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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 December 17, 2013 which were approved by the City
Council on January 14, 2014.
WITNESSETH MY HAND AND SEAL, on this the 14th day of January, 2014.
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Rebecca Huerta
City Secretary
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City Council
Tuesday,December 17,2013 11:30 AM Council Chambers
Public Notice --THE USE OF CELLULAR PHONES AND SOUND ACTIVATED
PAGERS ARE PROHIBITED IN THE CITY COUNCIL CHAMBERS DURING
MEETINGS OF THE CITY COUNCIL.
A. Mayor Nelda Martinez to call the meeting to order.
Mayor Martinez called the meeting to order.
B. Invocation to be given by Pastor Bill Banda, Love and Grace Church of God
Pastor Bill Banda gave the invocation.
C. Pledge of Allegiance to the Flag of the United States.
Ms.Lynda Herndon 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,Interim City Attorney Lisa Aguilar,and Assistant City
Secretary Rebecca Huerta.
Present: 9- Council Member Kelley Allen,Council Member Priscilla Leal,Council
Member David Loeb,Mayor Nelda Martinez,Council Member Mark
Scott,Council Member Chad Magill,Council Member Colleen
Mclntyre,Council Member Lillian Riojas, and Council Member Rudy Garza
E. Proclamations I Commendations
1. Swearing-in Ceremony for Newly Appointed Board and Commission
Members
Mayor Martinez conducted the swearing-in ceremony for newly appointed
board and commission members.
G. CITY MANAGER'S COMMENTS/UPDATE ON CITY OPERATIONS:
Mayor Martinez deviated from the agenda and referred to City Manager's
Comments.City Manager Ron Olson reported on the following issues:
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a. City Performance Report- Development Services
City Manager Olson asked Interim Assistant City Manager Mark Van Vleck to
provide a briefing on the operations,missions and goals of the Development
Services Department.
b. Other
1)Development Services is the first department to formalize a benchmarking
effort and a matrix criteria to compare with operations in other significant
cities.Mr.Olson said it is his intent to have all departments follow that lead.2)
City Manager Olson announced the restructuring of the operation and
missions of the Public Works and Utilities departments.3)Mr.Olson also
informed the Council of the reassignment of Code Enforcement to the Police
Department.4)Mr.Olson conducted interviews for the selection of a City
Attorney and reported that an announcement could be made by the next City
Council meeting.5)The first round of interviews have been conducted for the
selection of a Facilities Maintenance Manager and a selection should be made
by next week.6)Staff is in the negotiation process with a planning firm to
begin work on the Consolidated Comprehensive Plan and plan to bring a
contract for Council approval in mid-January.7)Mr.Olson provided a status
update on the consolidation of the grounds maintenance and mowing
operations.
F. PUBLIC COMMENT FROM THE AUDIENCE ON MATTERS NOT SCHEDULED ON
THE AGENDA WILL BE HEARD AT APPROXIMATELY 12:00 P.M. PLEASE LIMIT
PRESENTATIONS TO THREE MINUTES.A recording is made of the meeting;
therefore, please speak into the microphone located at the podium and state
your name and address. If you have a petition or other information pertaining to
your subject, please present it to the City Secretary.
Mayor Martinez deviated from the agenda and called for comments from the
audience.Jeremy Coleman provided an update on the efforts to reopen the
Brooks Chapel Day Care Center.
H. EXECUTIVE SESSION: (NONE)
I. MINUTES:
2. Regular Council Meeting of December 10, 2013.
Mayor Martinez called for approval of the minutes.Council Member Scott made
a motion to approve the minutes,seconded by Council Member Loeb and
passed unanimously.
J. BOARDS& COMMITTEE APPOINTMENTS:
3. Corpus Christi Regional Economic Development Corporation
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Mayor Martinez called for board and committee appointments.The following
appointment was made:
Corpus Christi Regional Economic Development Corporation-Willard H.
