HomeMy WebLinkAboutMinutes City Council - 07/16/2013 e
CITY OF CORPUS CHRISTI
I HEREBY CERTIFY that e foregoing is a true and correct copy of
mutes of the 1 Meeting of the Corpus Christi City Council of July 16,
2013, which were approved by the i Council on July 3 , 2013.
WITNESSETH MY HAND and SEAL, on the 5th day of August, 2013.
Armando a �
City Secretary
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INDMED
Corpus Christi 1201 Leopard Street
r Corpus Christi,TX 78401
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Tytr ,$�pO Meeting
City Council
Tuesday,July 16,2013 11:30 AM Council Chambers
Public Notice--THE USE OF CELLULAR TI T
PAGERS ARE PROHIBITED IN CITY COUNCIL CHAMBERS DURING
MEETINGS THE CITY COUNCIL.
A. Mayor Nelda Martinez to call the etin to order.
Mayor Martinez called the meeting to order at 11:30 a.m.
B. Invocation to be given by Pastor Scott Higginbotham, Lexington Baptist Church.
Invocation was given by Pastor Higginbotham.
C. Pledge of lle is ce to the Flag of the United States.
The Pledge of Allegiance was given by Assistant City Secretary Rebecca
Hue .
D. City Secretary n Chapa to call the roll oft the required Charter ice .
City Secretary Chapa v ifie at a necessary quorum of the Council and the
required Cha r Officers were present to conduct the meeting.
Charter Officers: City anger Ron Olson,City Atto ey Carlos Valdez,and
City Secretary Armando Chapa.
Present: 9- Council Member Kelley AIIen,Council Member Priscilla Leal Council
Member David Loeb,Mayor Nelda Martinez,Council Member Mark
Sco ,Council Member Chad Maill,Council Member Colleen
cintyre,Councit Member Lillian Riojas,and Council Member Rudy Garza
E. Proclamations 1 Commendations
Proclamation declaring July 1 , 2013 as"A DA Awareness y"
Swearing-in Ceremony of Newly Appointed Board, Commission, and
Committee Members
Mayor Martinez presented the proclamations. Additionally,Mayor Martinez
designated s.Alyssa Beaupre as a Good II Ambassador for representation
of Corpus Christi in the America's Youth on Parade at Notre Dame University
on July 23-27,2013.
I. MINUTES., (NONE)
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City Council Meeting Minutes July 1G®2013
J. BOARDS& COMMITTEE APPOINTMENTS:
L. CONSENT AGENDA: (ITEMS 7 -2
Mayor Martinez referred to the ConsentAganda. Item No.24 was withdrawn by
staff.Council Member Scott abstained on ConsentAgenda Items 10 and Ii.
There were no comments from the Council or the public. The items were
approved by one vote as follows:
7. 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.
his 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 M2013-107
8. 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 AEP's Tariff necessary to
make the service available.
This 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,029893
9. Change Order No. 6 for Corpus Christi International Airport
Runway 17 -35 Extension/Displacement and Connecting Taxiway
Project
Motion authorizing the City Manager, or designee, to execute Change
Order No. 5 to the Construction Contract with Bay, Ltd. of Corpus
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City Council Meeting Minutes July 16,2013
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 International Airport
(CCIA) Runway 17-35 Extension/ Displacement and Connecting
Taxiway Project.
This 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:M2013-108
10. 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,
This Resolution was passed and approved with the following vote:
Aye: 8- Council Member Allen, Council Member Leal,Council Member Loeb,
Mayor Martinez,Council Member Magill,Council Member McIntyre,
Council Member Riojas and Council'Member Garza
Abstained: I - Council Member Scott
Enactment No:029886
11. Chapter 380 Agreement for Kinney Hotel 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.
This Resolution was passed and approved with the following vote:
Aye: 8- Council Member Allen,Council Member Leal,Council Member Loeb.
Mayor Martinez,Council Member Magill,Council Member McIntyre,
Council Member Riojas and Council!Member Garza
Abstained: 1 - Council Member Scoff
Enactment No:029887
12. Amending Council Policy regarding Board Recommendations
Resolution amending City Council policies for City board, committee,
and commission appointment recommendations.
This Resolution was passed and approved with the following vote:
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City Council Meeting Minutes July 16,2013
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:029888
13. Second Reading Ordinance- Rezoning from the"CG-2" General
Commercial District and the"ll-l" Heavy Industrial District to the
"IL" Light Industrial District,on property located at 1516 North
Tancahua Street{1st Reading 7/9113)
Case No. 0413-03 Avalon Corgus Christi Transitional A
change of zoning from the"CG-2"General Commercial District and
the"I H" 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 north most 10 feet of Lot 16, Block 48,
Beach Portion, located on the southwest corner of North Tancahua
Street and Resaca Street.
