HomeMy WebLinkAboutMinutes City Council - 07/09/2013 I 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 July 9, 2013 which were approved by the City
Council on July 16, 2013.
WITNESSETH MY HAND AND SEAL, on this the 16th day of July, 2013.
Armando Chapa
City Secretary
SEAL
INDEXED
1201 Leopard Street
Corpus Christi
Corpus Christi,Tx7aaol
cctexas.com
Meeting Minutes
City Council
Tuesday,July 8,2013 11:30 AM Council Chambers
Public Notice--THE USE OF CELLULAR PHONES AND SOUND ACTIVATED
PAGERS ARE PROHIBITED IN THE CITY COUNCIL CHAMBERS DURING
MEETINGS OF THE CITY COUNCIL.
A. Mayor Nelda Martinez to call the meeting to order.
Mayor Martinez called the meeting to order at 11:30 a.rn.
B. Invocation to be given by Deacon Michael Mantz,Diocese of Corpus Christi,
The Invocation was delivered by Deacon Michael Mantz,Diocese of Corpus
Christi.
C. Pledge of Allegiance to the Flag of the United States.
The Pledge of Allegiance was led by Dan Biles,City Engineer.
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 Officers were present to conduct the meeting.
Charter Officers: City Manager Ron Olson,City Attorney Carlos Valdez,and
City Secretary Armando Chapa
NOTE: Council Member Magill arrived at 11:40 a.m.
Present: 8- Council Member Kelley Allen,Council Member Priscilla Leal,Council
Member David Loeb,Mayor Nelda Martinez,Council Member Mark
Scott,Council Member Chad Magili,Council Member Lillian Riojas,and
Council Member Rudy Garza
Absent: 1- Council Member Colleen McIntyre
E. Proclamations 1 Commendations
9 Proclamation declaring July 2013 as"Parka nd Recreation Month"
Certificate of Commendation Presentation to Mary V. Juarez
Swearing in ceremony for newly appointed Municipal Court Judge
f nna S. Rogoff-Klein
Mayor Martinez read and presented the Certificate of Commendation and the
Prociamation(s).-City Secretary Armando Chapa presented a retirement gift to
Assistant City Secretary Mary Juarez. 347th District Court Judge Missy Medary
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conducted the swearing-In ceremony for newlyappointd Municipal Court
Judge Inna S.Rogoff-Mein.
I. MINUTES:
3 Approval of Workshop Meeting of June 18, 2013 and Regular Meeting
of June 25, 2013.
A motion was made and seconded to approve the minutes as presented and
passed.
G. CITY MANAGER'S COMMENTS/UPDATE ON CITY OPERATIONS-
City Manager Olson made the following announcements: 1)update on the
City's Water Supply levels;2)response to news report showing-City employees
taking extra long breaks;3)discussed the evaluation process that the Mayor
and Council will use to evaluate his job performance on July 16.
J. BOARDS&COMMITTEE APPOINTMENTS:
4 Cable Communication Commission
Corpus Christi Business and Job Development Corporation
Corpus Christi Convention &Visitors Bureau
Ethics Commission
Leadership Committee for Senior Services
Planning Commission
Regional Health Awareness Board
Mayor Martinez referred to Board,Commission and Committee appointments
and the following appointments were made:
Cable Communications Commission: Reappointed-Mary Ann Kelley,
Corpus Christi Business and Job Development Corporation: Reappointed-R.
Bryan Gulley;Now Appointment-Gabriel Guerra.
Corpus Christi Convention&Visitors Bureau: Reappointed-Rakesh"Rick"
Patel(Hotel industry),Kaushlk"Sheik"Bhakta(Motel Industry),Daniel Daln
(Restaurant Industry),Michael Womack(Attractions),and Angle Flores(At
Lange).
Ethics Commission: New Appointment-Rod Wolthoff.
Leadership Committee for senior Services. NewAppointment-Laurel Garza
(Community Representative)
Planning Commission: Reappointed-Fred Braselton and Curtis A.Rock;New
Appointments-Eric Villarreal and Marsha Williams.
Regional Health Awareness Board: New Appointment-Assistant City Manager
Susan Thorpe(City Representative).
Enactment No:
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F. PUBLIC COMMENT FROM THE AUDIENCE ON MATTERS NOT SCHEDULED ON
THE AGENDA WILL BE HEARD AT APPROXIMATELY 12:00 P.M. PLEASE LIMIT
PRESENTATIONS TO THREE MINUTES.A recording is made of the meeting;
therefore, please speak into the microphone located at the podium and state
your name and address. If you have a petition or other information pertaining to
your subject, please present it to the City Secretary.
Mayor Martinez called for Public Comment. The following citizens spoke:1)
Abel Alonzo spoke regarding the retirement of Assistant City Secretary Mary
Juarez and said the news report regarding city employees taking long breaks
was;2)Dan Vera spoke regarding ideas for reuse of the Harbor Bridge;3)
Colin Sykes spoke regarding the need to protect and improve Magee Beach;4)
Fr.Sean Mulroney,St.Bartholomew Church,spoke regarding the street
maintenance fee for non-profit agencies;and 4)Rev.John Hardie,St Mark's
Episcopal Church,spoke regarding the street maintenance fee for non-profit
agencies,and whether the fee was being applied fairly to all religious entities.