Hammonds,Jr.(Reappointed)
K. EXPLANATION OF COUNCIL ACTION:
L. CONSENT AGENDA: (ITEMS 4-35)
Approval of the Consent Agenda
Mayor Martinez called for the consent agenda.Assistant City Secretary
Rebecca Huerta stated that Item 33 was withdrawn by staff.Council Member
Riojas stated that she would be abstaining from the vote on Item 19.The
consent agenda was passed by one vote as follows:
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
4. Agreement for delivery of electricity and related services
Motion authorizing the City Manager to execute a Commercial Energy
Sales Agreement for deliveries of electricity and necessary, related
services at a fixed energy price per kilowatt hour(kWh) not to exceed
the current contract rate for 2011-2013 plus standard delivery services
charges effective January 1, 2014, for 48 months ending December
31, 2017, for certain electric accounts in the area served by Nueces
Electric Cooperative.
This Motion was passed on the Consent Agenda.
Enactment No: M2013-183
5. Adopting the federal legislative priorities
Resolution adopting the City of Corpus Christi's federal legislative
priorities for 113th U.S. Congress.
This Resolution was passed on the Consent Agenda.
Enactment No:030031
6. Lease purchase of freightliner truck for chipped tree transport
Motion approving the lease purchase of one (1) Freightliner truck with
Knapheide Forestry Body from Freightliner of Houston, Houston,
Texas for a total amount of $90,870.00 of which $7,014.06 is required
in FY 2013-2014. The award is based on the cooperative purchasing
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agreement with the Houston-Galveston Area Council of Governments
(HGAC). Funding is available from the City's lease-purchase financing
contractor.
This Motion was passed on the Consent Agenda.
Enactment No: M2013-184
7. Lease purchase of freightliner truck with aerial lift body for traffic
signal maintenance
Motion approving the lease-purchase of one (1) Freightliner truck with
aerial lift body from Freightliner of Houston, Houston, Texas for a total
amount of$131,620.00. 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.
This Motion was passed on the Consent Agenda.
Enactment No: M2013-185
8. Lease purchase of dump trucks for landfill
Motion approving the lease purchase of three (3) Freightliner trucks
with Warren 18-yard dump body from Freightliner of Houston,
Houston, Texas for a total amount of$366,832.00 of which $25,860.44
is required in FY 2013-2014. 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.
This Motion was passed on the Consent Agenda.
Enactment No: M2013-186
9. Purchase of freightliner truck with cement mixer body for
concrete repair by water distribution crews
Motion approving the purchase of one (1) Freightliner truck with
cement mixer body from Houston Freightliner, Inc., Houston, Texas for
a total amount of$230,205.00. The award is based on the cooperative
purchasing agreement with the Houston-Galveston Area Council of
Governments (H-GAC). Funding is available in the FY 2013-2014
Capital Outlay Budget of the Water Fund.
This Motion was passed on the Consent Agenda.
Enactment No: M2013-187
10. Supply agreement for pipe repair clamps
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Motion approving a supply agreement with Ferguson Enterprises,
Corpus Christi, Texas for pipe repair clamps in accordance with Bid
Invitation No. BI-0037-14 based on lowest responsible bid for an
estimated annual expenditure of$223,313.50, of which $148,875.66 is
required for the remainder of FY 2013-2014. The term of the
agreement shall be for twelve (12) months with options to extend for
up to two (2) additional twelve-month periods, subject to the approval
of the supplier and the City Manager or designee. Funds have been
budgeted by the Water Department in FY 2013-2014.
This Motion was passed on the Consent Agenda.
Enactment No: M2013-188
11. Purchase of emergency standby pump for the Wooldridge lift
station
Motion approving the purchase of one (1) emergency standby pump
from Xylem Dewatering Solutions, Inc., dba Godwin Pumps,
Bridgeport, New Jersey for a total amount of$162,989.32. The award
is based on the cooperative purchasing agreement with the
Houston-Galveston Area Council of Governments (H-GAC). Funding is
available in the FY 2013-2014 Wastewater System Fund.
This Motion was passed on the Consent Agenda.
Enactment No: M2013-189
12. Supply agreement for sodium bisulfite solution, a chemical used
for dechlorination at the wastewater treatment plants
Motion approving a supply agreement with Calabrian Corporation, Port
Neches, Texas for approximately 1,973,368 pounds of sodium bisulfite
solution for use at the Wastewater Treatment Plants in accordance
with Bid Invitation No. BI-0065-14, based on lowest responsible bid for
an estimated twelve month expenditure of$600,890.56 of which
$400,593.68 is required for the remainder of FY 2013-2014.The term
of the supply agreement will be for twelve months with an option to
extend for up to two additional twelve-month periods subject to the
approval of the supplier and the City Manager or designee. Funds are
available in the Wastewater Operations Budget in FY2013-2014.
