HomeMy WebLinkAboutMinutes City Council - 10/08/2013 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 October 8, 2013 which were approved by the City
Council on October 15, 2013.
WITNESSETH MY HAND AND SEAL, on this the 15th day of October, 2013.
Armando
City Secretary
SEAL
INDEXED
1201 Street
Cor us Christi corpus cLeon,TX 78 40
i
o II I: cctexas.com
Meeting Minutes
City Council
Tuesday,October 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.
Assistant City Secretary Rebecca Huerta informed the Council that due to the
absence of Mayor Nelda Martinez and Mayor Pro Tom Mark Scott,a motion was
required to appoint a member of the Council as Presiding Chair.
Council Member McIntyre made a motion appointing Council Member Magill as
Presiding Chair,seconded by Council Member Leal and passed.Presiding
Chair Magill called the meeting to order.
B. Invocation to be given by Reverend Patsy Koeneke, St. Mark's Lutheran Church
Reverend Koeneke gave the invocation.
C. Pledge of Allegiance to the Flag of the United States.
Ms.Teresa Rodriguez Bartlett with the Corpus Christi Hispanic Chamber of
Commerce gave the Pledge of Allegiance.
D. City Secretary Armando Chapa to call the roll of the required Charter Officers.
Assistant City Secretary Rebecca Huerta called the roll and stated that a
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 Assistant City
Secretary Rebecca Huerta.
Present: 7- Council Member Kelley Allen,Council Member Priscilla Leal,Council
Member David Loeb,Council Member Chad Magill,Council Member
Colleen Mclntyre,Council Member Lillian Riojas,and Council Member
Rudy Garza
Absent: 2- Mayor Nelda Martinez,and Council Member Mark Scott
E. Proclamations 1 Commendations
1. Proclamation declaring October 6-12, 2013 as "Fire Prevention Week"
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City Council Meeting Minutes October 8,2013
Proclamation declaring October 14-18, 2013 as"Court Observance
Week"
Presiding Chair Magill presented the Proclamations.An additional
proclamation was pressented declaring October 13-19,2013 as"YWCA Week
Without Violence".
G. CITY MANAGER'S COMMENTS 1 UPDATE ON CITY OPERATIONS:
Presiding Chair Magill deviated from the agenda and called for City Manager's
Comments.City Manager Ron Olson reported on the following issues:1)
Staffs continuing work and progress on the Litter Ordinance to revise,
consolidate,and enforce the various litter ordinances throughout the City
Code and to refine and include the plastic bag revisions within the Litter
Ordinance.2)The recognition of various City staff members and Council
Members Magill and Loeb at the recent uptown Neighborhoods Meeting.3)The
completion of the Business Plans and the integration of the plans in the City
Reporting System(CRP).Mr.Olson reported that staff will provide an on-line
demonstration of the CRP System at the next Council meeting.4)The progress
on the installation of the new accounting and personnel system(ERP)with an
anticipated target date of August 2014.5)The Police Department's fantastic job
managing Animal Control Services and the award of$30,000 to Animal Control
from the Rachel Ray Challenge.The City's Animal Control Division placed 2nd
in its division and 5th out of 49 entries.6)The success of the Library's"Food
for Fines"Program.7)The Finance Department received the"Leadership Circle
Award"from the Texas Comptroller's Office for financial transparency.8)An
update on the recruitment of the Assistant City Manager position and
Interviews schedule for October 18th.9)City Attorney Carlos Valdez submitted
his letter of resignation with an effective date of November 15th.Mr.Olson
announced his appointment of Lisa Aguilar as Interim Assistant City Attorney.
N. REGULAR AGENDA: (ITEMS 17)
17. Amendment to Ad Valorem Collections Contract with Nueces
County
Motion approving an amended agreement for ad valorem tax
collection services with Nueces County at an annual per parcel rate
established by Nueces County and continuing from year to year
unless canceled.
Presiding Chair Magill deviated from the agenda and referred to Item 17.
Director of Financial Services Constance Sanchez stated that the purpose of
this item is to amend the agreement for ad valorem tax collection services with
Nueces County.Nueces County Tax Assessor-Collector Kevin Kieschnick
explained that Nueces County is reviewing and updating the existing contracts
will all of the taxing entities to have more consistency,reflect current tax
practices and conform with the current Property Tax Code.There were no
comments from the public or the Council.This Motion was passed with the
following vote:
Aye: 7- Council Member Allen,Council Member Leal,Council:Member Loeb,
Council Member Magill,, Council Member McIntyre, Council Member
Riojas and Council Member Garza
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Absent: 2- Mayor Martinez and Council Member Scott
Abstained: 0
Enactment No: M2013-152
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.
Presiding Chair Magill called for public comment.Mr.Abel Alonzo commended
City Attorney Carlos Valdez for doing an excellent job during his service to the
City and for saving taxpayer dollars.Mr.Alonzo requested consideration for
hiring within the organization for the positions of City Secretary and City
Attorney.Cheryl Martinez spoke regarding council members receiving
complaints about the animal problems in the City and encouraged citizens to
volunteer and find solutions;she presented a response to those complaints.
Mary Lou Huffman spoke regarding the various fees throughout the City.Juan
Ariaza spoke regarding the percentage of the City's Hispanic population and
how City leaders communicate and address the Hispanic community.