H. EXECUTIVE SESSION: (ITEM 2)
Mayor Martinez referred to item 2. The Council went into executive session.
2 Executive session pursuant to Section 551.071(1)(A)to consuit with
attorneys regarding contemplated litigation regarding employee
benefits with possible discussion and action in open session.
The Council returned from executive session. Mayor Martinez announced that
no action will be taken today on this item.
L. CONSENT AGENDA.(ITEM 5)
Mayor Martinez called for the Consent Agenda,which consisted of Item No.5.
Mayor Martinez asked for comments from the Council and the Public and there
were none-
3 Second Reading Ordinance-Rezoning from Commercial and
Residential to Light Industrial on Tract 1 and from Residential to
Commercial on Tract 2 for Jubalee Properties,Ltd.,on property
located at 9801 South Padre Island Drive(SH 358), 1130 Baywood
Lane,and 1133 Baywood Lane(1st Reading 6125113)
Case No.0413-05 Jubalee Properties. Ltd.:A change of zoning from
the"CG-1"General Commercial District and mRS-6"Single-f=amily 6
District to the"IL"Light Industrial District on Tract 1 and from the
"RS-6"Single-Family 6 District to the"CG-1"General Commercial
District on Tract 2, resulting in a change to the Future Land Use Plan
from commercial to industrial uses on Tract 1 and not resulting in a
change to the Future Land Use Plan on Tract 2. Tract 1 is described
as being Lots 1 through 5, Block 2, Baywood Addition, and Tract 2 is
described as being Lot 4 and the northeast 25 feet of Lot 5, Block 1,
Baywood Addition. The property to be rezoned is located south of
South Padre Island Drive(SH 358)on Baywood Lane.
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Planning Commission and Staff Recommendation (Mau 22 2013„)
Tract 1 - Denial of the change of zoning from the "CG-1"General
Commercial District and"RS-6"Single-Family 6 District to the 112"
Light Industrial District and, in lieu thereof,approval of the"CG-1/SP"
General Commercial District with a Special Permit,subject to the nine
conditions. Tract 2-Approval of the change of zoning from the"RS-6"
Single-Family 6 District to the"CG-1"General Commercial District.
Ordinance
Ordinance amending the Unified Development Code("UDC") upon
application by Jubalee Properties, Ltd., acting as agent on behalf of
Mostafa Bighamian, Morteza Shafinury and First National Bank
("Owners'), by changing the UDC Zoning Map in reference to Lots 1
through 5, Block 2, Baywood Addition ("Tract 1"), and Lot 4 and the
northeast 25 feet of Lot 5, Block 1, Baywood Addition ("Tract 2"),from
the"CG-1"General Commercial District and the"RS-6"Single-Family
6 District to the"CG-1/SP" General Commercial District with a Special
Permit on Tract 1 and from the"RS-6"Single-Family 6 District to the
"CG-1"General 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: 7- Council Member Allen,Council Member Leal,Council Member Loeb,
Mayor Martinez,Council Member Magill, Council Member Mojas and
Council Member Garza
Absent: 2- Council Member Scott and Council Member McIntyre
Abstained: ❑
Enactment No:029883
P. FUTURE AGENDA ITEMS: ITEMS 29.30)
Mayor Martinez deviated from the agenda and referred to Items 29 and 30 on
the Future Agenda.
29 Agreement for temporary tax abatement for Kinney Hotel Partners
LTD
Resolution authorizing the execution of an agreement with Kinney
Hotel Partners LTD providing for temporary property tax abatement.
Mayor Martinez referred to Item 29. Emily Martinez with the Regional
Economic Development Corporation stated that the pu rpose of the item was to
grant a tax abatement to Kinney Hotel Partners for a tenn or up to eight years
to develop a boutique hotel. She said the development would be located
downtown near the proposed Destination Dayfront development. This
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Resolution was recommended by staff to Consent Agenda.
30 Chapter 380 Agreement for Kinney Motel Partners LTD for waiver
of Development fees
Resolution authorizing the City Manager or designee to execute a
Chapter 380 Economic Development Incentive Agreement with Kinney
Hotel Partners LTD ("Agreement")to waive City Development Fees for
development of a boutique hotel within the City's Downtown Catalyst
Area, for the benefit of the City.
Mayor Martinez referred to Item No.30. Emily Martinez with the Regional
Economic Development Corporation stated thatthe purpose of the Item was to
grant a waiver for development fees to Kinney Hotel Partners LTD for the
construction of a boutique hotel in the Downtown Catalyst Area.
Improvements to the building are estimated to be approximately$4.7 m€nlon.
The property is currently appraised at$438,670. Mr.Rodd Martin,the
developer of the Kinney Hotel partnership in the downtown area,thanked the
council for their support.This Resolution was recommended by staff to
Consent Agenda.
M. PUBLIC HEARINGS: (ITEMS„6-12)
6 Public Hearing for the Fiscal Year 2013-2014 Operating Budget
Public hearing for the City of Corpus Christ Fiscal Year 2013-2014
Operating Budget for July 9, 2013 during the regular City Council
meeting beginning at 11:30 a.m, at City Hall, 1201 Leopard Street,
Corpus Christi,Texas.