This Motion was passed on the Consent Agenda.
Enactment No: M2013-190
13. Supply Agreement for reformulated gasoline and ultra-low sulfur
diesel fuel
Motion approving a supply agreement with Oil Patch Petroleum, Inc.,
Corpus Christi, Texas for reformulated gasoline and ultra-low sulfur
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diesel fuel in accordance with Bid Invitation No. BI-0030-14, based on
lowest local bid for an estimated twelve month expenditure of
$4,635,554.65 of which $3,090,369.77 is required for the remainder of
FY 2013-2014.The term of the agreement will be for twelve months
with options to extend for up to two additional twelve-month periods,
subject to the approval of the suppliers and the City Manager, or
designee. Funds have been budgeted by Maintenance Services and
the Aviation Department in FY 2013-2014.
This Motion was passed on the Consent Agenda.
Enactment No: M2013-191
14. Service agreement for installation, maintenance and repair of
roadway illumination and traffic signals
Motion approving a service agreement with Star Operations, Inc.,
Corpus Christi, Texas for installation, maintenance & repair of roadway
illumination and traffic signals in accordance with Bid Invitation No.
BI-0031-14 based on only bid for an estimated twelve-month
expenditure of$529,591.00 of which $308,928.06 is required for the
remainder of FY 2013-2014. The term of the service agreement will
be for twelve-months with an option to extend for up to two additional
twelve-month periods subject to the approval of the service provider
and the City Manager or designee. Funds are available in the General
Fund in FY 2013-2014.
This Motion was passed on the Consent Agenda.
Enactment No:M2013-192
15. Interlocal agreement for storage of supply trailer to be used in an
emergency
Resolution authorizing the City Manager or his designee, the Director
of the Corpus Christi-Nueces County Health District("Health District"),
to execute an interlocal agreement between the Health District and
Robstown Fire/EMS for the purpose of storing a trailer with supplies at
a Robstown facility to be used in case of a natural or man-made
emergency.
This Resolution was passed on the Consent Agenda.
Enactment No: 030032
16. Construction contract for Corpus Christi ship channel gas main
crossing
Motion authorizing the City Manager, or designee, to execute a
construction contract with Alcott, Inc. dba TCH from Friendswood,
Texas in the amount of$548,600, for Corpus Christi Ship Channel
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Gas Main Crossing for the base bid.
This Motion was passed on the Consent Agenda.
Enactment No: M2013-193
17. Construction contract for Americans with Disabilities Act(ADA)
improvements in Community Development Block Grant(CDBG)
areas from FY 2012
Motion authorizing the City Manager or designee to execute a
Construction Contract with CAS Companies, LP of Corpus Christi,
Texas in the amount of$228,552.06, for ADA Improvements in CDBG
Areas for the Base Bid only.
This Motion was passed on the Consent Agenda.
Enactment No: M2013-194
18. Contribution-In-Aid-Of Construction agreement for relocating and
raising a transmission line that crosses the sedimentation basin
of Mary Rhodes Pipeline Phase 2
Motion approving a Contribution-In-Aid-Of-Construction Agreement
with American Electric Power (AEP)Texas Central Company in the
amount of$1,450,000.00 for raising AEP's 69 KV transmission line
that crosses the sedimentation basin of Mary Rhodes Pipeline Phase
2
This Motion was passed on the Consent Agenda.
Enactment No: M2013-195
19. Reservation agreement for recycled water
Motion authorizing the City Manager or designee to execute an
Agreement for Exclusive Reservation of Recycled Water (the
"Reservation")with Valero Refining -Texas, L.P. (Valero) for 4 million
gallons per day (mgd) of recycled water.
This Motion was passed on the Consent Agenda.
Aye: 8- Council Member Allen, Council Member Leal, Council Member Loeb,
Mayor Martinez, Council Member Scott,Council Member Magill, Council
Member McIntyre and Council Member Garza
Abstained: 1 - Council Member Riojas
Enactment No: M2013-196
20. Interlocal cooperation agreement with University of North Texas
for air quality planning
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Resolution authorizing the City Manager or City Manager's designee
to execute an Interlocal Cooperation Agreement with University of
North Texas in the amount of$339,400 for an air quality research and
planning program, which includes air quality monitoring and modeling
projects, and development of an emissions inventory for the Nueces
and San Patricio Counties area.
