HomeMy WebLinkAboutMinutes City Council - 06/11/2013 HEREBY CERTIFY that the foregoing is a true and correct copy of the minutes of the
Workshop Meeting of the Corpus Christi City Council of June 11,2013 which were approved by the
City Council on June 25, 2013.
WITNESSETH MY HAND AND SEAL, on this the 25th day of June, 2013.
Armando Chapa
City Secretary
SEAL
NOEXED
Corpus Christi 1241 Leopard Street
�.r p �+1 Corpus Christi,TX 78401
cctexas.com
Meeting Minutes - Final
City Council
Tuesday,June 11,2013 11:30 AM Council Chambers
A. CALL MEETING TO ORDER
Mayor Martinez called the meeting to order at 14:30 am.
B. INVOCATION.
The invocation was delivered by Dr.Bob Eckert.
C. PLEDGE OF ALLEGIANCE.
The Pledge of Allegiance was led by Tamera Riley,City Secretary's Office.
D. ROLL CALL
City Secretary Chapa verified that the necessary quorum of the Council and the
required Charter Officers were present to conduct the meeting.
Charter Officers: City Mangaer 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
E. Proclamations I Commendations
1. Proclamation declaring June 9-19, 2013 as the "148th Anniversary of
the Juneteenth Celebration, the Spirit of Emancipation Days"
Proclamation declaring June 23, 2013 as "Homicide Survivors Support
Group 8th Annual Teddy Bear Sunday"
Mayor Martinez read and presented the Proclamation(s).
G. CITY MANAGER'S COMMENTS l UPDATE ON CITY OPERATIONS:
Mayor Martinez referred to City Manager Comments. City Manager Olson made
the following announcements: 1)Street Fee Survey has been completed and
currently analyzing data;2)Oscar Martinez,Assistant City Manager will be
leaving in mid-August and has started to advertise and hired a Consultant to
assist with the recruitment;3)due to Budget cuts,the Library's accreditation
had been challenged,the City filed an appeal and it has been accepted;4)the
City's Public Information department recently received the Award of Excellence
for the"City's Electronic Newsletter"by the Texas Association of Municipal
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Information Officers;5)recognized Albert Perez for receiving award and
participating in the Truck Driver Rodeo;6)66%of resident participate in
Recycling Program;7)the City will be hosting the US Sailing National Youth
Competition in August 2013;8)recognized Constance Sanchez,Director of
Finance for quality work on the City's Financial Report;9)recognized the Legal
department for their work in settlement of lawsuits resulting in savings to the
City of approximately$300,000 to$400,000.
F. PUBLIC COMMENT
Mayor Martinez referred to Public Comment. The following citizens spoke;
Gene Reuner spoke regarding leaf blowers and code enforcement issues;
Sterling Bokash spoke about the"No Kid left Behind"grogram and the removal
of flouride from the water;Verna Townsend asked Council to reconsider the 2%
Cost of Living Increase for City employees;Jose Marroquin spoke regarding
the finances of the City,street maintenance fee and funding for private
ventures;Roland Garza referred to an appeal filed by a Senior Citizen and the
appeal process;Brooks Hooper asked the Council to reconsider the 2%Cost
of Liviing Increase for City employees;Joan Veith spoke of the good things
happening in Corpus Christi;Kim Mrazek asked the Council to consider
placing a item on June 25th agenda regarding the"Nina"Ship;Joe Homnick
spoke of the condition of the"Nina"Ship;Howard Lovelood spoke of the street
maintenance fee;and John Kelley spoke of issues related to the Unified
Development Code;Cost of Living Increase;and expanding master plans.
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 discuss confidential commercial or financial
information received from a business prospect that the City seeks to
have locate, stay, or expand within the City limits 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 in open
session.
The council returned from executive session. Mayor Martinez announced that
no action will be taken today on this item.
I. MINUTES:
3. Approval of Meeting Minutes- May 28, 2013.
Mayor Martinez referred to Item No.3. A motion was made by Council Member
Scott,seconded by Council Member Magill to approve the minutes as
presented and passed.