PLEASE BE ADVISED THAT THE OPEN MEETINGS ACT PROHIBITS THE CITY
COUNCIL FROM RESPONDING AND DISCUSSING YOUR COMMENTS AT
LENGTH.THE LAW ONLY AUTHORIZES THEM TO DO THE FOLLOWING:
1. MAKE A STATEMENT OF FACTUAL INFORMATION.
2. RECITE AN EXISTING POLICY IN RESPONSE TO THE INQUIRY.
3. ADVISE THE CITIZEN THAT THIS SUBJECT WILL BE PLACED ON AN
AGENDA AT A LATER DATE.
PER CITY COUNCIL POLICY, NO COUNCIL MEMBER, STAFF PERSON, OR
MEMBERS OF THE AUDIENCE SHALL BERATE, EMBARRASS,ACCUSE, OR
SHOW ANY PERSONAL DISRESPECT FOR ANY MEMBER OF THE STAFF,
COUNCIL MEMBERS, OR THE PUBLIC AT ANY COUNCIL MEETING. THIS
POLICY IS NOT MEANT TO RESTRAIN A CITIZEN'S FIRST AMENDMENT
RIGHTS.
H. EXECUTIVE SESSION: ITEM 2
Presiding Chair Magill referred to the executive session on the day's agenda.
The Council went into executive session.
2. Executive session pursuant to Section 551,072 of the Texas
Government Code to deliberate the U.S, Coast Guard Project Ground
Lease because negotiations in an open meeting would have a
detrimental effect on the city's position in negotiations with a third
party with possible discussion and action in open session.
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The Council returned from executive session.Item 23 is related to the
executive session.
N. REGULAR AGENDA: (ITEM 23)
23. Approving Modifications to U.S. Coast Guard Project Ground
Lease
Motion to reconsider the existing ground lease between the City of
Corpus Christi and the FDL-CC, LLC and approve requested
modifications to ground lease to accommodate requirements imposed
upon FDL-CC, LLC by their lender,
Presiding Chair Magill deviated from the agenda and referred to Item 23.
Assistant City Manager Wes Pierson stated that the purpose of this item is to
reconsider the existing ground lease between the City and FOL-CC,LLC and
approve requested modifications.Mr.Pierson presented the list of
modifications to the contract including the terms;conflict languages;
definitions and termination changes.There were no comments from the public
or the Council.The motion was passed and approved with the following vote:
Aye: 7- Council Member Allen, Count.Member Leal,Council Member Loeb„
Council Member Magill,Council Member McIntyre,Council Member
Rioias and Council Member Garza
Absent: 2- Mayor Martinez and Councl Member Scott
Abstained: 0
Enactment No M2013-155
I. MINUTES: (ITEM 3)
3. Regular Council Meeting of September 17, 2013 and Regular Council
Meeting of September 24, 2013
Presiding Chair Magill referred to the approval of the minutes.Council Member
McIntyre made a motion to approve the minutes as presented,seconded by
Council Member Garza.The minutes were approved.
J. BOARDS& COMMITTEE APPOINTMENTS: (NONE)
K. EXPLANATION OF COUNCIL ACTION:
L. CONSENT AGENDA: ITEMS 4-18
Approval of the Consent Agenda
Presiding Chair Magill called for the consent agenda.There were no comments
from the public or the Council.Assistant City Secretary Rebecca Huerta
reported that Presiding Chair Magill submitted a conflict of interest form for
Item 16 and would abstain from the vote on that item.The consent agenda was
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passed in one vote as follows:
Aye: 7- Council Member Allen„Council Member Leal, Council Member Loeb„
Council Member Magill, Council Member McIntyre,Council Member
Rioias and Council Member Garza
Absent: 2- Mayor Martinez and Council Member Scott
Abstained: 0
4. Approving Lease purchase for Curbside Refuse and Recycle
Containers
Motion approving the lease purchase of 7,488 96-gallon curbside
refuse containers and 1,872 96-gallon curbside recycle containers
from Toter Incorporated, Statesville, NC for the total amount of
$488,989.20. The award is based on the cooperative purchasing
agreement with the Houston-Galveston Area Council of Governments
(H-GAC). The containers will be used in the City's automated
collection program. Funds for the lease purchase of the curbside
collection containers will be provided through the City"s
lease/purchase financing program..
This Motion was passed on the Consent Agenda.
Enactment No: M2013-147
5. Approving a supply agreement for trap rock used for seal coating
Motion approving a supply agreement with Vulcan Construction
Materials, L.P., San Antonio, Texas for approximately 6,000 tons of
trap rock in accordance with Bid Invitation No. BI-0176-13 based on
lowest responsible bid, for a total amount of$277,500 of which
$231,250 is required for FY 2013-2014. The term of the supply
agreement will be twelve-months with an option to extend for up to two
additional twelve-month periods subject to the approval of the supplier
and the City Manager or designee. Funds have been budgeted by the
Street Department in FY 2013-2014.
This Motion was passed on the Consent Agenda.
Enactment No: M2013-148
6. Contract-Approving Data Collection Unit(DCU) Component
Upgrade to the Automated Meter Reading (AMR) System
Motion approving a contract with Aclara Technologies LLC,
Hazelwood, Missouri for the purchase and installation of components
on approximately 61 Data Collection Units (DCU's)of the City's
automatic meter reading (AMR) system. The award is based on sole
source, for a total amount of$71,791.33. Funds have been budgeted
by the MIS Department in FY 2013-2014.