Mayor Martinez called for Item No.6 regarding the Public Hearing for the FY
2013-2414 Operating Budget Assistant City Manager Margie Rose provided a
brief overview regarding the proposed operating budget. Council Member
Scott made a motion to open the public hearing,seconded by Council Member
Garza,and passed. The following citizens spoke in support of increasing the
daily staffing levels of the Fire Department from 96 to 100 to adequately staff
two additional medic units included in the proposed budget:1).loan Veit 2)
Andrew McGuire,3)Kristy Veit,4)Lonnie Loosemore,5)Carolyn Moon,6)
Scott Moreland,7)Rudy DeLeon,8)Eric Hardin,9)Carlos Torres,10)Natasha
Ross,11)Moises Estrada,12)Stacy Gilmore,and 13)Chefs DeLeon. Abel
Alonzo stated that the Fire unions were bullying the Council and the
community to increase staffing at the expense of city employees.
Mayor Martinez called for Council comments. Council members asked
questions regarding the following Issues:adequate staffing levels for the Fire
department;developing a master plan for the Fire Department operations;what
were the city's debt ratios;wastewater permit requirements;litter maintenance
on rights-of-way;job description and duties of the new Economic Development
Manager,now called the Assistant to City Manager;downtown master plan;
City Manager Olson said that as City Manager,he has to balance the staffing
needs of all city departments,which is a difficult task. He said the proposed
budget is a finely balanced document that considers all those needs. He said
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there are still needs that are being unmet,but any additional changes would
require us to go to the voters and request more money.
Mayor Martinez called for a motion to close the public hearing. Council
Member Magill made a motion to close the public hearing,seconded by Mr.
Garza,and passed.
7 Public Hearing on FY 2013-2014 Proposed Capitai.Budget&
Capital Improvement Planning Guide
Public hearing for the City of Corpus Christ Fiscal Year 2013-2014
Capital Budget&Capital Improvement Planning Guide for July 9,2013
during the regular City Council meeting beginning at 11:30 a.m. at City
Hail, 1201 Leopard Street, Corpus Christi, Texas.
Mayor Martinez referred to Item No.7. Assistant City Manager Oscar Martinez
made a brief presentation regarding the proposed Capital Budget and Capital
Improvement Planning Guide. He noted that the Capital Budget is being.
brought to Council at the same time as the operating Budget,which is
appropriate. Council Member Scott made a motion to open the public hearing,
seconded by Mr.Magill,and passed. There were no comments from the public
or the Council.Council Member Scott made a motion to close the public
hearing,seconded by Mr.Garza,and passed.
8 Public Hearing and First Reading Ordinance -Rezoning from the
"CG 2"General Commercial District and the"iH"Heavy Industrial
District to the"IL"Light Industrial District,on property located at
1515 North Tancahua Street.
Case Np. 0413-03 Avalon Corpus Christi Transitional Center, LLC:A
change of zoning from the"CG-2"General Commercial District and
the"IH" Heavy Industrial District to the"IL"Light Industrial District,
resulting in a change to the Future Land Use Plan from commercial to
light industrial.The property to be rezoned is described as being a
tract of land comprised of Lots 1 -6, Block 58, Beach Portion of the
City of Corpus Christi,a portion of Fitzgerald Street closed by
Ordinance No. 024009, and the norlhmost 10 feet of Lot 16, Block 48,
Beach Portion, located on the southwest corner of North Tancahua
Street and Resaca Street.
Plan ning Commission and Staff Recommendation (May 22, 20131:
Denial of the change of zoning from the"CG-2" General Commercial
District and the"IH"Heavy Industrial District to the'IL" Light Industrial
District and,in lieu thereof, approval of the"CG-2/8P"General
Commercial District with a Special Permit,subject to two conditions.
Ordinance
Ordinance amending the Unified Development Code("UDC")upon
application by Avalon Corpus Christi Transitional Center, LLC,acting
as agent on behalf of Darla-I, Ltd., owner of Lots 1-6, Block 58, Beach
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Portion of the City of Corpus Christi,and Myrtleson, Ltd,, owner of a
portion of Fitzgerald Street closed by Ordinance No. 024009, and the
northmost 10 feet of Lot 16, Block 48, Beach Portion, by changing the
UDC Zoning Map from the"CG-2"General Commercial District and
al H"Heavy Industrial District to the"CG-21S P" General Commercial
District with a Special Permit; amending the Comprehensive Plan to
account for any deviations; and providing far a repealer clause and
publication.
Mayor Pro Tern Riojas referred to Item No.S. Director of Development services
Mark Van Vleck made a brief presentation regarding the proposed-zoning
change. Council Member Scott made a motion to open the public hearing,
seconded by Council Member Garza.,and passed. "There were no comments.