Planning Cord mission and Staff Recommendation (May 22. 2 131:
Denial of the change of zoning from the"CG-2" General Commercial
District and the"I H" Heavy Industrial District to the"IL" Light Industrial
District and, in lieu thereof, approval of the"CG-2/SP" 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-1, Ltd., owner of Lots 1-6, Block 58, Beach
Portion of the City of Corpus Christi, and Myrtleson, Ltd., owner of a
portion of Fitzgerald Street closed by Ordinance No. 024009, and the
north most 10 feet of Lot 16, Block 48, Beach Portion, by changing the
UDC Zoning Map from the"CG-2" General Commercial District and
"IH" Heavy Industrial District to the"CG-2/SP" General Commercial
District with a Special Permit; amending the Comprehensive Plan to
account for any deviations; and providing for a repealer clause and
publication.
The foregoing ordinance was passed 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
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City Council Meeting Minutes July 16,2013
Enactment No:029889
14. Second Reading Ordinance- Rezoning from Single-Family to
Two-Family for Sababa Holdings, LL C., on property located at
1213 Central Street(I st Read in g 7/9/13)
Case No. 0513-02 Sababa Holdings 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 out are Island Drive
(SH 358) and O'Neill Street.
Plannin Co mission and to Recommendation (May 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") on
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,
This ordinance was passed on second reading with the following vote,
Aye: 9= Council MemberAllen, Council Member Leal,Council Member Loeb,
Mayor Martinez,Council Member Scott,Council Member Magill,Council
Member McIntyre,Council Member Riojas and Council Member Garza
Abstained: 0
Enactment No. 029890
is. Second Reading Ordinance-Rezoning from Farm Rural to
Residential Estate for Solomon and Lisa De La Fuente, on
prop" located at 7850 Starry Road(1st Reading 719/13)
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 residenfial- 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.
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City Council Meeting Minutes July 16,2013
PlanniM Commission and Staff Recommendation_f May 22 ZQ1 3
j
Approval of the change of zoning from the "FIR" 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 Fu me
("Owners"), by changing the UDC Zoning Map in reference to a
3,86-acre tract of land out of Lot 15, Section 34, Flour Bluff and
Encinal Farm and Garden Tracts, from the 4FR" 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.
This ordinance was passed on second reading 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:029891
16. Second Reading Ordinance-Rezoning from Office to
Single-Family by City of Corpus Christi for properties in Jackson
Woods Subdivision, on properties located at 10609-10621
Gettysburg Street and 10618-10630 Potomac Street(1st Reading
719/13)
Case No. 0613-03 City of Cq[qqg_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
Street and Potomac Street, east of Peachtree Street.
Plannina Commission and to Recommendation (June 19, 2013):
Approval of the change of zoning from the"ON" Office District to the
"RS-15" 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"IRS-15" Single-Family 6 District;
amending the Comprehensive Plan to account for any deviations, and
providing for a repealer clause and publication.
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This ordinance was passed on second reading 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 o:0292
17. Second Reading Ordinance-Closing a portion of Laurelas Drive
out oft Rancho Vista Subdivision Unit 3 gist Reading 7/9113)
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
with specified conditions.
This ordinance was passed on second reading 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 Ripjas and Council Member Garza
Abstained: 0
Enactment No 029693
18. Second Reading Ordinance-Waterline easement dedication for
constructing a potable waterline to education facility gist Reading
7/9113)
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 fi fteen (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.
This Ordinance was passed on second reading 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 Rinjas and Council Member Garza
Abstained: 0
Enactment No: 029894
19. Second Reading Ordinance-Appropriating fund proceeds from
interest and other revenues into the City's Capital Improvement
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City Council Meeting Minutes July 16,2013
Program Funds(Ist Reading 7/9/13)
Ordinance appropriating $15,697.59 in AIRPORT CI P 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 $15,697.59; 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. 02 to increase
expenditures by$131,046.95, appropriating $87,780.05 in TILLTY
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 and projects not yet
complete, the support of the City's approved Capital Improvement
Program, specific military supported projects and as determined by the
Type A 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-
This Ordinance was passed on second reading and approved with the
folio °n vote:
Aye: 9- Council Member Allen,Council Member Leal,Council Member Loeb,
Mayor Martinez,Council Member Scott,Council Member Magill,Council
Member McIntyre,Council Member Rojas and Council Member Garza
Abstained: 0
Enactment No:029895
20. Second 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"; east of Heinsohn Road and west of North
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Padre Island Drive (1st Reading 7/9113)
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.