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This Motion was passed on the Consent Agenda.
Enactment No M2013.149
7. Engineering Design Contract Amendment No. 2 for two new 10
Million Gallons Daily(MGD) Pumps for the Staples Street
Pumping Plant
Motion authorizing the City Manager„ or designee, to execute
Amendment No. 2 to the Contract for Professional Services with
Urban Engineering of Corpus Christi,, Texas in the amount of
$135,640.00, for a total restated fee not to exceed $352,110.00 for the
Staples Street Pumping Plant New 10 MGD Pumps Project.
This Motion was passed on the Consent Agenda.
Enactment No;M2013k15 '
8. Engineering Design Amendment No. 1 -McArdle Road
Improvements -Ennis Joslin Road to Whitaker Drive(Bond 2012)
Motion authorizing the City Manager or designee to execute
Amendment No. 1 to a Contract for Professional Services with RVE,
Inc, of Corpus Christi,„ Texas in the amount of$155,520.00, for a total
restated fee not to exceed $1,113,24000 for McArdle Road from Nile
Drive to Ennis Joslin Road and McArdle Road from Whitaker Drive to
Nile Drive, for design, bid, and construction phase services BOND
ISSUE 2012. (Proposition No.. 1 Street Projects)
This Motion was passed on the Consent Agenda.
Enactment No M2013-151
9. Second Reading Ordinance-Amending the Unified Development
Code's limitations on restaurants in the neighborhood
commercial and office zoning districts. (1st Reading 9124113)
Ordinance amending the Unified Development Code for limitations on
restaurants in the neighborhood commercial and office zoning districts
by revising subsection 5,2.11 - Restaurant; and providing for
severance, penalties, and publication.
This Ordinance was passed on second reading on the Consent Agenda.
Enactment No' 029959
10. Second Reading Ordinance- Rezoning from the"RS-6"
Single-Family 6 District to the "RM-1" Multifamily 1 District, on
properties located at 1309 Daly Drive and 1302 Woodlawn Drive.
(1st Reading 9124/13)
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Case No. 0813-03 Hammond Jones Real Estate Development LLC: A
rezoning from the"RS-6"Single-Family 6 District to the"RM-1"
Multifamily 1 District, resulting in a partial change to the Future Land
Use Plan. The property to be rezoned is described as being the south
24 feet of Lot 1, all of Lots 2-10, the north 33 feet of Lot 19, and all of
Lots 20-24, Block 2, Woodlawn Estates, located on the south side of
McArdle Road between Woodlawn and Daly Drives.
Planning Commission and Staff Recommendation (August 28 2013):
Approval of the change of zoning from the"RS-6" Single-Family 6
District to the"RM-1" Multifamily 1 District.
Ordinance
Ordinance amending the Unified Development Cade("UDC") upon
application by Hammond Jones Real Estate Development LLC, acting
as agent on behalf of Allen Lovelace Moore and Blanche Davis Moore
Foundation ("Owner"), by changing the UDC Zoning Map in reference
to the south 24 feet of Lot 1, all of Lots 2-10, the north 33 feet of Lot
19, and all of Lots 20-24, Block 2, Woodlawn Estates, located on the
south side of McArdle Road between Woodlawn and Daly Drives, from
the"RS-6"Single-Family 6 District to the"RM-1" Multifamily 1 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 an the Consent Agenda.
Enactment No' 029960
11. Second Reading Ordinance-Rezoning from the"RM ATI10"
Multifamily AT District with an Island Overlay and the"RS-6110"
Single-Family 6 District with an Island Overlay to the
"RM-ATIIOIPUD" Multifamily AT District with an Island Overlay
and a Planned Unit Development Overlay, on properties located
at 15013 -15029 Leeward Drive and 15022 Aruba Drive. (1st
Reading 9124113)
Case No. 0813-04 Doug Shaw, A rezoning from the"RM-AT110"
Multifamily AT District with an Island Overlay and the"RS-6110"
Single-Family 6 District with an Island Overlay to the"RM-ATIIOIPUD'"
Multifamily AT District with an Island Overlay and a Planned Unit
Development Overlay, not resulting in a change to the Future Land
Use Plan. The property to be rezoned is described as Lots 5 and
14-18, Block 2, Section E, Padre Island -Corpus Christi, located
between Aruba and Leeward Drives„ approximately 200 feet south of
Running Light Drive:
Planning Commission and Staff Recommendation (August 28. 2013):
Approval of the change of zoning from the"RM-ATIIO" Multifamily AT
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District with an Island Overlay and the"RS-6110" Single-Family 6
District with an Island Overlay to the"RM-AT/10/PUD" Multifamily AT
District with an Island Overlay and a Planned Unit Development
Overlay, subject to 10 conditions.
Ordinance
Ordinance amending the Unified Development Code("UDC"), upon
application by Doug Shaw("Owner"), by changing the UDC Zoning
Map in reference to Lots 5 and 14-18, Block 2, Section E, Padre
Island -Corpus Christi, from the"RM-AT/10" Multifamily AT District
with an Island Overlay and the"RS-6110" Single-Family 6 District with
an Island Overlay to the"RM-AT/10/PUD" Multifamily AT District with
an Island Overlay and a Planned Unit Development Overlay;
amending the Comprehensive Plan to account for any deviations; and
providing for a repealer clause and publication.