J. BOARDS &COMMITTEE APPOINTMENTS:
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4. Ethics Commission
Human Relations Commission
Retired and Senior Volunteer Program Advisory Committee
Sister City Committee
Water Resources Advisory Committee
Mayor Martinez referred to Board,Commission and Committee appointments
and the following appointments were made:
Ethics Commission: Reappointed-Haysam Dawood;New Appointment-Rod
Wolthoff. (Note: The new appointment of Rod Wolthoff will be reconsidered at
the June 24th council meeting since he did not receive the required two-thirds
vote required by the Ethics Ordinance)
Human Relations Commission: Reappointed-Elias Valverde,Jaimee
Contreras,Corey Elizondo(Youth);New Appointment-Alice Aparicio-Bussey
(Sells Dwellings),Almira Flores,Kyle James(Youth)and Faith Sara Meza
(Youth)
Retired and Senior Volunteer Program Advisory Committee: Reappointed-
Dale Berry,Sylvia Portales,Abel Sanchez,and Merced Pena
Sister City Committee: New Appointment-Mark Bradsher and Kevin
Aguilar-Ferrari
Water Resources Advisory Committee; New Appointment-Don Roach
(Wholesale/Treated Water Customer),Jeff Edmonds(Residential Customer),
Sam Sanders(Large Commercial Customer),and Mark Stroop(Military Facility
Representative)
Enactment No:
L. CONSENT AGENDA: (ITEMS 5-29)
Mayor Martinez referred to the Consent Agenda,Item Nos.5 through 29. Mayor
Martinez asked for comments from the Council and the Public and there were
none. The items were approved by one vote:
5. Amending Financial Policy
Resolution amending Financial Policies adopted by Resolution 029826
and providing financial policy direction on preparation of the annual
budgets.
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: 029848
6. Lease agreement for the lease of Copiers
Motion approving a Lease Agreement with Dahill Office Technology
Corporation, San Antonio, Texas for eighty-four(84) copiers in
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accordance with Request For Proposal No. BI-0121-13 based on
lowest responsible proposal for an estimated three-year expenditure of
$737,306.64. The term of the lease agreement shall be for thirty-six
(36) months with an option to extend for up to two (2) additional
twelve-month periods subject to the approval of the Contractor and the
City Manager or designee. Funding will be requested for future fiscal
years in the normal budget process.
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: M2013-093
7. Service Agreement for Drug &Alcohol Testing and Occupational
Medical Services
Motion approving a service agreement with Nueces Emergency
Services d.b.a. The Doctor's Center of Corpus Christi, Texas for drug
and alcohol testing and occupational medical services, based on only
proposal received, in accordance with Request for Proposal Number
BI-0048-13, for an estimated annual expenditure of$121,484.10, of
which $20,247.35 is budgeted for the remainder of FY 12/13. The
term of the service agreement will be for one-year with four automatic
one-year extension periods.
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: M2013-094
8. Interlocal Agreement with Calallen Independent School District
for bus transportation for Summer 2013
Resolution authorizing the City Manager or designee to execute an
Interlocal Agreement with the Calallen Independent School District to
provide transportation services for summer youth recreation programs.
The foregoing resolution was passed and approved with the following vote:
Aye: 9- Council MemberAllen, Council Member Leal, Council Member Loeb,
Mayor Martinez, Council Member Scott, Council Member Magill, Council
Member McIntyre, Council Member Riojas and Council Member Garza
Abstained: 0
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Enactment No: 029849
9. Interlocal Agreement with Corpus Christi Independent School
District for bus transportation for Summer 2013
Resolution authorizing the City Manager or designee to execute an
Interlocal Agreement with the Corpus Christi Independent School
District to provide transportation services for summer youth recreation
programs.
The foregoing resolution was passed and approved with the following vote:
Aye: 9- Council MemberAllen, Council Member Leal, Council Member Loeb,
Mayor Martinez, Council Member Scott, Council Member Magill, Council
Member McIntyre, Council Member Riojas and Council Member Garza
Abstained: 0
Enactment No: 029850
10. Interiocal Agreement with Flour Bluff Independent School District
for bus transportation for Summer 2013
Resolution authorizing the City Manager or designee to execute an
Interlocal Agreement with the Flour Bluff Independent School District
to provide transportation services for summer youth recreation
programs.
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: 029851
11. Interlocal agreement for the 2013 Summer Food Program
Resolution authorizing the City Manager or designee to execute an
Interlocal Cooperation Agreement with Corpus Christi Independent
School District to provide summer food services for summer
recreation.
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:029852
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12. Approving the use of Permanent Art Trust funds to complete
sculpture installation
Motion to approve expenditure up to $20,000 of Permanent Art Trust
Fund for expenses related to installation of Gran art sculpture at
Corpus Christi Police Department.
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: M2013-095
13. Engineering design contract for improvements for International
Boulevard from State Highway 44 through the Corpus Christi
International Airport(Bond Issue 2012)(Proposition No. 8
Economic Development Projects)
Motion authorizing the City Manager, or designee, to execute a
Contract for Professional Services with RVE, Inc. of Corpus Christi,
Texas in the amount of$147,850, for International Boulevard from
State Highway 44 through the Corpus Christi International Airport, for
design, bid, and construction phase services BOND ISSUE 2012.