This Ordinance was passed on second reading and approved with the
following vote:
Aye: 9- Council Member Alien, Council Member Leal,Council Member Loeb,
Mayor Martinez,Council!Member Scoff, Council Member Magill,Council
Member McIntyre,Council Member Riojas and Council Member Garza
Abstained: 0
Enactment No: 029896
21.
Second Reading Ordinance-Appropriating funds t a r eimburse
the developer fort construction of a sanitary sewer collection
line located on State Highway 44,west of Bockholt Road and
east of C larkwood Road (1st Reading 719/13)
Ordinance appropriating $191,607.92 from the No. 4220 Sanitary
Sewer Collection Line Trust Fund to reimburse N. M. Edificios, LLC,
("Developee') for the construction of the sanitary sewer collection line
improvements in accordance with the approved reimbursement
agreement executed with the Developer.
This ordinance was passed an second reading 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 Riqias and Council Member Garza
Abstained: 0
Enactment No: 029897
22. Second Reading Ordinance-Approving reimbursement
agreement and appropriating funds to reimburse developer for
the construction of a collection line located east of of
NavIgation Boulevard and south of Bates Drive(1st Reading
7/9113)
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 $11,7 .5 from the No. 4220 Sanitary Sewer
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City Council Meeting Minutes July 16,2013
Collection Line Trust Fund to reimburse Developer in accordance with
Agreement.
This Ordinance was passed on second reading 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:029898
23. Second Reading Ordinance-Authorize a lease and concession
agreement with Tailwind CRIP, LL C for operation of food and
beverage concession at Corpus Christi International Airport and
termination of existing lease with Game Time(1st Reading 71 113)
Ordinance authorizing the City Manager, or designee, to terminate the
Lease Agreement between the City of Corpus Christi and Amairillo
Sports Services, Inc. d Game Time Food and Beverage Services,
Inc. ("Game Time") and execute an Airport Facilities Lease and
Concession Agreement("Lease")with Tailwind CRP, LLC ("Tailwind")
for the operation of a food and beverage concession at the Corpus
Christi International Airport ("Airport"), in consideration of the greater
of an annual minimum rental fee or a sum equal to twelve percent
(112%) 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.
This Ordinance was passed on second reading 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:029899
24. Second Reading Ordinance-Amending the lease agreement with
the Columbus Sailing Association regarding the Nina (1st
Reading 7/9113)
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, Niota;
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
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No. 029565 by increasing revenues and expenditures by $8,800 each;
providing an effective date-, and providing for publication.
This Ordinance was withdrawn by staff.
Enactment No:
M. PUBLIC HEARINGS: (NONEI
N. REGULAR AGENDA: (ITEMS 25-26)
25. Second Reading Ordinance-Approving and adopting an appeals
process fort Street Maintenance Fee (tat Reading 71 113)
(Related Items 25-26)
Ordinance adopting the Appeals Process for the Street Maintenance
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
toe ectuate its purposes,
Mayor Martinez referred to Item 25.Assistant City Manager Oscar Martinez
stated that this was the second reading of the ordinance to establish a general
appeals process for the Street Maintenance Fee. Mayor Martinez asked for
public comment on the item,and there was none. Council members asked
questions regarding exemptions for persons with disabilities;and building a
notification process regarding the appeals process for customers. 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,Councir
Member McIntyre, Council Member Riojas and Council Member Garza
Abstained: 0
Enactment No. 029900
26. Second Reading Ordinance-Amending the Code of Ordinances
to establish a Street Maintenance Fee Board of Appeals(1st
Reading 719113)
Ordinance amending the Code of Ordinances by adding Section
Division 29, to Chapter 2, to establish the Street Maintenance Fee
Board of Appeals; providing for severance, and providing for
publication.
Mayor Martinez referred to Item 26. Assistant City Manager Oscar Martinez
stated that the purpose of the item was to establish a Street Maintenance Fee
Board of Appeals. The board would consist of five members. The ACM of
General Government and Operations;the Director of Water or Wastewater,the
Director of Street Operations,and two citizens appointad by the City Manager.
Citizens who have complaints about their Street Maintenance Fee bill will be
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referred to this Board by the Utility Accounts Manager In the Utilities Business
Office. The Board will evaluate and resolve citizen complaints an a case by
case basis. Mayor Martinez asked for public comment on the item,and there
was none. Council members asked questions regarding how the board
composition could be changed if necessary. The foregoing ordinance was
passed an 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: 029901
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 t o t he City Secretary.