This Ordinance was passed on second reading on the ConsentAgenda.
Enactment No:029961
12. Second Reading Ordinance- Rezoning from the"RM-AT/10"
Multifamily AT District with an Island Overlay to the
11RM-AT/10/PUD" Multifamily AT District with an Island Overlay
and a Planned Unit Development Overlay, on property located at
15030, 15034,and 15038 Aruba Drive. (1st Reading 9124113)
Case No. 0813-05 Doug Shaw and Jill Shaw: A rezoning from the
"RM-AT/10" Multifamily AT District with an Island Overlay to the
"RM-AT/10/PUD" Multifamily AT District with an Island Overlay and a
Planned Unit Development Overlay, not resulting in a change to the
Future Land Use Plan. The property to be rezoned is described as
Lots 1-3, Block 2, Section E, Padre Island - Corpus Christi, located
along the east side of Aruba Drive, approximately 175 feet west of
Leeward Drive.
Planning Commission and Staff Recommendation (August 28, 2013):
Approval of the change of zoning from the"RM-AT/10" Multifamily AT
District with an Island Overlay to"RM-AT110/PUD" Multifamily AT
District with an Island Overlay and a Planned Unit Development
Overlay, subject to 10 conditions.
Ordinance
Ordinance amending the Unified Development Code ("UDC"), upon
application by Doug Shaw and Jill Shaw("Owners"), by changing the
UDC Zoning Map in reference to Lots 1-3, Block 2, Section E, Padre
Island -Corpus Christi, from the"RM-AT/10" Multifamily AT District
with an Island Overlay to the"RM-ATIIO/PUD" Multifamily AT District
with an Island Overlay and a Planned Unit Development Overlay;
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amending the Comprehensive Plan to account for any deviations; and
providing for a repealer clause and publication.
This Ordinance was passed on second reading on the Consent Agenda.
Enactment No 029962
13. Second Reading Ordinance-Restricting the use of wireless
communications while driving (1st Reading 9124113)
Ordinance adding a new section 53-16 of the city code relating to
restrictions on use of wireless communications while driving, creating
an offense, providing for penalties, providing for severance, providing
for publication, and providing for an effective date.
This Ordinance was passed on second reading on the Consent Agenda.
Enactment Noy 029963
14. Second Reading Ordinance-Accepting and appropriating State
grant amendment increase(1st Reading 9124113)
Ordinance authorizing the City Manager or designee to execute all
documents necessary to accept and appropriate a grant amendment
in the amount of$50,000 from the Texas Department of State Health
Services in the Health Grants Fund No, 1066, to provide funds for the
Woman, Infants, and Children (WIC) Program,.
This Ordinance was passed on second reading on the Consent Agenda.
Enactment No' 029964
15. Second Reading Ordinance-Amending Appendix A of the
Interlocal Agreement to Promote Community Dialogue on
Regional Health Awareness (1st Reading 9124113)
Ordinance authorizing the City Manager to execute all documents
necessary to approve and accept this second amendment to Appendix
A, of the Regional Health Awareness Board's ("RHAB") Interlocal
Agreement to Promote Community Dialogue on Regional Health
Awareness, by adding the Texas A&M Irma Lerma Rangel College of
Pharmacy and Education Service Center, Region 2 as organizations
that may appoint members to the RHAB
This Ordinance was passed on second reading on the Consent Agenda.
Enactment No;029965
16. Second Reading Ordinance-Closing a portion of a 10-foot wide
utility easement (1st Reading 9124113)
Ordinance abandoning and vacating a portion of a 10-foot wide utility
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easement out of Parkdale Village Annex B and Lot 2, Parkdale Village
Annex C and requiring the owner, TWF Partners, LLC., to comply with
specified conditions.
This Ordinance was passed on second reading with the following vote:
Aye: 6- Council MemberAllen,, Council Member Leal,Council Member Loeb,
Council Member McIntyre, Council Member Riojas and Council Member
Garza
Absent: 2- Mayor Martinez and Council Member Scott
Abstained: 1 - Council Member Magill
Enactment No. 029966
M. PUBLIC HEARINGS: (NONE)
N. REGULAR AGENDA: (ITEMS 18-22. and 24)
18. Refunding of Corpus Christi Business and Job Development
Corporation Arena Bonds
Resolution by the City Council of the City of Corpus Christi, Texas
relating to "Corpus Christi Business and Job Development Corporation
Sales Tax Revenue Refunding Bands, Series 2013 (Arena Project)";
approving the resolution of Corpus Christi Business and Job
Development Corporation authorizing the issuance of such bonds; and
resolving other matters incident and related to the issuance of such
bonds; and providing an effective date.
Presiding Chair Magill referred to Item 18.Director of Financial Services
Constance Sanchez stated that the purpose of this item is to approve a
resolution passed by the Corpus Christi Business and Job Development
Corporation on September 16, 2013 to refinance the bonds for the arena.