Council Member Scott made a motion to close the public hearing,seconded by
Mr.Magill,and passed. The foregoing ordinance was passed on.first reading
with the following vote:
Aye, 6- Council Member Allen, Council Member Loeb,Council Member Scott,
Council Member Magill,Council Member Riojas and Council Member
Garza
Absent: 3- Council Member Leal, Mayor Martinez and Council Member McIntyre
Abstained: 0
9 Public Hearing and First Reading Ordinance -Rezoning from
Single-Family to Two-Family for Sababa Holdings, LLC.,on
property located at 1213 Central Street.
Case No. 0513-02 Sababa Holdinas LLC:A change of zoning from
the"RS-6"Single-Family 6 District to the'RS-TF" Two-Family District,
not resulting in a change to the Future Land Use Plan. The property to .
be rezoned is described as Lot 17, Block 4, Flour Bluff Center, located
on the east side of Central Street, between South Padre Island Drive
(SH 358)and O'Neill Street.
Planning Commission and Staff Recommendation (MaV 22, 2013):
Approval of-the change of zoning from the"RS-6"Single-Family 6
District to the"RS-TF"Two-Family District.
Ordinance
Ordinance amending the Unified Development Code ("UDC") upon
application by Sababa Holdings, LLC,acting as agent on behalf of RZ
Texas Properties, LLC("Owner"), by changing the UDC Zoning Map in
reference to Lot 17, Block 4, Flour Bluff Center, from the"RS-6"
Single-Family 6 District to the"RS-TF"Two-Family District; amending
the Comprehensive Plan to account for any deviations; and providing
for a repealer clause and publication.
Mayor Pro Tern Riojas referred to item No.9. Director of Development Services
Mark Van Vleck made a brief presentation regarding the zoning change,
Council Member Scott made a motion to open the'public hearing,seconded by
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City Council Meeting Minutes July 9,2013
Mr.Garza,and passed. There were no comments from the public or Council.
Council Member Scott made a motion to close the public hearing,seconded by
Mr-Garza,and passed.The foregoing ordinance was passed on first reading
with the following vote:
Aye: S Council Member Allen, Council Member Loeb,Council Member Scott,
Council Member Magill,Council Member Riojas and Council Member
Gam
Absent: 3- Council Member Leal, Mayor Martinez and Council Member McIntyre
Abstained: 0
10 public Hearing and First Reading Ordinance -Rezoning from
Farm Rural to Residential Estate for Solomon and Lisa fie La
Fuente,on properly located at 7850 Starry Road.
Case No. 0513-03 Solomon and Lisa De La Fuente:A change of
zoning from the"FR" Farm Rural District to the"RE"Residential Estate
District, resulting in a change to the Future Land Use Plan from park to
estate residential.The property to be rezoned is described as being a
3.86-acre tract of land out of Lot 15, Section 34, Flour Bluff and
- Encinal Farm and Garden Tracts, located on the northeast corner of
Starry Road and Starry Circle, approximately one-half mile south of
Yorktown Boulevard.
Planning Commission and Staff Recommendation (May 22. 2013):
Approval of the change of zoning from the"FR"Farm Rural District to
the"RE"Residential Estate District.
Ordinance
Ordinance amending the Unified Development Code ("UDC') upon
application by Solomon De La Fuente and Lisa De La Fuente
("Owners"), by changing the UDC Zoning Map in reference to a
3.88-acre tract of land out of Lot 15, Section 34, Flour Bluff and
Encinal Farm and Garden Tracts, from the"FR"Farm Rural District to
the"RE"Residential Estate District;amending the Comprehensive
Plan to account for any deviations, and providing for a repealer clause
and publication.
Mayor Pro Tem Riojas referred to Item No.10. Director of Development
Services Mark Van Vleck made a brief presentation regarding the zoning
change. Council Member Magill made a motion to open the public hearing,
seconded by Mr.Garza,and passed. There were no comments from the public
or Council. Council Member Magill made a motion to close the public hearing,
seconded by Mr.Garza,and passed.The foregoing ordinance was passed on
first reading with the following vote:
Aye: 6- Council MemberAllen, Council Member Loeb,Council Member Scott,
Council Member Magill,Council Member Riojas and Council Member
Garza
Absent: 3- Council Member Leal,Mayor Martinez and Council Member McIntyre
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Abstained: 0
17 Public Hearing and First Reading Ordinance-Rezoning from
Office to Single-Family by City of Corpus Christi for properties in
Jackson Woods Subdivision, on properties located at
10609 10629 Gettysburg Street and 10618-10630 Potomac street.
Case No.0613-03 City of Corpus Christi:A change of zoning from the
"ON"Office District to the"RS-6"Single-Family 6 District, resulting in a
change to the Future Land Use Plan from park to low density
residential. The property is described as Lots 13-16 and Lots 18-21,
Block G, Jackson Woods Subdivision Unit 1',located on Gettysburg M
Street and Potomac Street, east of Peachtree Street,
Planning Commission and Staff Recommendation June 19 2013):
Approval of the change of zoning from the"ON"'Office District to the
"RS-8"Single-Family 6 District.
Ordinance:
Ordinance amending the Unified Development Code("UDC"), upon
initiation by the City of Corpus Christi, by changing the UDC Zoning
Map in reference to Lots 13-16 and Lots 18-21, Block G, Jackson
Woods Subdivision Unit 1, from the"ON" Office District(formerly AB
Professional Office District)to the"RS-6"Single-Family 6 District;
amending the Comprehensive Plan to account for any deviations; and
providing for a repealer clause and publication.