(Proposition No. 8 Economic Development Projects)
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: M2013-096
14. Engineering design contract for Wastewater Service Line Repair
and Clean-out Installation and Manhole Ring and Cover
Adjustment Program FY 2013
Motion authorizing the City Manager, or designee, to execute a
Contract for Professional Services with Engineering &Construction
Management Services, LLC, of Corpus Christi, Texas in the amount of
$83,500.00, for the Wastewater Service Line Repair and Clean-out
Installation and Manhole Ring and Cover Adjustment Program FY
2013.
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: M2013-097
15. Engineering design contract for new office building at landfill
Motion authorizing the City Manager or designee to execute a
Contract for Professional Services with Kleinfelder Central, Inc., of
Corpus Christi, Texas in the amount of$115,509.00 for design, bid
and construction phase services.
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: M2013-098
16. Engineering design contract amendment no. 3 for Bear Lane from
Old Brownsville Road to South Padre Island Drive (Bond Issue
2008)
Motion authorizing the City Manager, or designee, to execute
Amendment No. 3 to a Contract for Professional Services with Coym,
Rehmet and Gutierrez Engineering, L.P. of Corpus Christi, Texas in
the amount of$73,470.00 for a restated fee of$1,170,020.00 for the
Bear Lane Street Improvement Project from Old Brownsville Road to
South Padre Island Drive for design of required waterline replacement.
(Bond 2008)
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: M2013-099
17. Authorizing the appointment of financial advisor for the issuance
of General Improvement Bonds to finance Bond 2012 Projects
Motion authorizing the appointment of M. E. Allison, & Co., as
Financial Advisor for the issuance of"City of Corpus Christi, Texas
General Improvement Bonds, Series 2013" in an amount not to
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exceed $88,010,000.
The foregoing motion was passed and approved with the following vote:
Aye: 9- Council MemberAllen, Council Member Leal, Council Member Loeb,
Mayor Martinez, Council Member Scott,Council Member Magill, Council
Member McIntyre, Council Member Riojas and Council Member Garza
Abstained: 0
Enactment No: M2013-100
18. Approving the FY 2013-2014 budget for the Corpus Christi Crime
Control and Prevention District
Resolution approving the FY 2013-2014 budget for the Corpus Christi
Crime Control and Prevention District.
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:029853
19. Second Reading Ordinance - Rezoning from Residential for Palm
Land Investments, Inc. on property located at 7564 Brooke Rd.
(1st Reading 5128113)
Case No. 0413-01 Palm Land Investment Inc.: A change of zoning
from the "FR" Farm Rural District, "RS-6"Single-Family 6 District, and
"RS-10" Single-Family 10 District to the "RS-4.5" Single-Family 4.5
District, resulting in a change to the Future Land Use Plan from
medium density residential to low density residential. The property to
be rezoned is described as being a 60.54-acre tract of land out of Lots
5A, 6A, 7A, 9, 10, and 11, Section 26, Flour Bluff and Encinal Farm
and Garden Tracts, located east of Quail Creek Drive and at the east
ends of Oso Parkway and Brooke Road_
Planning Commission and Staff Recommendation (April 24, 2013)
Approval of the change of zoning from the"FR" Farm Rural District,
"RS-6°Single-Family 6 District, and "RS-10"Single-Family 10 District
to the"RS-4.5"Single-Family 4.5 District,
Ordinance
Ordinance amending the Unified Development Code ("UDC') upon
application by Palm Land Investment, Inc. ("Owner"), by changing the
UDC Zoning Map in reference to a 60.54-acre tract of land out of Lots
5A, 6A, 7A, 9, 10, and 11, Section 26, Flour Bluff and Encinal Farm
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and Garden Tracts, from the "FR" Farm Rural District, "RS-6"
Single-Family 6 District, and "RS-10" Single-Family 10 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.
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:029854
20. Second Reading Ordinance- Rezoning from Industrial to
Commercial for The Palms at Leopard, Ltd. on property located at
2725 Leopard Street(1st Reading 5128113)
Case No. 041.3-04 The Palms at Leopard. Ltd.: A change of zoning
from the"IH/SP" Heavy Industrial District with a Special Permit to the
"Cl" Intensive Commercial District, resulting in a change to the Future
Land Use Plan from light industrial to commercial uses. The property
to be rezoned is described as being a 2.11-acre tract of land out of
Tract C, Hawn Tract, and all of Tracts D and E, Hawn Tract, located
along the east side of Palm Drive between Leopard Street and Lipan
Street.
Planning Commission and Staff Recommendation (April 24, 2013):
Approval of the change of zoning from the"IH/SP" Heavy Industrial
District with a Special Permit to the"Cl" Intensive Commercial District.