Presiding Chair Magill called for comments from the public.Abel Alonzo spoke
regarding the savings for refunding the bonds and said this item is an example
of staff saving taxpayer money.This Resolution was passed with the following
vote:
Aye: 7- Council Member Allen„Council Member Leal,Council Member Loeb,.
Council Member Magi N, Council Member McIntyre,Council Member
Riojas and Council Member Garza
Absent: 2- Mayor Martinez and Council Member Scott
Abstained: 0
Enactment No:029967
19. Refunding of Corpus Christi Business and Job Development
Corporation Baseball Stadium Bonds
Resolution by the City Council of the City of Corpus Christi, Texas
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relating to"Corpus Christi Business and Job Development Corporation
Sales Tax Revenue Refunding Bonds, Series 2013 (Baseball Stadium
Project)"; approving the resolution of Corpus Christi Business and Job
Development Corporation authorizing the issuance of such bonds, and
resolving other matters incident and related to the issuance of such
bonds; and providing an effective date.
Presiding Chair Magill referred to Item 19.Director of Financial Services
Constance Sanchez stated that the purpose of the item is for the approval of a
resolution that the Corpus Christi Business and Job Development Corporation
passed on September 16,2013 to refinance the bonds for the baseball stadium.
There were no comments from the public or the Council.This Resolution was
passed and approved with the following vote:
Aye: 7- Council Member Allen,Council Member Leal,Council Member Loeb,
Council Member Magill,Council Member McIntyre,Council Member
Riojas and Council Member Garza
Absent: 2- Mayor Martinez and Council Member Scott
Abstained: 0
Enactment No:029968
20. Second Reading-Adopting Joint Land Use Study (JLUS)
Background Report as an element of the Comprehensive Plan
(1st Reading 9124143)
Ordinance accepting the NAS Corpus Christi Joint Land Use
Background Report and amending the Comprehensive Plan of the City
of Corpus Christi by adopting the NAS Corpus Christi Joint Land Use
Study; providing for repeal of conflicting ordinances„ providing for
severance; and providing for publication,
Presiding Chair Magill referred to Item 20.Senior Planner Bob Payne stated
that the purpose of this item is to adopt the Joint Land Use Study.There were
no comments from the public or the Council.The ordinance be passed on
second reading and approved with the following vote:
Aye: 7- Council Member Allen,,Council Member Leal,Council Member Loeb„
Council Member Magill„Council Member McIntyre,Counci'i Member
Riojas and Council Member Garza
Absent: 2- Mayor Martinez and Council Member Scott
Abstained: 0
Enactment No 029969
21. Purchase of Five Pickup Trucks for Beach Rescue and Beach
Maintenance
Motion approving the purchase of five (5) pickup trucks from Philpott
Motors, Nederland, Texas for a total expenditure of$143,901.25 The
award is based on the cooperative purchasing agreement with the
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Texas Local Government Purchasing Cooperative (TLGPC). Funds
have been budgeted by the Parks and Recreation Department in FY
2013-2014.
Presiding Chair Magill referred to Item 21.Assistant Director of Financial
Services Michael Barrera stated that the purpose of this item is to purchase
five(5)pickup trucks for beach rescue and maintenance.In response to
council member questions at the previous meeting,Mr.Barrera reported the
following findings:CNG engines on the Ford F150 are not available in 4-wheel
drive;an F250 truck is available in 4-wheel drive but the size does not work
well on the beach;and the distance to the closest CNG fueling station would
result In lost productivity and additional miles to the vehicle. There were no
comments from the public or Council. The Motion was passed with the
following vote:
Aye: 7- Council Member Allen,Council Member Leal, Council Member Loeb,
Council Member Magill,Council Member McIntyre,Council.Member
Riojas and Council Member Garza
Absent: 2- Mayor Martinez and Council Member Scott
Abstained: 0
Enactment Noi M2013-153
22. Approving the lease-purchase of one Freightliner Truck with
Pressure Digger Body
Motion approving the lease-purchase of one (1) Freightliner truck with
pressure digger body from Freightliner of Houston, Houston, Texas for
a total amount of$285,809.00, The award is based on the cooperative
purchasing agreement with the Houston-Galveston Area Council of
Governments (HGAC). Funding is available from the City's
lease-purchase financing contractor,
Presiding Chair Magill referred to Item 22.Assistant Director of Financial
Services Michael Barrera stated that the purpose of this item is to approve the
lease-purchase of a freightliner truck with pressure digger body.Mr.Barrera
reported that the expected life of the vehicle is 15 years and presented a cost
comparison between a CNG and diesel engine.There were no comments from
the public or Council.The motion was approved with the following vote:
Aye: 7- Council Member Allen,, Council Member Leal,Council Member Loeb,
Council Member Magill,;Council Member McIntyre,Council Member
Riojas and Council Member Garza
Absent: 2- Mayor Martinez and Council Member Scott
Abstained: 0
Enactment No:M2013-154
24. Emergency Ordinance-Appropriating funds from the General
Fund Unreserved Fund Balance to hold Special Election on
November 5, 2013
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Ordinance appropriating $169,182-36 from the Unreserved Fund
Balance in the No. 1020 General Fund for additional costs relating to
Proposition 1 regarding Destination Bayfront of the November 5, 2013
special election; and changing the FY 2013-2014 Operating Budget
adopted by Ordinance No.029915 to increase appropriations by
$169,182.36; and declaring an emergency
Presiding Chair Magill referred to Item 24.Assistant Director of Management
and Budget Eddie Houlihan stated that the purpose of this item is to
appropriate sufficient funds to cover the cost of the November 5,2013 election.