Mayor Martinez referred to Public Comment The following individuals spoke
In favor of increasing fi re department staffing in the proposed budget to fully
staff the 2 new medic units: 1)Carolyn Moon,2)Rudy DeLeon,3)Joan Veith,
4)Tony Jimenez,5)Kim Does,6)Lionel Lopez,and 7)Ray McMurray. Cheryl
Martinez invited Council to attend a special event on July 19 at 6:30 p.m.in
support of Rachael Ray Challenge;and she poke against proposed budget
cuts that would eliminate temporary staff in the animal control division who
clean kennels and support veterinarian. Jerry Garcia questioned how the City
distributed and prioritized C funding In the community. Mayor Martinez
outlined the guidelines of Council meeting decorum with Mr.Garcia.
H. EXECUTIVE SESSION: (ITEM§_2-51
Mayor Martinez deviated from the agenda and referred to the executive
sessions. The Council went into executive session.
2. Executive session pursuant to Texas Government Code, Section
551.074, Personnel Matters, to deliberate the evaluation of the City
Manager with possible discussion and action in open session.
The Council returned from executive session. The Council returned from
executive session. Mayor Martinez announced that no action will be taken
today on Items 3-5. Regarding Its 2,Mayor Martinez stated that the Council
had given City Manager Olson a favorable review. She said he was an
exceptional city manager with good skills. She said his salary would be
addressed In conjunction with general employee compensation during the
budget discussion. City Manager Olson thanked the Council for their positive
and constructive comments,and said he enjoyed working for the City.
3. Executive session pursuant to Section 551.072 of the Texas
Government Code to deliberate the lease of real property because
deliberations in an open session would have detrimental effect on the
position of the City in negotiations with a third party, with possible
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discussion and action in open session.
This E-Session Item was discussed In executive session
4. Executive session pursuant to Section 551 m0711(1)(A) to consult with
attorneys regarding contemplated litigation regarding employee
benefits with possible discussion and action in open session,
This E-Session Its was discussed In executive session
5. Executive session pursuant to Texas Government Code Section
551.071 to consult with attorneys regarding contemplated litigation
related to the city wastewater treatment plants, with possible
discussion and action in open session
This E-Session Item was discussed in executive session
REGULAR.___LITEMS 271
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,
Mayor Martinez deviated from the agenda and referred to Item 27. City
Engineer an Biles stated that the purpose of the item was to provide
Construction Observation Services for the remainder of Phase I and the entire
duration of Phase 2 construction of the New Broadway Wastewater Treatment
Plant He said the project under construction is a now eight million gallons per
day wastewater treatment plant located on land adjoining the existing plant,
with a portion of the now plant built on top of existing Broadway Wastewater
Plant facilities.He said the project Includes renovation of the Resaca Lift
Station and provides for a new effluent outfall by separate construction
contract The now plant will provides of the art treatment,meet all State
and Federal environmental requirements/permits,provide for odor control and
be developed Ina manner to minimize Impacts within the community. Mayor
Martinez asked for public comment,and there was none. Council Member
Scott requested a copy of a previous Council presentation in which a lower
cost estimate was given for the project The foregoing motion was passed and
approved with the following vote:
Aye: 9- Council Member Aflen, 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:M2013-109
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0. FIRST READING ORDINANCES: (ITEMS 28-34)
28. First Reading Ordinance-Accepting and appropriating Federal
grant fort FY 2013 Port Security Grant Program
Ordinance authorizing the City Manager OF designee to accept a
sub-grant in the amount of$40,000 from the Department of Homeland
Security, FEMA, for funding eligible under the 2012 Port Security
Grant Program (PSGP) grant to purchase law enforcement equipment
for the Police Department; and appropriating $40,000 in the No. 1061
Police Grants fund from the Department of Homeland Security, FEMA,
to purchase law enforcement equipment for the Police Department.
Mayor Martinez referred to Item 28. Ms.Pat Eldridge with the Police
department explained that the purpose of the item was to request Council
approval to accept a 9 u bg to nt from the U.S.Department of Homeland Secu rity
FEMA for the FY 2013 Port Security Grant Program and appropriating funds.
