor Martinez
Abstained: 0
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28. First Reading Ordinance - Lease agreement for boat show event
Ordinance authorizing the City Manager or designee to execute
agreement with Costa Productions, L.L.C. for use of portions of
Lawrence Street T -head from July 8, 2013 through July 15, 2013 for a
boat show event.
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,
Council Member Scott, Council Member Magill, Council Member McIntyre,
Council Member Riojas and Council Member Garza
Absent: 1 - Mayor Martinez
Abstained: 0
Enactment No: 029838
Q. BRIEFINGS TO CITY COUNCIL: ITEM 40
40. Nueces County Appraisal District
Mayor Pro Tern Allen deviated from the agenda and referred to Item No. 40.
Ronnie Canales, Chief Appraiser, Nueces County Appraisal District provided a
brief overview and discussed the improvements to the Appraisal District
building including the safety improvements, HVAC and roof replacement, and
new flooring. Mr. Canales stated that their customer service has improved
with a new website, 2013 proposed values now available on -line, a -file of
residential homesteads, and a phone bank. He then discussed
residentiallcommeciai sales and sales by category, 2013 preliminary value
estimate and taxable new growth.
P. FUTURE AGENDA ITEMS: (ITEMS 29 - 39)
Mayor Pro Tern Allen referred to the Future Agenda, Items 29 through 39 and
stated that these items are for informational purposes only and that no action
or public comment would be taken, Staff provided a presentation on Items 37
and 36. Council Members requested a presentation on Items 29, 34, and 32.
29. Purchase of Police Motorcycles
Motion approving the purchase of six (6) police motorcycles from
GRAMB, Inc. dba Corpus Christi CyclePlaza, Corpus Christi, Texas in
accordance with Request For Proposal No. BI -0087 -13 based on best
value for an estimated expenditure of $163,386.00, of which
$149,886.00 is required for the remainder of FY 2012 -2013. Funding
is available in the FY 2012 -2013 Capital Outlay Budget.
This Motion was recommended by Staff to Consent Agenda.
30. Supply agreement for polymer used to remove water from sludge
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at wastewater treatment plants
Motion approving a supply agreement with Polydyne Inc., Riceboro,
Georgia for sludge dewatering polymer to be used at the wastewater
treatment plants in accordance with Bid Invitation No. BI- 0133 -13,
based on only bid for an estimated twelve month expenditure of
$162,958.00 of which $40,739.50 is required for FY 2012 -2013. The
term of the contract will be for twelve months with 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 Operating Budget in FY 2012 -2013.
This Motion was recommended by Staff to the ConsentAgenda.
Enactment No: M2013 -085
31. Supply agreement for chemical solution for disinfection of
treated effluent and potable drinking water
Motion approving a supply agreement with Brenntag Southwest, Inc.,
Dallas, Texas for approximately 956,200 pounds of sodium
hypochlorite solution in accordance with Bid Invitation No. BI- 0137 -13
based on lowest responsible bid for an estimated twelve month
expenditure of $551,211.90 of which $137,334.23 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 Water and Wastewater
Operations Budgets in FY2012 -2013.
This Motion was recommended by Staff to the Consent Agenda.
Enactment No: M2013 -086
32. Change Order No. 11 for Kostoryz Road improvements Phase 1
from Horne to Sunnybrook and Phase 2 from Sunnybrook to SPID
(Bond 2008)
Motion authorizing the City Manager, or designee, to execute a
Change Order No. 11 with Texas Sterling Construction of Houston,
Texas in the amount of $508,077.63, for the Kostoryz Road
Improvements Phase 1 from Horne to Sunnybrook and Phase 2 from
Sunnybrook to SPID.
This Motion was recommended by Staff to the ConsentAgenda.
33. Engineering design contract for lifecycle curb and gutter
replacement
Motion authorizing the City Manager, or designee, to execute a
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Contract for Professional Services with Engineering and Construction
Management Services LLC, from Corpus Christi, in the amount of
$73,150.00, for Lifecycle Curb and Gutter Replacement.
This Motion was recommended by Staff to the Consent Agenda.
Enactment No: M2013 -087
34. Engineering design contract amendment no. 1 for Schanen Ditch
Improvements Phase 2
Motion authorizing the City Manager, or designee, to execute
Amendment No. 1 to the Contract for Professional Services with
Freese and Nichols, Inc. from Corpus Christi, Texas in the amount of
$38,540.00, for a re- stated fee not to exceed $72,978.00 for Schanen
Ditch Improvements Phase 2, for design, bid, and construction phase
services.
This Motion was recommended by Staff to the Consent Agenda.
Enactment No: M2013 -088
35. Engineering design contract for Americans with Disabilities Act
(ADA) Master Plan improvements City Wide (BOND 2012)
Motion authorizing the City Manager, or designee, to execute a
Contract for Professional Services with CH2M Hill, Inc., from Corpus
Christi, in the amount of $263,200.00, forADA Master Plan
Improvements City -Wide Bond Issue 2012 for design, bid, and
construction phase services. (Proposition No. 1 Street Projects)
This Motion was recommended by Staff to the Consent Agenda.
Enactment No: M2013 -089
36. Interlocal agreement with Regional Transportation Authority
(RTA) for street improvement program
Resolution authorizing the City Manager, or designee, to execute an
Interlocal Agreement with the Corpus Christi Regional Transportation
Authority to increase funding based upon sales tax revenues and
provide for a more efficient process in funding street improvements.
This Resolution was recommender! by Staff to the Consent Agenda.
37. Chapter 380 Agreement for Staples Center Retail Venture, LP (The
Shops at La Palmera)
Approving a resolution authorizing the City Manager or designee to
execute a Chapter 380 Economic Development Incentive Agreement
with Staples Center Retail Venture, LP ( "Agreement ") for certain
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economic development grants for redevelopment of Staples Retail
Center and Mt. Vernon Center, for the benefit of the City.
This Resolution was recommended by Staff to the Regular Agenda.
38. Purchase of software, hardware and services to create a virtual
desktop program for City computer services
Motion authorizing the City Manager, or designee, to execute
documents necessary to purchase software, hardware, and services
for a virtual desktop infrastructure program from the following
suppliers: Computer Solutions for $52,709.70, Dell, Inc., for
$31,875.00, and Intelek Technologies for $2,317.00 for a total
expenditure of $86,901.70.
This Motion was recommended by Staff to the Consent Agenda.
Enactment No: M2013 -090
39. Approving Financial Underwriters for issuing bonds
Motion approving authorized list of financial underwriters
This Motion was recommended by Staff to the Consent Agenda.
Mayor Pro Tern Allen referred to the appointments for the Commission on
Children & Youth. After review of resume for Ms. Heather Butscher, the
Council made the following reappointments: Dr. Ridge Hammons (Education),
Heather Butscher (health & Human Services), and Denise Etheridge (Youth
Representative).
R. LEGISLATIVE UPDATE: ITEM 41
41. Status Report on Legislative Issues
S. ADJOURNMENT
Mayor Pro Tom Allen referred to Item No. 41. Tom Tagliabue, Director of
Intergovernmental Relations distributed an update of the 2013 Legislation.
Council Member Scott asked if a vote has occured on Windstorm, and Foster
Edwards, CEO Chamber of Commerce responded that a vote is expected May
15th. Mr. Edwards distributed information regarding Senate Bill 1700_
There being no further business to come before the Council, Mayor Pro Tern
Allen declared the meeting adjourned at 6:21 pm.
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