Mr.Houlihan explained that the estimated cost of the election was
approximately$200,000 based on past elections and verbal confirmation from
Nueces County.Mr.Houlihan reported that the cost of the Joint Election has
increased and this action in required to appropriate the difference.Council
members asked questions regarding the following topics:whether the cost of
the election would be the same amount to taxpayers if the City was not
participating;an explanation of the increased costs;the cost of Destination
Bayfront Phases I and 2;the cost of previous elections;and how the estimated
was determined.
Assistant City Secretary Rebecca Huerta reported that County Clerk Diana
Barrera submitted a letter outlining the drivers affecting the increased cost
Including new Voter II]law training for all election workers;developing and
formatting the ballot;increased rental cost of voting equipment;and shared
costs between entities.Council Member Leal requested to go on record that
she voted against the original election costs of$200,000 and would not be
supporting this additional amount.
Presiding Chair Magill called for comments from the audience.Jack Gordy
commented that the Council should have waited until the uniform Council
elections to Include this proposition and the cost of the election is wasting
taxpayer dollars.Joan Velth stated that she is an election judge and all election
workers are required to attend the mandatory training on the new Voter ID
laws.Abel Alonzo requested that Council approve this item to allow the voters
the opportunity to decide if they support the Destination Bayfront
proposition.The Ordinance was passed on emergency reading and approved
With the following vote:
Aye: 6- Council Member Allen, Council Member Loeb,Council Member Magill,
Council Member McIntyre„Council Member Riojas and Council Member
Garza
Nay: 1 - Council Member Leal
Absent: 2- Mayor Martinez and Council Member Scott
Abstained: 0
Enactment No:029970
O. FIRST READING ORDINANCES: (ITEMS 25-33)
25. First Reading Ordinance-Accepting and appropriating the FY 13
Edward Byrne Memorial Justice Assistance Grant for crime
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control and prevention
Ordinance authorizing the City Manager or designee to execute all
documents necessary to accept a grant from the U. S, Department of
Justice, Bureau of Justice Assistance, in the amount of$162,583 for
the FY 2013 Edward Byrne Memorial Justice Assistance Grant (JAG)
Program; and Appropriating the $162,583 in the No. 1061 Police
Grants Fund to fund the enhancement of law enforcement efforts by
the Police Department and Nueces County under an established
interlocal agreement which provides that 50%of the funds to be
distributed to Nueces County
Presiding Chair Magill referred to Item 25.Police Chief Floyd Simpson stated
that the purpose of this item is to accept and appropriate a grant for the
FY2013 Edward Bryne Memorial Justice Assistance Grant Program.Chief
Simpson said the funds will be used to focus on enforcementiprevention,
cybercrime,and intelligence analysis.There were no comments from the
public or the Council.The Ordinance was passed on first reading and
approved with the following vote:
Aye: 5- Council Member Allen, Council Member Leal,Council Member Loeb
Council Member Magill and Council Member Garza
Absent: 4- Mayor Martinez,Council Member Scott.Council Member McIntyre and
Council Member Riojas
Abstained: 0
26. First Reading Ordinance-Accepting and appropriating the
Victims of Crime Act(VOCA) Outreach Program grant within the
Police Department for Year 1
Ordinance authorizing the City Manager or designee to execute all
documents necessary to accept a grant from the State of Texas,
Criminal Justice Division in the amount of$67,660.55 to establish the
Victims of Crime Act (VOCA) Outreach Program within the Police
Department with a City match of$13,533.07 and an in-kind match of
$3,382.07 from the No. 1020 Police General Fund; Appropriating the
$67,660.55 in the No. 1061 Police Grants Fund for the VOCA
Outreach grant in the Police Department; and authorizing the transfer
of$13,533.07 from the No. 1020 Cash Contribution to the No. 1061
Police Grants Fund and appropriating the same for a total project cost
of$84,575.69.
Presiding Chair Magill referred to Item 26.Police Chief Floyd Simpson stated
that the purpose of this item is to accept and appropriate the new Victims of
Crime Act tVOCA)Outreach Program Grant in the amount of$67,660 to provide
outreach for crime victims.Presiding Chair Magill called for comments from
the public.Christopher Dishman asked how the funding would be used.Chief
Simpson responded that the funds would provide for a case manager and staff
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assistant to assist with counseling victims and family members of violent
crimes.The Ordinance was passed on first reading and approved with the
following vote:
Aye: 6- Council Member Leal,Council Member Loeb,Council Member Magill„
Council Member McIntyre,Council Member Riojas and Council Member
Garza
Absent: 3- Council Member Alien,Mayor Martinez and Council Member Scott
Abstained: 0
27. First Reading Ordinance-Accepting and appropriating the
Victims of Crime Act Grant(VOCA)within the Police Department
for Year 14
Ordinance authorizing the City Manager or designee to execute all
documents necessary to accept a grant from the State of Texas,
Criminal Justice Division in the amount of$79,188.69 for Year 14 of
the Victims of Crime Act Grant (VOCA) Program within the Police
Department with a City match of$16,964.54 and an in-kind match of
$4,000 from the No. 1020 Police General Fund; appropriating the
$79,188.69 in the No. 1061 Police Grants Fund for the VOCA grant in
the Police Department; and authorizing the transfer of$16,964.54
from the No. 1020 Cash Contribution to the No. 1061 Police Grants
Fund and appropriating the same for a total project cost of
$100,153.23.