Mayor Pro Tem Riojas referred to Item No.11. Director of Deveiopment
Services Mark Van Vieck made a brief presentation regarding the zoning
change. Council Member Scott made a motion to open the public hearing,
seconded by Mr.Magill,and passed. There were no comments from the
public. Council Member Scott made a motion to close the public hearing,
seconded by Mr.Loeb,and passed. The foregoing ordinance was passed on
first reading with the following vote:
Aye: 7- Council Member Allen,Council Member Leal,Council Member Loeb,
Council Member Scott,Council Member Magill.Council Member Riojas
and Council Member Garza
Absent: 2- Mayor Martinez and Council Member McIntyre
Abstained: 0
12 Public Hearing and First Reading Ordinance-Closing a portion of
Laurelas Drive out of the Rancho Vista Subdivision Unit 3
Ordinance abandoning and vacating an undeveloped and unsurfaced
521.50 square-foot portion of the Laurelas Drive public street
right-of-way out of Rancho Vista Subdivision Unit 3 and requiring the
owners, Yorktown Oso Joint Venture and American Bank, to comply
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with specified conditions.
Mayor Pro Tom Rioias referred to Item No.12. Director of Development
Services Mark Van Meek made a brief presentation regarding the street
right-of-way closure. Council Member Magill made a motion to open the public
hearing,seconded by Mr.Scott,and passed. There were no comments from
the public or Council. Council Member Magill made a motion to close the
public hearing,seconded by Mr.Loeb,and passed.The foregoing ordinance
was passed 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 M41l,Council
Member Rojas and Council Member Garza
Absent: 1 - Council Member McIntyre
Abstained: 0
N. REGULAR AGENDA: (ITEMS 13-14)
13 Purchase of Police Motorcycles
Motion approving the purchase of six(6) police motorcycles from
GRAMS, 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 2012-2413 Capital Outlay Budget.
Mayor Martinez refeerred to Item No.13. Assistant Director of Financial
Services Mike Barrera discussed the process for purchasing the police
motorcycles,and noted that the purchase was awarded on best value rather
than low bid. He said that the recommended contractor will also provide
routine maintenance for the motorcycles. Police Chief Simpson stated that
with the procurement,the Police Department would standardize the motorcycle
fleet with the Victory cycles being recommended. Council member;asked
questions regarding the following issues: why the procurement was being
awarded on best value rather than low bid;and the roles and responsibilites of
the Grime Control and Prevention District Board. Mayor Martinez asked for
public comment Abel Alonzo asks staff to explain what a best value bid award
is based on. Matt Werkoven with Corpus Christi CyclePlaza spoke in support
of their proposal. 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 Rojas and Council Member Garza
Absent: 1- Council Member McIntyre
Abstained. 0
Enactment No:M2013-106
14 Second Reading Ordinance-Setting Terms and Conditions for
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Recycled Water Service(1st Reading 6/11113)
Ordinance amending the Code of Ordinances by adding Article X1X,
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.
Mayor Martinez referred to Item 14. City Engineer Dan Biles stated that the
purpose of the agenda item was to set terms and conditions for recycled water
service including establishing a rate and monthly charge for usage. He said
staff had incorporated the amendments Council had requested on first reading.
We also presented 3 recommended motions to amend prior to second reading
for Council consideration. The first amendment would allow the Director of
Wastewater to negotiate with fracking companies on the rata. The second
amendment was related to grant credits for dedicated infrastructure. City
Engineer Biles stated one of the motions extends that exemption for
city-owned property to include independent school districts,public institutions
of higher education,Nueces County,and agencies and departments of the
State of Texas. City Manager Olson clarified the exemption also applies to
city-owned properly that is leased,such as golf courses and Corpus Christ!
Botanical Gardens. Council members asked questions about how the
exemptions could affect revenues;definition of offsite facilities;the$50,000
limit on contracts requiring Council approval.Mayor Martinez called for public
comment. Mr.John Casey with Texas A&M University Corpus Christi,thanked
the Council and staff for using effluent amendment related to exemptions for
public institutions for higher learning. The Council asked staff to develop an
outreach program with industry_ After discussion,the Council decided not to
accept the first amendment related to fracking companies until a later date.
Council Member Garza made a motion to amend the ordinance prior to second
reading,seconded by Council Member Loeb,as follows:to provide for the
ability to credit for dedicated infrastructure;and to exempt independent school
districts,public institutions of higher education,Nueces County,and agencies
and departments of the State of Texas. The motion to amend passed with the
following vote:Mayor Martinez,Council Members Allen,Garza,Leal,Loeb,and
Magill,voting"Aye";Council Member Riojas abstained;and Council Members
McIntyre and Scott were absent. The foregoing ordinance passed on second
reading as amended with the following vote:
Aye: 6- Council MemberAllen,Council Member Leal,Council Member Loeb,
Mayor Martinez,Council Member Magill and Council Marnber Garza
Absent; 2- Council Member Scott and Council Member McIntyre
Abstained: 1 - Council Member Riojas
Enactment No:029884
O. FIRST READING ORDINANCES, (ITEMS 15-23)
15 First Reading Ordinance-Approving and adopting an appeals
process for the Street Maintenance Fee
Ordinance adopting the Appeals Process for the Street Maintenance
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Fee attached as Exhibit"A" (Appeals Process);authorizing the City
Manager to establish rules and procedures related to the Appeals
Process; and authorizing the City Manager to take actions necessary
to effectuate its purposes.