Ms.Eldridge stated that the funds would be used to purchase law enforcement
equipment The were no comments from the Council or the public. The
foregoing ordinance passed on first reading with the following vote:
Aye: 9- Council Member Allen,Council Member Leal,Council Member Loeb,
Mayor Martinez,Council Member Scott,Council Member Magill,Council
Member McIntyre,Council Member Riojas and Council Member Garza
Abstained: 0
Enactment No: 029903
29. First Reading Ordinance - Appropriating funds for the Women,
Infants and Children (WIC) grant amendment to increase funding
Ordinance authorizing the City Manager or designee to execute all
documents necessary to accept and appropriate a grant amendment
in the amount of $12,460 from the Texas Department of State Health
Services in the Health Grants Fund No. 1066, increasing the award
amount for the Women, Infants and Children nutrition program per
counselor project by $12,460;
Mayor Martinez referred to Item 29. Director of Health Annette Rodriguez
stated that the purpose of the item was to request Council approval to accept a
grant amendment allowing the Health District toe uca and encourage the
breastfeeding women who are eligible for the program.She said the City would
partner with the Bay Area Hospital Women's Health Services to encourage and
provide Initial breastfeeding opportunities soon after deliveries. There were no
comments from the Council or the public. The foregoing ordinance was
passed and approved on fi rst 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
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Enactment No:029904
30. First Reading Ordinance-Appropriating Funds and approving the
lease purchase for vehicles for daily operational use
Ordinance appropriating $115,000 from the Fleet Maintenance
Services Reserve for Future Fleet Replacement Fund No. 5110 into
the Capital Outlay Budget of the Maintenance Services Fund No. 5110
for the purchase of vehicles to be used by Development Services;
changing the FY 2012-2013 Operating Budget adopted by Ordinance
No. 029577 by increasing appropriations by $115,000 in the No. 5110
Maintenance Service Fund; and approving the purchase of thirty-nine
(39) pickup trucks, two(2) cargo vans, six(6) heavy trucks and the
lease-purchase of two (2) heavy trucks and one (1) pickup truck from
Auto Nation Ford, Corpus Christ!, Texas, in accordance with Bid
Invitation No, I-0146-1 , for the total amount of$1,229,148.
Mayor Martinez referred to Item 30. Assistant Director of Finance Michael
Barrvra stated that the purpose of the Item was to appropriate funding to
purchase 9 vehicles for Development Services;and approving the purchase of
thirty-nine(39)pickup trucks,two(2)cargo vans,six(6)heavy trucks and the
lease-purchase of two(2)heavy trucks and one(1)pickup truck. He said all
vehicles will be used In the day-to-day operations of the Solid Waste,Park&
Recreation,Water,Gas,Wastewater,Storm Water,Neighborhood Services and
the Development Services Departments.Council members asked questions
regarding why the vehicles were not fi tted for CNG. Director of General
Services Jim Davis discussed the rationale. Mayor Martinez asked for public
comment and there was none. The foregoing ordinance was passed and
approved with the following vote:
Enactment No:029905
SPECIAL BUDGET RELATED ITEMS (ITEMS 31 -35)
31. First Reading Ordinance-Adopting the Proposed Operating
Budget for FY 2013-2
Ordinance adopting the City of Corpus Christi budget for the ensuing
fiscal year beginning August 1, 2013; to be filed with the County Clerk;
appropriating monies as provided in the budget; and providing for
severance.
Mayor Martinez referred to Its 31. Assistant City Manager Margie Rose stated
that the purpose of the item was to adopt the proposed operating budget an
fi rst reading. Ms.Rose referred to Attachment A,which listed a schedule of
adjustments to the budget She said that number of changes that arose during
budget discussions that required amending the Proposed Budget The
proposed changes are:1)Increasing Hotel Occupancy Tax revenue by
$263,169.2)increasing Gulf each maintenance by$180,400;3)Increasing Bay
Beaches maintenance by$142,980,4)adding Military Task Force Contribution
of$75,000;5)eliminating the increase for Fire Health Plan-$473,789;6)
increasing the General Fund transfer to Street Fund by$9,540;7)increasing
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City Council Meeting Minutes July 1 ,2013
Street Fund revenues and expenditures for Street Maintenance Fee and
increased ene 1 Fund transfer-$5,711,992;8)increasing Business and Job
Development expenditure for Small Business Development—Intern Program
by$ , 27; )reducing Golf Fund revenue by$136,145;10)Increasing
expenses for Golf Capital Reserve Fund by$45,000;11)Increasing General
Fund Reserve Appropriation by$80,988;and 12)reducing General Fund Fire
Health Insurance expenditures by$308,508. Additionally,an increase of
$45,000 in General Fund expenditures was being proposed to fund a grants
position in the Fire deparhment.She said total revised proposed expenditures
are$769,988,137 and total revised proposed revenues are$771,540,496 which
includes an increase of$5,827,519 in property tax revenues over the prior year.
City Manager Olson mentioned that staff may bring a budget amendment in
August to fund the Strike Force 1 program,a new initiative to clean-up and
otherwise i ve the aesthetic appearance of the community.