Ordinance
Ordinance amending the Unified Development Code ("UDC') upon
application by The Palms at Leopard, Ltd. ("Owner"), by changing the
UDC Zoning Map in reference to a 2.11-acre tract of land out of Tract
C, Hawn Tract, and all of Tracts D and E, Hawn Tract, from the"IH/SP"
Heavy Industrial District with a Special Permit to the"Cl" Intensive
Commercial District; amending the Comprehensive Plan to account for
any deviations; and providing for a repealer clause and publication.
The foregoing ordinance was passed and approved on Second Reading with
the following vote:
Aye: 9- Council Member Allen, Council Member Leal, Council Member Loeb,
Mayor Martinez, Council Member Scott, Council Member Magill, Council
Member McIntyre,Council Member Riojas and Council Member Garza
Abstained: 0
Enactment No:029855
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21. Second Reading Ordinance-Authorizing the issuance of General
Improvement Bonds to finance Bond 2012 Projects (1st Reading
5128113)
Ordinance authorizing the issuance of"City of Corpus Christi, Texas
General Improvement Bonds, Series 2013" in an amount not to
exceed $88,010,000, levying an annual ad valorem tax, within the
limitations prescribed by law, for the payment of the bonds; prescribing
the form, terms, conditions, and resolving other matters incident and
related to the issuance, sale, and delivery of the bonds; including the
approval and distribution of an official statement pertaining thereto;
authorizing the execution of a paying agent/registrar agreement and a
purchase contract; complying with the requirements imposed by the
letter of representations previously executed with the depository trust
company; delegating the authority to the Mayor and certain members
of the City staff to execute certain documents relating to the sale of
the bonds; and providing an effective date.
The foregoing ordinance was passed and approved on Second Reading with
the following vote:
Aye: 9- Council Member Allen, Council Member Leal, Council Member Loeb,
Mayor Martinez, Council Member Scott, Council Member Magill, Council
Member McIntyre, Council Member Riojas and Council Member Garza
Abstained: 0
Enactment No: 029856
22. Second Reading Ordinance-Texas General Land Office
(GLO)-Coastal Impact Assistance Program (CIAP) grant award for
construction of the Oso Bay Learning Center and Wetland
Preserve (1st Reading 5128113)
Ordinance authorizing the City Manager, or designee, to execute all
documents necessary to accept and appropriate a grant in the amount
of$1.5 Million from the Texas General Land Office-Coastal Impact
Assistance Program (CIAP)for the construction of the Oso Bay
Coastal Environmental Learning Center.
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:029857
23. Second Reading Ordinance -Appropriating a State grant for the
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2013 Parks and Recreation Summer Food Program (1st Reading
5/28113)
Ordinance appropriating a$250,000 grant from the Texas Department
of Agriculture in the No. 1067 Parks and Recreation grant fund to
operate a summer food service program for summer recreation
participants ages one to eighteen.
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: 029858
24. Second Reading Ordinance -Amending the lease of International
Westside Baseball to add additional baseball fields at
Greenwood/Horne Youth Sports Complex(Tabled 3119113) (Tabled
4123113) (1st Reading 5128113)
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.
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:029859
25. Second Reading Ordinance -Construction contract for Billings
Bait Stand and Clems Marina Parking Lot Construction (Re-Bid)
(1st Reading 5128113)
Ordinance amending the FY 2013 Capital Improvement Budget
adopted by Ordinance No. 029565 by adding $100,000 in
appropriated street assessments; adding $132,863.80 in Street Tax
Notes; transferring $284,597.80 from Water CIP Project No. 180198
Programmed Waterline Lifecycle Replacement Project to the Billings
Bait Stand and Clems Marina Boat Ramp Rehabilitation Phase Two
Project; increasing expenditures in the amount of$232,863.80; and
authorizing the City Manager or designee to execute a construction
contract with Garrett Construction of Ingleside, Texas in the amount of
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$972,177.05, for the Billings Bait Stand and Clems Marina Parking Lot
Construction for the Base Bid only.
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: 029860
26. Second Reading Ordinance-Approval of a Developer
Participation Agreement to reimburse Developer for the City's
cost of Sydney Street(1st Reading 5128113)
Ordinance authorizing the City Manager to execute a developer
participation agreement with Alty Enterprises, Inc. ("Developer'), to
reimburse the Developer up to $86,559.82 for the City's share of the
cost to expand and extend Sydney Street.
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: 029861
27. Second Reading Ordinance-Appropriating reimbursement funds
from the Texas State Library Archives Commission (1st Reading
5128113)
Ordinance appropriating $11,012.75 reimbursement received from the
Texas State Library and Archives Commission for participation in
Project Loan into the General Fund No. 1020, Central Library
Organization No. 12800 to be used for library technology services.