Presiding Chair Magill referred to Item 27.Police Chief Floyd Simpson stated
that the purpose of this item is to accept and appropriate the Victims of Crime
Act Grant(VOCA)for Year 14 to provide direct services to victims of crimes.
There were no comments from the public or Council.The Ordinance was
passed on first reading and approved with the following vote:
Aye: 6- Council Member Leal,Council Member Loeb,,Council Member Magill„
Council Member McIntyre,Council Member Riojas and Counc0 Member
Garza
Absent: 3- Council Member Allen,Mayor Martinez and Council Member Scott
Abstained: 0
28. First Reading Ordinance-Accepting and appropriating a
Continued Services 'Bundle" Grant from the Department of State
Health Services
Ordinance authorizing the City Manager or designee to execute all
documents necessary to accept and appropriate a total grant amount
of$726,622 from the Texas Department of State Health Services in
the Health Grants Fund No. 1066 to provide continued clinical services
for the contract period of September 1, 2013 through August 31, 2014;
and to ratify acceptance of the grants to begin as of September 1,
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2013.
Presiding Chair Magill referred to Item 28.Director of Public Health Annette
Rodriguez stated that the purpose of this item is to accept and appropriate a
continued services"bundled"grant from the Department of State Health
Services in the amount of$726,622.There were no comments from the public
or Council.The Ordinance was passed on first reading and approved with the
following vote:
Aye: 5- Council Member Leal,Council Member Magill,Council Member McIntyre,
Council Member Riojas and Council Member Garza
Absent: 4- Council Member Allen,Council Member Loeb,Mayor Martinez and
Council Member Scott
Abstained: 0
29. First Reading Ordinance-Accepting and appropriating State
grant for bay water sample analysis
Ordinance authorizing the City manager or designee to execute all
documents necessary to accept and appropriate a grant of$22,500
from the Texas Department of State Health Services in the Health
Grants Fund No. 1066 to provide laboratory services for the analysis
of bay water samples for the contract period of September 1, 2013
through August 31, 2014; and to ratify acceptance of the grant to
begin as of September 1, 2013.
Presiding Chair Magill referred to Item 29.Director of Public Health Annette
Rodriguez stated that the purpose of this item is to approve a seafood and
aquatic life activities grant to allow the Health District to test oyster beds to
assure that they are safe for human consumption.There were no comments
from the public or Council.The Ordinance was passed on first reading with the
following vote:
Aye: 5- Council Member Leal,Council Member Magill,Council Member McIntyre,
Council Member Riojas and Council Member Garza
Absent: 4- Council Member Allen,Council Member Loeb,Mayor Martinez and
Council Member Scott
Abstained: 0
30. First Reading Ordinance - Appropriating funds to reimburse
developer for construction of wastewater collection line
Ordinance appropriating $63,794.00 from the NO. 4220 Sanitary
Sewer Collection Line Trust Fund to reimburse 15T Investments, LLC „
("Developer'), for the extension of a 10-inch sanitary sewer collection
line, including all related appurtenances for development of Lot 2,
Block 13 Airport Industrial Subdivision, as specified in the wastewater
collection line extension construction and reimbursement agreement.
Presiding Chair Magill referred to Item 30.Senior Project Manager Julio Dimas
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stated that the purpose of this item is to reimburse 1ST Investments LLC for the
Installation of a sanitary sewer collection line.There were no comments from
the public or Council.The Ordinance was passed on first reading and
approved with the following vote:
Aye: 5- Council Member Leal,Council Member Magill,Council Member McIntyre,
Council Member Riojas and Council Member Garza
Absent: 4- Council Member Allen,Council Member Loeb,Mayor Martinez and
Council Member Scott
Abstained: 0
31. First Reading Ordinance-Appropriating funds to reimburse
Wal-mart Real Estate Business Trust for the shared cost to
construct Dunbarton Oaks Drive for Cimarron Estates
Ordinance appropriating $647.90 of interest earned in the NO. 4730
Infrastructure Fund and transfer to NO. 3530 Streets CIP Fund, and
appropriating $102,218.24 from the NO. 4730 Infrastructure Fund to
reimburse Wal-Mart Real Estate Business Trust; and approving
$194,180.07 to reimburse Wal-Mart Real Estate Business Trust from
the NO. 4730 Infrastructure Fund for'/ street construction cost of
constructing Dunbarton Oaks Drive, for Cimarron Estates.
Presiding Chair Magill referred to Item 31.Senior Project Manager Julio Dimas
stated that the purpose of this item is to reimburse Wal-Mart for the shared
cost to construct Ounbarton Oaks Drive and Cimarron Estates.There were no
comments from the public or Council.The Ordinance was passed on first
reading and approved with the following vote:
Aye: 7- Council Member Allen,Council Member Leal,Council Member Loeb,
Council Member Magill,Council Member McIntyre,Council Member
Riojas and Council Member Garza
Absent: 2- Mayor Martinez and Council Member Scott
Abstained: 0
32. First Reading Ordinance-Accepting and appropriating Keep
America Beautiful Grant for National Day of Action and Great
American Clean Up Events
Ordinance authorizing the City Manager or designee to execute all
documents necessary to accept and appropriate a $1,000 grant from
Keep America Beautiful for National Day of Action and the Great
American Clean Up Events in the No. 1051 Solid Waste Grant Fund to
be used to reimburse for National Day of Action expenses.