Mayor Martinez asked for Council comments. Council members spoke
regarding the following issues: opposed the use of C4 funds to maintain
Tx DOT roads and rights-of-way;condition of S.P.I. .around La Palms all;
and mowing program for the City rights-of-way.
Assistant City Manager Rose stated at Item 45,Proposed Changes to the
Compensation&Classification Plan,was related the proposed budget and
asked that it be discussed.{see Item 45 for discussion)
After discussion,Mayor Martinez called for public comment. Abe!Alonzo,
spoke in support of city employee compensation. The following individuals
spoke in support of increasing fire department daily staffing levels from 6 to
100 to man 2 additional medic units: Lonnie Loosemo ;Jim Kailas;Steve
Bowers;Robert Rodriguez;Carlos Torres. Jim Devisser spoke In support of
putting the ambulances In service with the current personnel levels in the Fire
department
Mayor Martinez asked for Council comments. The Council commented an e
following issues:SUM cost to staff the additional 16 firefighters;number of
ambulance calls;response times on the Island;need for a Fire Master Plan;
reported is pair of existing ambulances;effects of temporary staffing cuts in
e animal control division;request for a copy of total animal control division
delineated budget;need for a fire communication plan;waiting until the fire
academy graduates before bringing new ambulances online;clarifying the 2-in,
2-out policy.
Council Member Loeb made a motion to amend the proposed FY 2014 budget
at are outlined in Attachment A of the agenda item;and transferring the car
allowances of Council Members Loeb and McIntyre to the street maintenance
fund;seconded by Council Member McIntyre. The motion carried
unanimously.
Council Member Loeb made a motion to amend the proposed FY 2014 budget
to include the pay equity adjustments and to provide a 2.5%salary increase for
e City Manager,seconded by Council Member McIntyre. Council Member
Leal asked if the motion could be amended to include$1.1 million for
additional fire department staffing.The motion failed for lack of a second.The
motion carried unanimously.
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The foregoing ordinance was passed on first reading as amended with the
following vote:
Aye: 8- Council Member Allen, Council Member Loeb,Mayor Martinez, Council
Member Scott,Council Member Magill,Council Member McIntyre,Council
Member Rlojas and Council Member Garza
Nay: 1 - Council Member Leal
Abstained: 0
45. Proposed changes to the Compensation & Classification
Plan
Mayor Martinez deviated from the agenda and referred to Item 46 as requested
by staff. Director of Human Resources Yasmine Chapman stated that the
purpose of the presentation was to discuss the proposed compensation and
classification plan. She said the new plan was a market-based approach
consisting of 3 pay groups for non-exempt,exempt,and executive employees.
It also established now pay ranges that were established to be approximately
26%above and below the market midpoint;20 annuals s to maximum of the
range,each step is a 2.S%increase;and employees progress through range
with annuals increases,If it performance warrants. She said In
September 2013,all employees would be brought to the closest stop based an
their current salary. Beginning in October 2013,she said employees will
advance one step on the first pay period following their anniversary date in the
position. She described the funding plan-FY 2013-14 General Fund $738,000;
annuals s In 2014$757,000. She discussed the next steps-including
verifying classifications.
Mayor Martinez asked for Council comments. Council members spoke
regarding the following issues: whether the plan was performance based;
does it cost more to do the proposed pay equity plan In FY 2014($1.4 million)
than the initial COLA Increase in the FY 2013($1.1 million);how the plan will
address chronically unfilled positions In the city due to low salaries;how to
address salary compression issues.
32. First Reading Ordinance-Adopting the Proposed Capital Budget
for FY 2013 -2014
Ordinance approving the FY 2014 Capital Budget and Capital
Improvement Planning Guide in the amount of$294,964,300
Mayor Martinez referred to Item 32. Assistant City Manager Oscar Martinez
stated that the purpose of the item was to approve the Fiscal Year 2013-2014
Capital Budget and Capital Improvement Planning Guide in the amount of
$294,964,300 on first reading. He no that Year 201344 was fully funded.
Mayor Martinez asked for public comment,and there was none. Mayor
Martinez asked for Council comments. The Council asked questions regarding
the Council's motion directing staff to contact regulators about delaying
interim treatment at the Oso Wastewater Treatment until construction Is
completed. Assistant City Manager Martinez said he had received a memo
from the Legal department regarding the issue but he felt it was unresponsive.
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He stated that he felt that there was a slim chance that the TCEQ would
approve the request Council members requested a response prior to second
reading.
City Attorney Carlos Valdez stated that the City was in serious negotiations
with the EPA on sanitary sewer overflow issues,and the TCEQ was part of the
discussion. He said that delaying complia nce with the TC EQ mandate could
harm negotiations.