This Resolution was passed on the Consent Agenda.
Enactment No:030033
21. Interlocal cooperation agreement with Texas A&M University -
Corpus Christi for pollution prevention and air quality educational
outreach
Resolution authorizing the City Manager or City Manager's designee to
execute an Interlocal Cooperation Agreement with Texas A&M
University-Corpus Christi in the amount of$211,530 for the Pollution
Prevention Partnership and educational outreach program, which
includes small business assistance and public education on pollution
prevention and air quality in Nueces and San Patricia Counties.
This Resolution was passed on the Consent Agenda.
Enactment No:030034
22. Type A grant renewal for Del Mar Procurement Technical
Assistance Center
Resolution approving the renewal of the Small Business Incentives
Agreement between the Corpus Christi Business and Job
Development Corporation and Del Mar College Procurement Technical
Assistance Center(PTAC) to provide grant up to $37,500 to assist
small businesses.
This Resolution was passed on the Consent Agenda.
Enactment No: 030035
23. Agreement with Texas A&M University recognizing the City as a
sub-recipient for a Federal grant for fiber connectivity to permit
finalization of grant activities
Motion authorizing the City Manager, or designee, to execute an
agreement with Texas A&M University for an expenditure of
$144,000.00 to replace disallowed in-kind funding for a BTOP
(Broadband Technology Opportunity Program) federal grant awarded
to Texas A&M University in the amount of$1,000,000.00 and to
recognize the City as a sub-recipient for funding from that grant.
This Motion was passed on the Consent Agenda.
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Enactment No: M2013-197
24. Contract for collection of delinquent special assessments,
demolitions, liens, and Risk Management claims
Motion to authorize the City Manager or his designee to execute a
contract for the collection of delinquent special assessments levied in
connection with paving liens and liens filed under Chapter 342 of the
Health and Safety Code (including demolition, clean-up, and mowing)
and for the collection of Risk Management claims with Linebarger,
Goggan, Blair & Sampson, LLP for a fee of 20% of principal and
interest collected on delinquent accounts turned over to the law firm.
This Motion was passed on the Consent Agenda.
Enactment No: M2013-198
25. Second Reading Ordinance- Rezoning from the "RM-1"
Multifamily 1 District to the"RS-6" Single-Family 6 District, on
property located at 5621 Corisca Road and 6940 South Staples
Street(FM 2444) (1st Reading 12/10/13)
Case No. 1013-02 Mokry Family: Rezoning from the"RM-1"
Multifamily 1 District to the"RS-6" Single-Family 6 District, resulting in
a change to the Future Land Use Plan from medium density
residential to low density residential. The property to be rezoned is
described as being a 4.01-acre tract of land, more or less, out of Lot
31, Section 11, Flour Bluff and Encinal Farm and Garden Tracts,
located on both sides of Corsica Road and approximately 620 feet
east of South Staples Street(FM 2444).
Planning Commission and Staff Recommendation (October 23, 2013):
Approval of the rezoning from the"RM-1" Multifamily 1 District to the
"RS-6" Single-Family 6 District.
Ordinance
Ordinance amending the Unified Development Code ("UDC") upon
application by the Mokry Family, i.e., Tim J. Mokry, Gerard L. Mokry,
Catherine J. Mokry, Edmund J. Mokry, Loraine Mokry Nemec, Leona
Mokry Williams, Thelma Eugenia Mokry, and Estate of Louis V. Mokry,
Deceased ("Owners"), by changing the UDC Zoning Map in reference
to a 4.01-acre tract of land, more or less, out of Lot 31, Section 11,
Flour Bluff and Encinal Farm and Garden Tracts, from the "RM-1"
Multifamily 1 District to the"RS-6" Single-Family 6 District; amending
the Comprehensive Plan to account for any deviations; and providing
for a repealer clause and publication.
This Ordinance was passed on second reading on the Consent Agenda.