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, Counci!Member Magill, Council
Member McIntyre, Council Member Riojas and Council Member Garza
Abstained: 0
Enactment No:029862
28. Second Reading Ordinance -Appropriating royalties from oil,
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gas, and mineral interests of the Estate of William T. Neyland (1st
Reading 5128113)
Ordinance appropriating $2,741.44 from royalties from oil gas and
mineral interests bequeathed to the City from the Estate of William T
Neyland into the Library Grants fund No 1068, Project No. 807713 L for
library technology services.
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:029863
29. Second Reading Ordinance-Repealing Section 2 -78 of the City
code regarding the City's lay representative to the South Texas
Library System (1st Reading 5128113)
Ordinance repealing Sec 2-78 "Lay representative of city" of Article IV
of Chapter 2 of the Corpus Christi Code, providing an effective date;
and providing for 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:029864
Mayor Martinez deviated from the agenda and referred to Item No.38,Recycled
Water Service.
38. f=irst Reading Ordinance -Setting Terms and Conditions for
Recycled Water Service
Ordinance amending the Code of Ordinances by adding Article XIX,
Recycled Water to Chapter 55 to provide for recycled water service,
recycled water rates, recycled water delivery; providing for penalties;
providing for severance; and providing for publication.
Dan Biles,Director of Engineering stated that the purpose is to set terms and
conditions for recycled water service and establish a rate and monthly charge
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for usage. He added that the City received authorization from the Texas
Commission on Environmental Quality to use and deliver recycled water. Mr.
Biles discussed the basics of the ordinance including the requirements for
applying for recycled water service,terms and conditions for delivery,receipt
and use of recycled water,establishing a monthly rate charge of$1.00 per
1,000 gallons used,and stated that the start date to begin charging this rate is
August 1,2013.
Mr.Biles then discussed the requirements for recycled water service,possible
Type II uses,and water rate design. He stated that the public benefit values are
that it is less expensive to use or to treat and users benefit from the savings;is
a drought-resistant source of water;it is the only source of water that
automatically increase with increased economic activity and population
growth,and helps conserve traditional sources of water such as groundwater
and surface water.
After discussion,Council Member Magill made a motion to amend the
Ordinance to reflect that as rate payers join the system,the cost for Year 1 is
.75¢per thousand gallons;Year 2 is.75¢per thousand gallons;and Year 3 is
$1.00 per thousand gallons,seconded by Council Member Leal and passed
with the following vote: Allen,Garza,Leal,McIntyre,Magill,Riojas,voting
"Aye"; Loeb and Martinez,voting"No";and Scott"Abstained".
The forgoing ordinance was passed and approved on first reading as amended
with the following vote:
Aye: 7- Council MemberAllen, Council Member Lea[, Council Member Loeb,
Council Member Magill,Council Member McIntyre, Council Member
Riojas and Council Member Garza
Nay: 1 - Mayor Martinez
Abstained: 1 - Council Member Scott
M. PUBLIC HEARINGS: ITEMS 30-31
30. Public Hearing and First Reading Ordinance -Rezoning from
Resort Commercial to Multifamily with a Planned Unit
Development for Townhouses for Alex Harris, on property located
at 14306 through 14334 Nemo Court.
Case No. 0513-01 Alex H. Harris: A change of zoning from the
"CR-2/10" Resort Commercial District with an Island Overlay to the
"RM-1110/PUD" Multifamily 1 District with an Island Overlay and a
Planned Unit Development Overlay, not resulting in a change to the
Future Land Use Plan on the property described as Lots 17-24,
Block 45, Padre Island- Corpus Christi Island Fairway Estates,
located along the east side of Nemo Court, approximately 525 feet
west of South Padre Island Drive (PR 22).
Planning Commission and Staff Recommendation (May 22. 2013):
Approval of the change of zoning from the"CR-2/10° Resort
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Commercial District with an Island Overlay to the "RM-1I10 1PUD"
Multifamily 1 District with an Island Overlay and a Planned Unit
Development Overlay, subject to 10 conditions.
Ordinance
Ordinance amending the Unified Development Code ("UDC") upon
application by Alex H. Harris, acting as agent on behalf of Williams
Airline Partners, Ltd., owner of Lots 17-21, and by Alex H. Harris,
owner of Lots 22-24, Block 45, Padre Island - Corpus Christi- Island
Fairway Estates, from the"CR-2110" Resort Commercial District with
an Island Overlay to the"RM-1110/PUD" Multifamily 1 District with an
Island Overlay and a Planned Unit Development Overlay; amending
the Comprehensive Plan to account for any deviations; and providing
for a repealer clause and publication.