Mayor Martinez referred to Item 15. Assistant City Manager Oscar Martinez
stated that the purpose of the Item was to establish a general appeals process
for the Street Maintenance Fee that was approved by Council on June 25. He
reviewed the process for residential and low-income customers.Council
discussion centered around the ability to Identify non-profit agencies,and
whether they should be exempted this year. The foregoing Ordinance was
passed on first reading with the Following vote:
Aye: 8- Council Member Allen,Council Member Leal,Council Member Loeb,
Mayor Martinez,Council Member Scof,Council Member Magill,Council
Member Rojas and Council Member Garza
Absent: 1 - Council Member McIntyre
Abstained: U
16 First Reading Ordinance-Amending the Code of Ordinances to
establish a Street Maintenance Fee Board of Appeals
Ordinance amending the Code of Ordinances by adding Section
Division 28,to Chapter 2,to establish the Street Maintenance Fee
Board of Appeals; providing for severance; and providing for
publication.
Mayor Martinez referred to Item 16. Assistant City Manager Oscar Martinez
stated that the purpose of the item was to establish a Street Maintenance Fee
Board of Appeals. Mayor Martinez asked for public comment and Council
comment,and there was none. The foregoing Ordinance was passed 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
Absent: 1 - Council Member McIntyre
Abstained: 0
17 First Reading Ordinance-Waterline easement dedication for
constructing a potable waterline to education facility
Ordinance authorizing the City Manager or designee to execute a
Waterline Easement to dedicate and grant to the Coastal Bend Bays
and Estuaries Program(CBBEP)a fifteen(15)foot wide easement
across a 8.646-acre City-owned tract of land to construct a potable
waterline across city property for purposes of supplying potable water
to the CBBEP's education facility, located on CBBEP-owned land.
Mayor Martinez referred to Item 17. City Engineer Dan Bites stated that the
purpose of the item is to construct a potable water line across the City's land
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to an education facility located on Coastal Bend Bays and Estuaries-owned
land. Mayor Martinez asked for public comment and Council comment,and
there was none. The foregoing ordinance was passed 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
Absent: 1- Council Member McIntyre
Abstained: 8
18 First Reading Ordinance-Appropriating fund proceeds from
interest and other revenues into the City's Capital Improvement
Program Funds
Ordinance appropriating$15,657.59 in AIRPORT CIP interest
earnings in the funds as listed in Attachment 1, Section 1 for the City's
match for future FAA Grant Projects; Changing the FY 2013 Capital
improvement Budget adopted by Ordinance No. 029565to increase
expenditures by$15,697.55; appropriating$131,046.95 in BOND
PROCEED interest earnings for Bayfront,Public Health and Safety,
Fire, Police,Sanitary Landfill, Library, Convention Center, Parks, and
Streets in the funds as listed in Attachment 1,Section 2 for the stated
bond projects not yet complete,similar projects to be approved by City
Council or the payment of debt service; Changing the FY 2013 Capital
Improvement Budget adopted by Ordinance No. 029565to increase
expenditures by$131,046,95; appropriating $87,780.05 in UTILITY
REVENUE BOND interest earnings as listed in Attachment 1, Section
3 for the support of the City's approved Capital Improvement Program;
Changing the FY 2013 Capital Improvement'Budget adopted by
Ordinance No. 029565 to increase expenditures by$87,780.05;
appropriating$17,720.72 in SPECIALTY BOND PROCEED interest
earnings, reimbursement from the Regional Transportation Authority,
Sales Tax Bonds for the Seawall and Arena, Packery Channel Bonds,
Energy Efficiency Bonds and Generic Capital Improvement Funds as
listed in Attachment 1, Section 4 for the stated bond projects not yet
complete,the support of the City's approved Capital Improvement
Program, specific military supported projects and as determined by the
Type Board; Changing the FY 2013 Capital Improvement Budget
adopted by Ordinance No. 029565 to increase expenditures by
$17,720.72;and appropriating$100,666.05 in STREET
ASSESSMENTS as listed in Attachment 1,Section 5 for partial
payment of the Billings Clem Marina construction improvements as
approved by City Council on May 28, 2013 and repayment of
approved assessment projects; Changing the FY 2013 Capital
Improvement Budget adopted by Ordinance No.029565 to increase
expenditures by$100,666.05.