Enactment No:030036
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26. Second Reading Ordinance - Accepting and appropriating a State
grant for the Senior Companion Program (SCP) (1st Reading
12/10/13)
Ordinance authorizing the City Manager, or designee, to execute all
documents necessary to accept and appropriate a Grant from The
Corporation for National and Community Service in the amount of
$5,756.00 to the No. 1067 Parks and Recreation Funds - for funding
of a national service project--Senior Companion Program.
This Ordinance was passed on second reading on the Consent Agenda.
Enactment No: 030037
27. Second Reading Ordinance - Accepting and appropriating a local
grant for the Retired Senior Volunteer Program (RSVP) (1st
Reading 12/10/13)
Ordinance authorizing the City Manager or designee to execute all
documents necessary to accept a $18,059 grant awarded by the
Corporation for National and Community Service for the Retired
Senior Volunteer Program; appropriating the $18,059 grant in the No.
1067 Parks and Recreation Grants Fund.
This Ordinance was passed on second reading on the Consent Agenda.
Enactment No:030038
28. Second Reading Ordinance- Lease agreement with Coinmach
Corporation for operation of laundry facilities(1st Reading
10/17/13)
Ordinance authorizing the City Manager, or designee, to execute a
five year Lease Agreement with Coinmach Corporation for operation of
laundry facilities at Sunrise Beach RV Park in consideration of fifty
percent of gross receipts.
This Ordinance was passed on second reading on the Consent Agenda.
Enactment No:030039
29. Second Reading Ordinance-Amending City code titled "Streets
and Sidewalks" related to street cuts (1st Reading 12/10/13)
Ordinance amending Chapter 49 of the Code of Ordinances titled
"Streets and Sidewalks" in order to provide requirements and
prohibitions related to street cuts.
This Ordinance was passed on second reading on the Consent Agenda.
Enactment No:030040
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30. Second Reading Ordinance-Continuing Texas Municipal
Retirement System (TMRS) updated service credits for
participants and increases for prior and current annuities (1st
Reading 12/10/13)
Ordinance authorizing and allowing, under the Act governing the Texas
Municipal Retirement System, "Updated Service Credits" in said
system for service performed by qualifying members of such system
who presently are members of the City of Corpus Christi; providing for
increased prior and current service annuities for retirees and
beneficiaries of deceased retirees of the City; establishing an effective
date for such actions; and providing for severance.
This Ordinance was passed on second reading on the Consent Agenda.
Enactment No: 030041
31. Second Reading Ordinance-Purchase of Community
Development and Regulation (CDR) module of Infor software(1st
Reading 12/10/13)
Ordinance appropriating $1,648,183 from the Unreserved Fund
Balance in the Development Services Fund No. 4670 for the purchase
of the Infor Community Development and Regulation (CDR) module;
changing the FY 2013-2014 Budget adopted by Ordinance No.
029915 to increase appropriations by $1,648,183; authorizing the City
Manager, or designee, to execute amendment to Master Contract with
Infor, Inc. for CDR module, with an initial three-year service agreement
and initial one-year hosting and maintenance agreements, each with
automatically annual renewal terms upon payment of annual fees, with
the total amount of the fixed price agreement of $1,648,183, which
includes the recurring support costs for years one and two, and
additional recurring support costs of $64,820 per year for years three
through five.
This Ordinance was passed on second reading on the Consent Agenda.
Enactment No:030042
32. Second Reading Ordinance-Appropriating funds for the
purchase of court case management software (1st Reading
12/10/13)
Ordinance authorizing participation in the National Joint Powers
Alliance Cooperative Purchasing program; appropriating $1,300,000
from the Unreserved Fund Balance in the No. 1020 General Fund for
court case management software and data conversion services;
authorizing execution of contract with Tyler Technologies in amount of
$777,044; changing the FY 2013-2014 Budget adopted by Ordinance
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No. 029915 to increase expenditures by$1,300,000 in the No. 1020
General Fund.
This Ordinance was passed on second reading on the Consent Agenda.
Enactment No: 030043
33. Second Reading Ordinance-Appropriating funds for safety
vestibule at City Detention and Magistration Center(1st Reading
12/10/13)
Ordinance appropriating and transferring $50,000.00 from the
Unreserved Fund Balance in the No. 1020 General Fund for the
remodeling of the City Detention and Magistration Center to create a
safety vestibule; and changing the FY 2013-2014 Adopted Annual
Operating Budget adopted by Ordinance No 029915 by increasing
expenditures by $50,000 in the No. 1020 General Fund.