Mayor Martinez referred to Item No.30. Mark Van Vleck,Director of
Development Services stated that the purpose of this request is to allow 44
townhouses as part of a Planned Unit Development for property located along
the est side of Nemo Court. A motion was made by Council Member McIntyre,
seconded by Council Member Loeb to open the public hearing and passed.
There were no comments from the audience. A motion was made by Council
Member Scott,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: 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
31. - Public Hearing and First Reading Ordinance - Rezoning from
Estate Residential to Low Density Residential for Kitty Hawk
Development, Ltd.on property located at 3142 South Staples
Street(Tabled on 5128113)
Case No. 0413-02 Kitty Hawk Development, Ltd.:A change of zoning
from the"RE" Residential Estate District to the "CN-1" Neighborhood
Commercial District on Tract 1, the "RE" Residential Estate District to
the "RS-1 5" Single-Family 15 District on Tract 2, and the"CN-1"
Neighborhood Commercial District to the "RS-15° Single-Family 15
District on Tract 3. The property is described as being a 58.969-acre
tract of land out of the south half of Section 31, Laureles Farm Tracts,
located along the south side of South Staples Street(FM 2444) and
along the east side of County Road 41.
Plannlna Commission and Staff Recommendation (April 24, 2013)•
Approval of the change of zoning from the"RE" Residential Estate
District to the"CN-1" Neighborhood Commercial District on Tract 1,
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from the"RE" Residential Estate District to the"RS-15"Single-Family
15 District on Tract 2, and from the"CN-1" Neighborhood Commercial
District to the"RS-15" Single-Family 15 District on Tract 3.
Ordinance
Ordinance amending the Unified Development Code ("UDC') upon
application by Kitty Hawk Development, Ltd. ("Owner"), by changing
the UDC Zoning Map in reference to a 58.969-acre tract of land out of
the south half of Section 31, Laureles Farm Tracts, from the"RE"
Residential Estate District to the"CN-1" Neighborhood Commercial
District on Tract 1 and to the"RS-15" Single-Family 15 District on
Tract 2, and from the"CN-1" Neighborhood Commercial District to the
"RS-15" Single-Family 15 District on Tract 3; amending the
Comprehensive Plan to account for any deviations; and providing for a
repealer clause and publication.
Mayor Martinez referred to Item No.31. Mark Van Vieck,Director of
Development Services stated that the purpose of this request is to allow
development of a single-family subdivision with minimum lot sizes of 15,000
square feet and reduce the amount of neighborhood commercial zoning. A
motion was made by Council Member Garza,seconded by Council Member
Scott to open the public hearing and passed. Javier Huerta spoke in support
of a special permit;John Kelly stated that a new district,RS-21 or RS-22 would
adquately describe the zoning;and Pat Veteto spoke on behalf of the applicant
and in support of the RS-15 zoning recommended. A motion was made by
Council Member Loeb,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
Nay: 1 - Council Member Leal
Abstained: 0
N. REGULAR AGENDA: (ITEMS 32 -36)
32. Amending the Consolidated Emergency Dispatch Center
Interlocal Agreement between the City of Corpus Christi and
Nueces County to include the City of Driscoll as a participant
Resolution authorizing the City Manager, or his designee, to execute
an amendment to the Consolidated Emergency Dispatch Center
Interlocal Agreement between the City of Corpus Christi and Nueces
County to include the City of Driscoll as a participant.
Mayor Martinez referred to Item No.32. Floyd Simpson,Chief of Police stated
that this item is modifying the existing MetroCom interlocal agreement to
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include the City of Driscoll to use the MetroCom for all 911 emergency calls
and law enforcement functions. Mayor Martinez asked for comments from the
public and there were none.
The foregoing resolution was passed and approved 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:029865
33. Amending the Radio Communications System Interlocal
Agreement between the City of Corpus Christi, the Regional
Transportation Authority (RTA) and Nueces County to include the
City of Driscoll for the public safety radio system
Resolution authorizing the City Manager, or his designee, to execute
an amendment to the Radio Communications System Interlocal
Agreement between the City of Corpus Christi, the Regional
Transportation Authority and Nueces County to include the City of
Driscoll as a participant for a public safety radio system.
Mayor Martinez referred to Item No.33. Floyd Simpson,Chief of Police stated
that this item is to amend the Radio Communications Sytem agreement
between the City,the Regional'transportation Authority,and Nueces County to
include the City of Driscoll to use the public safety radio system. Mayor
Martinez asked for comments from the public and there were none.
The foregoing resolution was passed and approved 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: 029866
34. Resolution supporting the Harbor Bridge Replacement Project
Resolution in support of the Texas Department of Transportation's
project to replace the Harbor Bridge and the Corpus Christi
Metropolitan Planning Organization's commitment to provide certain
project funding.