The foregoing ordinance was passed on fi rst reading with the following vote:
Aye: 6- Council Member Allen,Council Member Leal,Mayor Martinez,Council
Member Scott, Council Member Ripjas and Council Member Garza
Nay: 3- Council Member Loeb,Council Member Magill and Council Member
McIntyre
Abstained: 0
33. First Reading Ordinance-Amending City code regarding water,
gas,wastewater,and street maintenance rates and fees
Ordinance amending the Code of Ordinances, City of Corpus Christi,
Chapter 55, regarding water, gas, wastewater, and street maintenance rates
and fees; consolidating, codifying, and adopting clarifying amendments of
Ordinance No. 029876 and Ordinance No. 029877 regarding street
maintenance fees, providing for publication, providing for severance, and
providing effective date,
Mayor Martinez referred to Item 33. Assistant Director of Management and
Budget Eddie Houlihan stated that the purpose of the its was to amend the
code of ordinances to include utility rate increases and street maintenance fee
that had been previously discussed. Mayor Martinez asked for public
comment,and there was none. Council members asked questions regarding
the residential Irrigation rate;If the rates could be changed if the TCEQ granted
our request to delay Interim measures on Oso Wastewater Treatment PlanL
The foregoing ordinance was passed and approved on fi rst reading with the
following vote:
Aye: 8- Council Member Allen,Council Member Leal, Mayor Martinez,Council
Member Scott,Council Member Magill, Council Member McIntyre,Council
Member Rlojas and Council Member Garza
Nay: 1 - Council Member Loeb
Abstained: 0
34. First Reading Ordinance-Increasing registration fees for animals
not spayed or neutered
Ordinance amending section 6-27 of the Corpus Christi Code by
increasing registration fees for animals not spayed or neutered-,
Providing an effective date; Providing for severance-, and Providing for
publication.
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This Ordinance was withdrawn by staff.
P. FUTURE AGENDA ITEMS: (ITEMS 35,-,43)
Mayor Martinez referred to Future Agenda Items. City Manager Olson said that
staff had presentations on Items 35,42,and 43. Council members asked for a
presentation on Item 40.
35. Parks and Recreation FY14 new fees and fees increasing more
than 25%
Resolution adding new rental and recreational use fees for fiscaly ar
2013-2014 and providing for publication; effective date; and severance
of the same.
This Resolution was recommended to regular agenda
36. Purchase of Mini Track Excavators
Motion approving the purchase of three (3) Mini Track Excavators from
Doggett Machinery, Corpus Christi, Texas in accordance with Bid
Invitation No. I-0151-1 based on lowest responsible bid for a total
expenditure of$84,150.00. Funding is available in the FY 2012-2013
Capital Outlay Budget of the Maintenance Service Fund.
This Motion was recommended to consent agenda
Enactment No:M2013-111
37. Service Agreements for Custodial Services for City Hall and Frost
Building
Motion approving service agreements for custodial services for City
Hall and Frost Building with the following companies for the following
amounts in accordance with Bid Invitation No. BI-0136-13, based on
low responsible bid for an estimated annual expenditure of
$170,920.80 of which $15,974.80 is required for FY 2012-2013, The
term of the contract will be for twelve months with an option to extend
for up to two additional twelve-month periods subject to the approval
of the service providers and the City Manager or designee, Funds
have been budgeted by Facility Maintenance Services in FY
2012-2013.
Martin's Janitorial Service ISS Facili!y Services, Inc.
Corpus Christi, TX Corpus Christi, TX
City Hall Frost Building
$127,656 $43,264.80
Grand Total: $170,920.80
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This Motion was recommended to consent agenda
Enactment No 2013-112
38. Supply Agreement for food items for the Meals on Wheels Elderly
Nutrition Program
Motion approving supply agreements with the following companies for
the following amounts in accordance with the Coastal Bend Council of
Governments Bid Invitation No. -1 -3 for food items which
include canned and frozen fruit and vegetables; meats and
condiments, for an estimated six month expenditure of$208,750.32 of
which $17,395.86 is required for FY 2012-2013.The terms of the
contracts shall be for six months with options to extend for up to three
additional months, subject to the approval of the Coastal Bend Council
of Governments, the suppliers, and the City Manager or designee,
Funds are available through the Meals on Wheels Grant.