This Ordinance was withdrawn
34. Second Reading Ordinance-Appropriating Passenger Facility
Charge (PFC)funds for debt service payment associated with
airport terminal and roadway improvements (1st Reading
12/10/13)
Ordinance appropriating $1,138,856 from the Unreserved Fund
Balance in the Passenger Facility Charge Fund No. 4621 and
transferring $823,854 to the Airport 2012A Debt Service Fund No.
4640 and $315,002 into Airport 2012A Debt Service Fund No. 4641 for
debt service on Airport Improvements; amending the FY 2013-2014
Capital Budget adopted by Ordinance No. 029916 to increase
appropriations by$1,138,856.
This Ordinance was passed on second reading on the Consent Agenda.
Enactment No: 030044
35. Second Reading Ordinance-Appropriating Federal grant for
funding airport upgrades to security and perimeter road systems
(1st Reading 12/10/13)
Ordinance appropriating $62,249 from the Federal Aviation
Administration Grant No. 3-48-0051-048-2011 in the No. 3020 Airport
Capital Improvement Fund to upgrade security and perimeter road
systems at Corpus Christi International Airport; changing the FY
2013-2014 Capital Budget adopted by Ordinance No. 029916 by
increasing revenues and expenditures by $62,249.
This Ordinance was passed on second reading on the Consent Agenda.
Enactment No: 030045
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M. PUBLIC HEARINGS: (ITEMS 36 -37)
36. Public Hearing and First Reading Ordinance- Rezoning from the
"CN-1" Neighborhood Commercial District to the "RS-4.5"
Single-Family 4.5 District, on property located at 4050 Acushnet
Drive.
Case No. 1113-01 Luxury Spec Homes, Inc.: A rezoning from the
"CN-1" Neighborhood Commercial District to the"RS-4.5"
Single-Family 4.5 District, resulting in a change to the Future Land
Use Plan from commercial to low-density residential uses. The
property is described as Lot 13, Block 2, Country Club Estates Unit 20,
located on the north side of Acushnet Drive, approximately 525 feet
east of Weber Road (FM 43).
Planning Commission and Staff Recommendation (November 20,
2013):
Approval of the change of zoning from the"CN-1" Neighborhood
Commercial District to the"RS-4.5" Single-Family 4.5 District.
Ordinance:
Ordinance amending the Unified Development Code ("UDC"), upon
application by Luxury Spec Homes, Inc., acting as agent behalf of
Mihail Chryssos and Nikolaos Hrisos ("Owners"), by changing the
UDC Zoning Map in reference to Lot 13, Block 2, Country Club
Estates Unit 20 from the"CN-1" Neighborhood Commercial District to
the"RS-4.5" Single-Family 4.5 District; amending the Comprehensive
Plan to account for any deviations; and providing for a repealer clause
and publication.
Mayor Martinez referred to Item 36.Annika Gunning with Development
Services stated that the purpose of this item is to rezone the subject property
to allow for construction of a single-family development.Ms.Gunning stated
that Planning Commission and staff were in favor of the zoning change.
Council Member Scott made a motion to open the public hearing,seconded by
Council Member Magill and passed.There were no comments from the Council
or the public.Council Member Magill made a motion to close the public
hearing,seconded by Council Member Scott.This Ordinance was passed on
first 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
37. Public Hearing and First Reading Ordinance -Rezoning from the
"RS-6" Single-Family 6 District to the"RS-TF"Two-Family
District, on property located at 1201, 1217, 1225 and 1233 Barton
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Street.
Case No. 1113-03 Robert Bryan Johnson: Rezoning from the"RS-6"
Single-Family 6 District to the "RS-TF" Two-Family District, resulting in
a change to the Future Land Use Plan from low density residential to
medium density residential uses. The property being rezoned is
described as Lots 20, 21, 22, 23, Block 5, Flour Bluff Center, located
on the northeast corner of Barton and O'Neill Streets.
Planning Commission and Staff Recommendation (November 20,
2013):
Approval of the change of zoning from the "RS-6" Single-Family 6
District to the"RS-TF"Two-Family District.