Mayor Martinez referred to Item No.344. Dan Biles,Director of Engineering
stated that this item is to support funding for the replacement of the Harbor
Bridge. Mayor Martinez called for comments from the public and there were
none.
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The foregoing resolution was passed and approved 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 RPojas and Council Member Garza
Absent: 1 - Council Member Loeb
Abstained: 0
Enactment No:029867
35. Installation of LED Street Lights on Chaparral between William
and Schatzell (Bond Issue 2008)
Motion authorizing the City Manager or designee to execute a
Contribution-In-Aid-of-Construction Agreement with AEP in the amount
of$51,032.14 for the installation of LED Street Lights on Chaparral
Street between William and Schatzell .(Bond 2008)
Mayor Martinez referred to Item No.35. Dan Biles,Director of Engineering
stated that this item is to approve an agreement with AEP to install LED street
lights on Chaparral Street between William and Schatzell. Mayor Martinez
asked for comments from the public and there were none.
The foregoing motion was passed and approved 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: M2013-101
36• Engineering design contract for the Oso Water Reclamation Plant
nutrient removal and re-rate to 24 million gallons daily-Phase 2
(Final)
Motion authorizing the City Manager, or designee, to execute a
Contract for Professional Services with LNV, Inc. of Corpus Christi,
Texas in the amount of$9,998,629.00, for the Oso Water Reclamation
Plant Nutrient Removal and Re-rate to 24 MGD- Phase 2 (Final) for
design, bid, and construction phase services.
Mayor Martinez referred to Item No.36. Dan Biles,Director of Engineering
stated that this item is to authorize the design contract related to Phase 2
facility improvements for the Oso Water Reclamation Plan Nutrient Removal.
Mayor Martinez asked for comments from the public and there were none.
The foregoing motion was passed and approved with the following vote:
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Aye: 7- Council Member Allen,Council Member Leal, Mayor Martinez, Council
Member Scott, Council Member Magill, Council Member McIntyre and
Council Member Garza
Absent: 2- Council Member Loeb and Council Member Riojas
Abstained: 0
Enactment No: M2013-102
O. FIRST READING ORDINANCES: ITEMS 37 -40
37. First Reading Ordinance -Approving the Annual Audit Plan
Ordinance to approve the Annual Audit Plan for FY 2013-2014
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 Garza
Absent: 1 - Council Member Riojas
Abstained: 0
39. First Reading Ordinance-Appropriating funds to reimburse John
C. and Cheryl L. Hooper for the wastewater development fees
paid in 2003
Ordinance appropriating $5,495.10 from the No.4220 Wastewater
Trunk System Trust Fund to refund John C. and Cheryl L. Hooper
wastewater lot/acreage fees previously paid for Lot 7, Block 4, Oak
Terrace Unit 2 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 Scott, Council Member Magill, Council
Member McIntyre and Council Member Garza
Absent: 1 - Council Member Riojas
Abstained: 0
40. First Reading Ordinance-Type A Grant for Sam Kane Beef
Processors, LLC
Ordinance approving a Business incentive Agreement between the
Corpus Christi Business and Job Development Corporation ("Type A
Corporation") and Sam Kane Beef Processors, LLC ("Sam Kane")to
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provide a grant of up to$3,000,000 for the retention of jobs at their
beef packing plant in the City of Corpus Christi extra territorial
jurisdiction, amending the budget to allow for this funding of up to
$3,000,000 from the Unreserved Fund balance in the No. 1140
Business/Job Development Fund and appropriating up to$3,000,000
to the Unreserved Fund Balance in the No. 1140 Business/Job
Development Fund.
Mayor Martinez referred to Item No.40. Emily Martinez,Economic
Development Corporation stated that this is approving a grant of$3,000,000
over five years for Sam Kane Beef Processors for the retention of 739 jobs and
creation of 100 job at their facility located in Corpus Christi. Mayor Martinez
asked for comments from the public and there were none. A motion was made
by Council Member Loeb,to include the approval of the Project Service
Agreement,seconded by Council Member McIntyre 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 McIntyre and Council Member Garza
Absent: 1 - Council Member Riojas
Abstained: 0
P. FUTURE AGENDA ITEMS: (ITEMS 41 -45)
Mayor Martinez referred to the Future Agenda,Items 41 through 45 and stated
that these items are for informational purposes only and that no action or
public comment would be taken. There was no requested presentation on the
items.
41. Purchase and Installation of Security Equipment
Motion approving the purchase and installation of sixteen (16) CCTV
cameras and an access control system from MCS Fire& Security,
Corpus Christi, Texas in accordance with the State of Texas
Cooperative Purchasing Program for a total expenditure of
$76,634.81. Funds have been budgeted by the Aviation Department in
FY 2012-2013.