La Batt Food Service Performance Food Group
Victoria, Texas
109 Line Items 91 Line Items
$78,011.32 $130,739-00
Grand Total: $208,750.32
This Motion was recommended to consent agenda
Enactment No M2013-113
39. Lease-Purchase of two heavy trucks and purchase of nine heavy
trucks
Motion approving the lease-purchase of two(2) heavy trucks and the
purchase of nine (9) heavy trucks for the total amount of
$1211,268,00, of which $1,015,992.00 is required for the remainder of
FY 2012-2013. The heavy trucks are awarded to the following
companies for the following amounts in accordance with Bid Invitation
No. BI-0164-13 based on lowest responsible bid. Funding for the
purchase of heavy trucks is available in the Capital Outlay Budget of
the Maintenance Service Fund. Financing for the lease-purchase of
heavy trucks will be provided through the City's lease/purchase
financing contractor.
Corpus Christi Freightliner Santex Truck Cent
Corpus Christi, TX Corpus Christi, TX
Items 1,2,3,4,7, & 8 Items 5 &6
$902,508-00 $308,760.00
Grand Total: 11,211,268.00
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This Motion was recommended to consent agenda
Enactment No:M2013-114
40. Mowing Services for for Water drainage and street
rights-of-way and Water production facilities
Motion approving service agreements for mowing services for Storm
Water drainage and street rights-of-way and Water production facilities
with the following companies, for the following amounts, in accordance
with Bid Invitation No. BI-011 -1 based on lowest responsible bid for
an estimated annual expenditure of$479,958.09, of is $39,996.50
is required for FY 2012-2013. The term of the service agreements will
be for one-year with an option to extend for two additional one-year
periods. Funding is available in the Storm Water and Water
Operations budgets.
Brown ul owino Aspen Lawn Care, LLC
Corpus Christi, TX Corpus Christi, TX
for Water-Group 1 Water-Groups 2 & 3
$417,197.99 $62,760.10
Grand Total: $479,958.09
This Motion was recommended to regular agenda
Enactment No:M2013-115
41. Memorandum of Understanding (MOU) regarding aerial spraying
for mosquitoes
Resolution authorizing the City Manager or his designee to execute a
Memorandum of Understanding with Nueces County to or together
in unison in determining the need for using aerial spraying to combat
the spread of the West it virus.,
This Resolution was recommended to consent agenda
Enactment No: 029902
42. Resolution In Support of 2014 General Obligation on Election
and approval of propositions and projects(Related items 32-33)
Resolution in support of calling fora General Obligation and Election
in November 2014 for the purpose of funding Street Improvements in
the amount of $84,410,000 (with $55,000,000 representing streets in
the greatest need of reconstruction and $29,410,000, representing
street capacity priorities and other street-related improvement
projects); and to review, finalize and approve the staff-recommended
street project list,
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This Resolution was recommended to regular agenda
43. Reimbursement Resolution in Support of 2014 General Obligation
Bond Election
Resolution relating to establishing the City's intention to reimburse
itself for the prior lawful expenditure of funds relating to constructing
various City improvements from the proceeds of tax-exempt
obligations to be issued by the City for authorized purposes;
authorizing other matters incident and related thereto; and providing
an effective date.
This Resolution was recommended to regular agenda
Q. BRIEFINGS TO CITY COUNCIL: (ITEM"-ffi
Texas Medicaid Managed Care Initiative(Grant Total $14.8 Million)
Mayor Martinez referred to Item 44. Director of Health Annette Rodriguez
stated that the purpose of the presentation was to discuss the Texas Medicaid
Managed Care Initiative,a$20 million grant that the City was awarded over 4
years. It directs more funding to hospitals,mental health facilties,and health
districts who provide csre to uninsured patients She said the health district
applied for a diabetes Intervention project grant($10 million)through the
county,and a obesity prevention grant($10 million)through the city. Dr.
William Burgin,local health authority,spoke regarding the obseiry program,
which is called the MEND(Mind,Exercise,Nutrition,Do ItI)program. He
discussed public education efforts for the program,which kicks off October 1,
2013.
Council members asked how any patients would enroll in the program;
addressing concerns of Dr.Wilson regarding the diabetes initiative.
G. CITY MANAGER'S COMMENTS I UPDATE ON CITY OPERATIONS:
Mayor Martinez referred to the City Manager Comments. City Manager Olson
reported on the following issues: participation of Parks,Solid Waste,and
Streets departments in the Holmes Drive emergency;public/private partnership
to demolish a dilapidated property on 1400 block of Leopard Street;street
dedication ohn 7700 block of Slough Road In honor of Mr.Larry Brooding;and
that he would show a music video written by San Marcos City Manager Jim
use as part of his City Manager comments next week.
R. ADJOURNMENT
Mayor Martinez adjourned the meeting at 9:55 p.m.
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