Ordinance:
Ordinance amending the Unified Development Code ("UDC"), upon
application by Robert Bryan Johnson, by changing the UDC Zoning
Map in reference to Lots 20, 21, 22, and 23, Block 5, Flour Bluff
Center, from the"RS-6" Single-Family 6 District to the "RS-TF" Two-
Family District; amending the Comprehensive Plan to account for any
deviations; and providing for a repealer clause and publication.
Mayor Martinez referred to Item 37.Annika Gunning with Development
Services stated that the purpose of this item is to rezone the subject property
to allow for construction of duplexes.Ms.Gunning stated that Planning
Commission and staff were in favor of the zoning change.Council Member
McIntyre made a motion to open the public hearing,seconded by Council
Member Magill and passed.There were no comments from the Council or the
public.Council Member McIntyre made a motion to close the public hearing,
seconded by Council Member Allen and passed.This Ordinance was passed
on first 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
N. REGULAR AGENDA: (ITEMS 38 -41)
38. Supply Agreement for Single Port Meter Transmission Units
Motion approving a supply agreement with Aclara Technologies LLC,
Hazelwood, Missouri for approximately 5,376 single port meter
transmission units (MTU's). The award is based on sole source, for an
estimated annual expenditure of$473,088 of which $336,512 is
required for the remainder of FY 2013-2014. The term of the contract
will be for twelve months with an option to extend the contract for up to
two additional twelve month periods, subject to the approval of the City
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Manager or designee. Funds have been budgeted by the Water
Department in FY 2013-2014.
Mayor Martinez referred to Item 38 and announced that this item was
withdrawn.
Enactment No:
39. Approval of the Street Preventive Maintenance Program Year One
-Annual Work Plan
Resolution approving the concepts, direction, and general work plan
for the first year of the Street Preventative Maintenance Program
(SPMP) --the 2014 SPMP Work Plan (Year-1).
Mayor Martinez referred to Item 39.Assistant Director of Engineering Services
Bill Green stated that the purpose of this item is to approve the Street
Preventative Maintenance Program Year One Annual Work Plan.There were no
comments from the Council or the public.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:030046
40. Construction contracts for the citywide street and sealcoat
indefinite delivery/indefinite quantity program -pilot program;
amendment no. 2 to design contract; testing agreement
Motion authorizing the City Manager, or designee, to execute a
construction contract with Berry Contracting, LP, dba, Bay LTD. in the
amount of $6,147,094.05 for the Citywide Street Overlay and Sealcoat
Indefinite Delivery/Indefinite Quantity (IDIQ) Pilot Program for Total
Base Bid #1; and to execute a construction contract with Haas
Anderson Construction, Inc. in the amount of $11,920,961.00 for the
Citywide Street Overlay and Sealcoat Indefinite Delivery/Indefinite
Quantity (IDIQ) Pilot Program for Total Base Bid #2; and to execute
Amendment No. 2 to an engineering design contract with R.H.
Shackelford, Inc. in the amount of $548,513.00 for a re-stated total fee
of $743,360.00 for development of remaining pilot program delivery
orders; and to execute a testing agreement with Rock Engineering and
Testing Laboratory in the amount $73,099.00 for the Citywide Street
Overlay and Sealcoat Indefinite Delivery/Indefinite Quantity
Program-Pilot Program for construction material testing.
Mayor Martinez referred to Item 40.Assistant Director of Engineering Services
Bill Green stated that the purpose of this item is to request approval of two
construction contracts,a design engineering amendment and a construction
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materials testing agreement to begin the Citywide Street Preventive
Maintenance Program.There were no comments from the Council or the
public.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: M2013-199
41. Extending lease agreement for City Detention and Magistration
Center
Motion authorizing the City Manager, or designee, to execute an
amendment to extend a lease agreement for two years with an option
for three one year extensions, with Wilson Plaza Associates, L.P., for
approximately 4,710 square feet at the Wilson Plaza Building, 606 N.
Carancahua, Suite 113-A, for$6,086.97 monthly rental payment, to
house the City Detention and Magistration Center.