Mayor Martinez referred to Item 18. City Engineer Clan Biles stated that the
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purpose of the item was to appropriate all unappropriated capital proceeds
accrued through April 30,2013 in the City's Capital Improvement Program
funds.Mayor Martinez asked for public comment and Council comment,and
there was none. The foregoing ordinance was passed on first reading with the
following vote:
Aye: 8- Council Member Allen, Council Member Leal,Council Member Loeb,
Mayor Martinez, Council Member Scoff, Council Member Magill,Council
Member Riojas and Council Member Garza
Absent: 1 - Council Member McIntyre
Abstained: 0
19 First Reading Ordinance-Approving reimbursement agreement
and appropriating funds to reimburse developer for the
construction of a collection line located along the south side of
State Highway 44; east of Heinsohn Road and west of north
Padre Island Drive
Ordinance authorizing execution of a sanitary sewer collection line
extension construction and reimbursement agreement("Agreement")
with 5961 HWY 44, LLC ("Developer"),for the construction of a
sanitary sewer collection}line and appropriating $18,710.61 from the
No.4220 Sanitary Sewer Collection Line Trust Fund to reimburse the
Developer in accordance with the Agreement.
Mayor Martinez referred to Item 19. Director of Development Services Mark
Van Vleck stated that the purpose of the item was to allow the developer to
install a 500 linear feet of 8-Inch sanitary sewer collection Ilne extension to
provide adequate viastewater to a proposed body shop development. Mayor
-Martinez called for public comment and Council comment,and there was none_.
The foregoing ordinance was passed on first reading with the following vote:
Aye: 8- Council Member Allen,Council Member Leal,Council Member Loeb,
Mayor Martinez,Council Member Scot, Council Member Magill,Council
Member Riojas and Council Member Garza
Absent: 1 - Council Member McIntyre
Abstained: 0
20
First Reading Ordinance-Appropriating funds to reimburse the
developer for the construction of a sanitary sewer collection line
located on State Highway 44,west of Bockhollt Road and east of
Clarkwood Road
Ordinance appropriafing$191,607.92 from the No.4220 Sanitary
Sewer Collection Line Trust Fund to reimburse N. M, Edificios, LLC,
("Developer")for the construction of the sanitary sewer collection line
improvements in accordance with the approved reimbursement
agreement executed with the Developer.
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Mayor Martinez referred to Item 20. Director of Development Services Mark
Van Vleck stated that the purpose of the item was to reimburse the developer
for construction of the10-inch sanitary sewer collection line improvements.
Mayor Martinez called for public comment and Council comment,and then:
was none. The foregoing ordinance was passed 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
Absent: 1- Council Member McIntyre
Abstained: 0
21 First Reading Ordinance-Approving reimbursement agreement
and appropriating funds to reimburse developer for the
construction of a collection line located east of South Navigation
Boulevard and south of Bates Drive
Ordinance authorizing execution of a wastewater collection line
extension and reimbursement agreement("Agreement") with Thomas
S. Davis("Developer"), for the construction of a wastewater collection
line and appropriating$11,782.50 from the No.4220 Sanitary Sewer
Collection Line Trust Fund to reimburse Developer in accordance with
Agreement.
Mayor Martinez referred to Item 21. Director of Development Services Mark
Van Vleck stated that the purpose of the item was to reimburse the developer
for the construction of an 8-inch collection line required to serve the proposed
Lot 2,Block 1,Saxet Industrial. Mayor Martinez called for public comment and
Council comment,and there was none.The foregoing ordinance was passed
on first reading with the following vote:
Aye: 8- Council Member Allen, Council Member Leal,Council Member Loeb,
Mayor Martinez,Council Member Scoft,Council Member Magill,Council
Member Riojas and Council Member Garza
Absent. 1- Council Member McIntyre
Abstained: 0
22 First Reading Ordinance-Authorize a lease and concession
agreement with Tailwind CRP, LLC for operation of food and
beverage concession at Corpus Christi International Airport and
termination of existing lease with Game Time
Ordinance authorizing the City Manager, or designee,to terminate the
Lease Agreement between the City of Corpus Christi and Amarillo
Sports Services, Inc. dba Game Time Food and Beverage Services,
Inc. ("Game Time")and execute an Airport f=acilities Lease and
Concession Agreement("Lease")with Tailwind CRP, LLC ("Tailwind")
for the operation of a food and beverage concession at the Corpus
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city Council Meeting Minutes July 9,2013
Christi International Airport("Airport"), in consideration of the greater
of an annual minimum rental fee or a sum equal to twelve percent
(12%)of all food, sundries and non-alcoholic beverages gross
revenues and sixteen percent(16%)of all alcoholic beverages gross
revenues,for a term of five (5)years.
Mayor Martinez referred to Item No.22. Director of Aviation Fred Segundo
stated that the purpose of the item was to recommend terminating the existing
lease with Game Time and approval of a Five-year lease agreement with
Tailwind for operation of three food venues at the airport. Council member
asked questions regarding whether the staff had conducted customer surveys,
and timeline for the construction. Mayor Martinez called for public comment,
and there was none.The foregoing ordinance was passed on first reading with
the following vote:
Aye: 8- Council MemberAllen,Council Member Lealr Council Member Loeb,
Mayor Martinez,Council Member Scoft, Council Member Magill,Council
Member Riojas and Council Member Garza
Absent: 1 - Council Member McIntyre
Abstained: 0
23 First Reading Ordinance-Amending the lease agreement with
the Columbus Sailing Association regarding the Nina
Ordinance authorizing the City Manager or designee to execute an
amendment to the Lease Agreement with the Columbus Sailing
Association ("CSA')for the lease of the Columbus ship, Nina;
appropriating $8,800 of revenue in the No. 1020 General Fund from
the sale of lead ballast from the Santa Maria for payment to CSA for
the cost associated with the repair and restoration of the Nina;
changing the FY 2012-2013 operating budget adopted by Ordinance
No. 029565 by increasing revenues and expenditures by$8,800 each;
providing an effective date;and providing for publication.