This Motion was recommended by staff to the Consent Agenda.
42. Application for a Hazardous Materials Emergency Preparedness
Planning Grant
Resolution authorizing the City Manager, or designee, to submit a
grant application in the amount of$65,000 to the Texas Department of
Public Safety, Governor's Division of Emergency Management, for FY
2014 Hazardous Materials Emergency Preparedness (HMEP) grant
program to conduct a detailed hazardous materials vulnerability
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assessment to increase effectiveness in safely and efficiently handling
hazardous materials accidents and incidents and to further enhance
implementation of the Emergency Planning and Community Right-to
Know Act of 1986, with a hard match of$13,000; and authorizing the
City Manager, or designee, to apply for, accept, reject, alter or
terminate the grant.
This Resolution was recommended by staff to the Consent Agenda.
43. Engineering Design Contract-for emissions and odor control
improvements at the Greenwood Wastwater Treatment Plant
Motion authorizing the City Manager, or designee, to execute a
Contract for Professional Services with Coym, Rehmet&Gutierrez
Engineering, L.P. of Corpus Christi, Texas in the amount of
$85,954.00, for the Greenwood Wastewater Treatment Plant
Emissions and Odor Control Improvements.
This Motion was recommended by Staff to the Consent Agenda.
44. Agreement withTexas Department of Transportation (TXDOT)to
contribute Right of Way funds for highway improvements on FM
43 (Weber Road)from SH 286 (Chapman Ranch Road)to
Yorktown Boulevard
Resolution authorizing the City Manager, or designee, to execute an
Agreement to Contribute Right of Way Funds with the Texas
Department of Transportation (TXDOT)for the acquisition of certain
rights of way and the relocating and adjusting of utilities within the
project's scope of FM 43 (Weber Road)from SH 286 (Chapman
Ranch Road) to Yorktown Boulevard,with the City's participation in the
amount of$5,500.
This Resolution was recommended by Staff to the Consent Agenda.
45. Agreement with Texas Department of Transportation (TXDOT)to
contribute Right Of Way funds for highway improvements on FM
2444(Staples Street)from SH 286 (Chapman Ranch Road)to Oso
Parkway
Resolution authorizing the City Manager, or designee, to execute an
Agreement to Contribute Right of Way Funds with the Texas
Department of Transportation (TXDOT)for the acquisition of certain
rights of way and the relocating and adjusting of utilities within the
project's scope of FM 2444 (Staples Street)from SH 286 (Chapman
Ranch Road)to Oso Parkway, with the City's participation in the
amount of$67,000.
This Resolution was recommended by Staff to the Consent Agenda.
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Q. BRIEFINGS TO CITY COUNCIL: ITEMS 46 -47
46. City Council Policy regarding Board Recommendations
Mayor Martinez referred to Item No.46,City Council Policy regarding Board
Recommendations. Mr.Armando Chapa,City Secretary stated that the policy
of requesting recommendations for City boards,commissions and committee
appointments has been inexistence since March 1988. Mr.Chapa provided
and referred to a listing of the City's boards with Advisory Authority Only and
City Boards with Limited or Final Authority.
Council Member Loeb made a motion to only seek board recommendation for
appointment from the following committees: City Council's Youth Advisory
Committee,Commission on Children&Youth,Committee for Persons with
Disabilities,Food Service Advisory Committee,Leadership Committee for
Senior Services,Oil&Gas Advisory Committee,Retired and Senior Volunteer
Program Advisory Committee,Senior Companion Program Advisory
Committee,and Tree Advisory Committee,seconded by Council Member Scott
and passed. Council Member Magill requested that the address information for
individuals being considered for appointment be included in the board packet.
47. Phased Evacuation Procedures in the Event of a Huricane
Mayor Martinez referred to Item No.47,Evacuation Procedures in the Event of
a Hurricane. Billy Delgado.Emergency Management Coordinator provided an
overview of the Phased Evacuation Procdures. He discussed the evacuation
trigger points,the clearance times for different scenarios,inundation through
the city,and the evacuation surge. Mr.Delgado then discussed the evacuation
zones for Zone A-Port Aransas and Padre Island;Zone B-Flour Bluff,North
Beach,Texas A&M University-CC and portions of the Port;Zone C-South
Side and Port;Zone D-Midtown;and Zone E-all others and Western County.
He then discussed the evacuation planning timeline,RTA Collection Points,
bus boarding,and registration of citizens using the Texas Evacuation Trackng
Network.
R. ADJOURNMENT
There being no further business to come before the council,Mayor Martinez
declared the meeting adjourned at 4:05 pm.
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