Mayor Martinez referred to Item 41.Director of Municipal Court Kimberly
Jozwiak stated that the purpose of this item is to approve an amendment to
extend a lease agreement for the City Detention and Magistration Center at the
Wilson Plaza Building.There were no comments from the Council or the
public.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: M2013-200
O. FIRST READING ORDINANCES: (ITEM 42)
42. First Reading Ordinance-Closing a portion of a 15-foot wide
utility easement out of Lot 1, Incarnate Word Subdivision located
south of Lipes Boulevard and west of South Staples Street
Ordinance abandoning and vacating a portion of a 15-foot wide utility
easement out of Lot 1, Incarnate Word Subdivision and requiring the
owner, The Convent Academy of the Incarnate Word, to comply with
the specified conditions.
Mayor Martinez referred to Item 42.Barney Williams with Development
Services stated that the purpose of this item is a request by the property
owner,The Convent Academy of the Incarnate Word,to abandon and vacate a
portion of a 15-foot wide utility easement out of Lot 1,Incarnate Word
Subdivision to allow for future development.There were no comments from
the Council or the public.This Ordinance was passed on first reading and
approved with the following vote:
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Aye: 9- Council Member Allen, Council Member Leal,Council Member Loeb,
Mayor Martinez, Council Member Scott,Council Member Magill, Council
Member McIntyre, Council Member Riojas and Council Member Garza
Abstained: 0
P. FUTURE AGENDA ITEMS: (ITEMS 43 -44)
Mayor Martinez referred to the Future Agenda.City Manager Ron Olson stated
that staff had a presentation on Item 43.
(Note:Mayor Martinez called for a 20-minute recess after the presentation.)
43. Resolution requesting the Texas Commission on Environmental
Quality (TCEQ)to adopt language in the environmental flow
standards for the Nueces River Basin to clarify that rules are to
be applied prospectively and not affect an existing water right
Resolution requesting the Texas Commission on Environmental
Quality (TCEQ) clearly and conclusively state that Senate Bill 3
environmental flow standards are to be applied prospectively and
environmental flow standards for the Nueces River Basin not affect an
appropriation of or an authorization to store, take, or divert water
under a permit or amendment to a water right issued before
September 1, 2007
This Resolution was recommended to consent agenda
44. Ratifying Federal grant for Marina replacement dock for boat
slips
Resolution ratifying grant application to US Fish and Wildlife Service
through Texas Parks and Wildlife Department for $502,496.00
Boating Infrastructure Grant for Marina boat slips including 35
transient boat slips.
This Resolution was recommended to consent agenda
Q. BRIEFINGS TO CITY COUNCIL: (ITEM 45-46)
45. Fiscal Year Change
Mayor Martinez reconvened the meeting and referred to Item 45.Director of
Financial Services Constance Sanchez stated that the purpose of this item is to
provide information on consideration for changing the City's fiscal year to
October 1st through September 30th.Ms.Sanchez provided information
regarding the problems with the current fiscal year including the tax rate
information not received prior to adoption of the budget and grants not
coinciding with the fiscal year;the fiscal year for the top twenty cities in Texas;
the benefits to changing the fiscal year;and reasons staff is recommending the
fiscal year ending on September 30th;the financial impact of the change;other
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approval required;and additional resources.Ms.Sanchez said staff would like
to bring this item back for consideration in January.
46. Conceptual Discussion about a Regional Youth Sports Complex
Mayor Martinez referred to Item 46.Assistant City Manager Wes Pierson stated
that the purpose of this item is to have a conceptual discussion on a Regional
Youth Sports Complex to increase tourism and youth sports activity.Mr
Pierson reported that the City is lacking facilities to accommodate the youth
sports market and the Park and Recreation Master Plan needs assessment
identifies a youth sports facility as an area of need in the City.Mr.Pierson said
that the concept would include identifying land to accommodate a complex;
creation of an Request for Proposal/Request for Qualification to gauge private
market interest;and finally to negotiate an agreement to lease City property to
a private partner to build and operate a facility.Mr.Pierson also provided a
map of a City owned property identified as an appropriate size and location for
the complex at the end of Crosstown 286.Council members asked questions
regarding the following topics:the synergy with this complex;the City's
investment in the Lyondell complex;the current complexes not being able to
handle the demand; location; input on the design;providing a list of other
existing properties should the identified location not work; impact on tourism;
an option of additional property to expand the complex; including collateral
use of the property;providing a market/demand analysis and have an exit
strategy.
R. ADJOURNMENT
The meeting was adjourned at 1:28 p.m.
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