Presiding Chair Magill referred to Item 32.Director of Solid Waste Operations
Lawrence Mikolajczyk stated that the purpose of this item is to accept and
appropriate a grant from Keep America Beautiful to fund National Day of Action
in the amount of$1,000.There were no comments from the public or Council.
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The Ordinance was passed on first reading and approved with the following
vote:
Aye: 7- Council Member Allen,Council Member Leal„Council Member Loeb,
Council Member Magill,Council Member McIntyre,Council Member
Riojas and Council Member Garza
Absent: 2- Mayor Martinez and Council Member Scott
Abstained: 0
33, First Reading Ordinance-Accepting and appropriating grant for
Cigarette Litter Prevention Program
Ordinance authorizing the City Manager or designee to execute all
documents necessary to accept and appropriate a$2,000 grant from
Keep America Beautiful's Cigarette Litter Prevention Program in the
No, 1051 Solid Waste Grant Fund to fund projects, activities and clean
ups associated with Cigarette Litter Prevention.
Presiding Chair Magill referred to Item 33.Director of Solid Waste Operations
Lawrence Milolajczyk stated that the purpose of this item is to accept and
appropriate a grant to fund activities for the Cigarette Litter Prevention
Program in the amount of$2,000.There were no comments from the public or
Council.The Ordinance was passed on first reading and approved with the
following vote:
Aye: 7- Council Member Allen,Council Member Leal„Council Member Loeb,
Council Member Magill,Council Member McIntyre,Council Member
Riojas and Council Member Garza
Absent: 2- Mayor Martinez and Council Member Scott
Abstained: 0
P'. FUTURE AGENDA ITEMS: (ITEMS 34-39)
Presiding Chair Magill referred to the Future Agenda.City Manager Ron Olson
stated that staff had a presentation for Item 39.Council members requested a
presentation on Item 36.
34. Purchase of Victory Police Motorcycles
Motion approving the purchase of four(4) police motorcycles from
GRAMS, Inc. dba Corpus Christi CyclePlaza, Corpus Christi, Texas for
an estimated expenditure of$114,364.00, of which $110,614,00 is
required for the remainder of FY 2013-2014. Funding is available in
the FY 2013-2014 Capital Outlay Budget.
This Motion was recommended to consent agenda
35, Construction contract for the Public Safety Warehouse Re-Bid
(Bond 2008)
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Motion authorizing the City Manager, or designee, to execute a
Construction Contract with Henock Construction from San Antonio,
Texas in the amount of$2,103,883.77, for the Public Safety
Warehouse Re-Bid project for the base Bid plus Additive Alternates 1,
2 & 3 (Bond 2008).
This Motion was recommended to consent agenda
36. Engineering Construction Contract for Lifecycle Curb and Gutter
Replacement
Motion authorizing the City Manager, or designee, to execute a
construction contract with A. Ortiz Construction & Paving, Inc. of
Corpus Christi, Texas in the amount of$386,350.00 for the Base Bid
for Lifecycle Curb and Gutter Replacement for the Indefinite
Deliveryllndefinite Quantity (IDIQ) contract base year.
This Motion was recommended to consent agenda
37. Engineering Design Contract Amendment No. 1 for High Service
Pump Building No. 3(RSPB No. 3)at the O. N.Stevens Water
Treatment Plant
Motion authorizing the City Manager or designee to execute the
Amendment No. 1 to the Contract for Professional Services with LNV,
Inc. of Corpus Christi, Texas in the amount of$2,358,103,00, for a
total restated fee of$2,405,603.00 for the O.N. Stevens Water
Treatment Plant High Service Building No. 3,
This Motion was recommended to consent agenda
38. Certification of 2013 Tax Levy
Motion approving the 2013 Property Tax Levy of$89,809„808.21
based on the adopted property tax rate of$0.585264 per$100
valuation, in accordance with Section 26.09 (e) of the Texas Property
Tax Code.
This Motion was recommended to consent agenda
39. Supporting potential Federal Transit Administration (FTA)grantee
status for the City and authorizing a Memorandum of
Understanding with the Corpus Christi Regional Transit Authority
and the Corpus Christi Metropolitan Planning Organization for
grant coordination
Resolution in support of the City of Corpus Christi (City) becoming a
Federal Transit Administration (FTA) grantee and authorizing the City
Manager or designee to file documentation necessary for the City to
achieve FTA grantee status; and authorizing the City Manager or
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designee to execute an agreement with the Corpus Christi Regional
Transit Authority and the Corpus Christi Metropolitan Planning
Organization to provide for transportation grant coordination.
This Resolution was recommended to consent agenda
Q. BRIEFINGS TO CITY COUNCIL_: (NONE)
R. ADJOURNMENT
Presiding Chair Magill adjourned the meeting at 2:10 p.m.
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