Mayor Martinez referred to Item 23. Assistant City Manager Wes Pierson stated
that the purpose of the item is to amend the lease agreement with the
Columbus Sailing Association for the lease of the Columbus Ship Nina. The
major elements of the lease were to The foregoing ordinance was passed on
first reading
Aye. 8- Council MemberAllen,Council Member Leal,Council Member Loeb,
Mayor Martinez,Council Member Scoff,Council Member Magill,Council
Member Riojas and Council Member Garza
Absent: 1 - Council Member McIntyre
Abstained: 0
P. FUTURE AGENDA ITEMS:(ITEMS 24-28,31)
Mayor Martinez referred to the Future Agenda items. Assistant City Manager
Susan Thorpe stated that the staff had presentations on Items 26 and 27.
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24 Engineering Construction Contract for the O.N.Stevens Water
Treatment Plant-Water Utilities Lab HVAC Rehabilitation
Motion authorizing the City Manager, or designee,to execute a
Construction Contract with Scott Air Conditioning & Heating Co.of
Corpus Christi, Texas in the amount of$68,470.00,for the O.N.
Stevens Water Treatment Plant HVAC Rehabilitation.
This Motion was recommended to consent agenda.
25 Resolution in support of AEP Texas Central Company's LED Pilot
Program
Resolution supporting AEP Texas Central Company's(AEP)"LED Pilot
Program"to provide LED Street Lighting Service on Chaparral Street
and other mutually agreed to locations within the City of Corpus
Christi;and supporting any amendments to AE P's Taff necessary to
make the service available.
This Resolution was recommended to consent agenda.
26 Engineering design contract amendment No. 1 for the Citywide
Street Overlay and Seal Coat Indefinite Delivery/indefinite
Quantity(Pilot)Program
Motion authorizing the City Manager,or designee,to execute
Amendment No. 1 to a Contract far Professional Services with RH
Shackelford, Inc. from Corpus Christi, Texas in the amount of
$743,360.00,for a re-stated fee not to exceed$789,110.00 for
Citywide Street Overlay and Seal Coat Indefinite Delivery/Indefinite
Quantity Program-Pilot Program.
This Motion was recommended by staff to Regular Agenda.
27 Engineering Design Contract-,Amendment No. 3 for the New
Broadway Wastewater Treatment Plant
Motion authorizing the City Manager, or designee, to execute
Amendment No. 3 to the Contract for Professional Services with
Freese and Nichols, Inc. of Corpus Christi, Texas in the amount of
$1,120,662.00, for the New Broadway Wastewater Treatment Plant for
construction observation services.
This Motion was recommended by staff to Regular Agenda.
28 Change Order No,5 for Corpus Christi International Airport
Runway 17-35 Extension/Displacement and Connecting Taxiway
Project
Motion authorizing the City Manager, or designee, to execute Change
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Order No. 5 to the Gonstruction Contract with Bay, Ltd.of Corpus
Christi, Texas in the amount of$718,655.07 for a total restated fee not
to exceed$13,728,905.59, for the Corpus Christi Intemational Airport
(CCIA) Runway 17-35 Extension/Displacement and Connecting
Taxiway Project,
This Motion was recommended to consent agenda.
31 Amending Council Policy regarding Board Recommendations
Resolution amending City Council policies for City board, committee,
and commission appointment recommendations.
This Resolution was recommended to consent agenda.
Q. BRIEFINGS TO CITY COUNCIL; ITEM 32
32 Utility Business Office Collections Management Program
Mayor Martinez referred to Item 32. Assistant City Manager Margie Rose stated
that the purpose of the presentation is discuss the new program. She
mentioned the selected findings of the a recent audit,including administration
of customer payment plans,disconnection of delinquent account,and write
offs.Assistant Director of Financial Services Mike Barrera stated that the new
program will require updates to the code of ordinances,a proactive approach
to customer assistance,accelerated enforcement of delinquencies,and honor
existing customer agreements. The new program will also disconnect all
delinquent customers,provide fora neutral Board,requires entire delinquent
account balance to be paid once disconnected,and extended hours of service.
He discussed the goals of the program. He also provided a timeline for
program implementation and public education program. He introduced Ms.
Rose Leal Flores with the U130. Council member discussed the following
issues: electronic appointment process;how Counall members can handle
constituent complaints;more reader friendly utility bills;ability to autopay
utility bills(ACH);more secure locks on delinquent meters;more staff to
handle customer concerns;and coordinating efforts with Municipal Court and
Legal.
R. ADJOURNMENT
Mayor Martinez adjourned the meeting at 7:15 p.m.
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