HomeMy WebLinkAboutMinutes City Council - 03/25/2014 „Ipus cr ‘C5'
U
4►�
1852
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 March 25, 2014 which were approved by the City
Council on April 8, 2014.
WITNESSETH MY HAND AND SEAL, on this the 8th day of April 8, 2014.
• thimt L � �`I�
Rebecca Huerta
City Secretary
SEAL
INDEXED
1201 Leopard Street
Corpus Christi Corpus Christi,TX 78401
{ot cctexas.com
Meeting Minutes
City Council
Tuesday, March 25, 2014 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 Josue Gray, Iglesia La Luz del Mundo.
Pastor Josue Gray gave the invocation.
C. Pledge of Allegiance to the Flag of the United States.
Cadet Commander Jeffery Miller with the Flour Bluff High School NJROTC
gave the Pledge of Allegiance.
D. City Secretary Rebecca Huerta to call the roll of the required Charter Officers.
City Secretary Rebecca Huerta called the roll and stated that a quorum of the
Council and required Charter Officers were present to conduct the meeting.
City Secretary Huerta announced that Mayor Pro Tem Priscilla Leal has been
granted a leave of absence.
Charter Officers:
City Manager Ron Olson, Interim City Attorney Barney L. Knight,and City
Secretary Rebecca Huerta.
Present: 7- Council Member Kelley Allen,Council Member David Loeb,Mayor Nelda
Martinez,Council Member Mark Scott,Council Member Colleen
Mclntyre,Council Member Lillian Riojas, and Council Member Rudy Garza
Absent: 2- Council Member Priscilla Leal, and Council Member Chad Magill
E. Proclamations / Commendations
1. Proclamation declaring March 25, 2014, as "Flour Bluff High School
NJROTC Area 10 Texas State Champions 1994-2014"
Proclamation declaring March 28-30, 2014 as "Corpus Christi Festival
of the Arts"
Proclamation declaring March 30, 2014 as "15th Annual Celebration of
Cesar Chavez Day"
Corpus Christi Page 1 Printed on 3/31/2014
City Council Meeting Minutes March 25,2014
Proclamation declaring April as "Earth Month 2014", and Saturday,
April 12th, as the day of celebration, to be held at Heritage Park,
"Earth Day - Bay Day 2014"
Proclamation declaring April 1, 2014 as "Mayors Day of Recognition
for National Service"
Proclamation declaring April 8, 2014 as "National Equal Pay Day"
Mayor Martinez presented the proclamations.
F. PUBLIC COMMENT FROM THE AUDIENCE ON MATTERS NOT SCHEDULED ON
THE AGENDA WILL BE HEARD AT APPROXIMATELY 12:00 P.M. PLEASE LIMIT
PRESENTATIONS TO THREE MINUTES. A recording is made of the meeting;
therefore, please speak into the microphone located at the podium and state
your name and address. If you have a petition or other information pertaining to
your subject, please present it to the City Secretary.
Mayor Martinez called for comments from the audience.Jack Gordy,Johnny
French, Lonnie Lenningham and Mary Ann Kelley spoke regarding the possum
policy.Joan Veith expressed condolences to Council Member Loeb for the loss
of his father.Abel Alonzo thanked Police Chief Floyd Simpson and officers for
protecting the community.Jerry Garcia invited the Council to open ceremonies
at Southside Pony League and spoke regarding assistance for the league.
Carlos Torres, President of the Corpus Christi Firefighters Association spoke
regarding the assessment of efficiency and effectiveness of the Fire
Department.
G. CITY MANAGER'S COMMENTS / UPDATE ON CITY OPERATIONS:
Mayor Martinez referred to City Manager's Comments
a. City Performance Report - Library Services
Director of Libraries Laura Garcia provided a briefing on the operation, mission
and goals of the Library Services Department.
b. Other
None.
H. EXECUTIVE SESSION: (NONE)
I. MINUTES:
2. Special Meeting of March 4, 2014 and Regular Meeting of March 18,
2014
Mayor Martinez called for approval of the minutes. Council Member McIntyre
made a motion to approve the minutes,seconded by Council Member Scott
Corpus Christi Page 2 Printed on 3/31/2014
City Council Meeting Minutes March 25, 2014
and passed unanimously.
J. BOARDS & COMMITTEE APPOINTMENTS: (NONE)
K. EXPLANATION OF COUNCIL ACTION:
L. CONSENT AGENDA: (ITEMS 13-17)
Approval of the Consent Agenda
Mayor Martinez called for consent agenda Items 13-17.City Secretary Huerta
announced that Council Member Loeb would abstain from the vote on Item 17.
Consent agenda items 13-17 were passed by one vote as follows:
Aye: 7- Council Member Allen, Council Member Loeb, Mayor Martinez, Council
Member Scott, Council Member McIntyre, Council Member Riojas and
Council Member Garza
Absent: 2- Council Member Leal and Council Member Magill
Abstained: 0
13. Second Reading Ordinance - Rezoning from the "FR" Farm Rural
District to the "IL" Light Industrial District, on property located at
the southwest corner of Leopard Street and Rhew Road (1st
Reading 3/18/14)
Case 0214-01 Bill Ferguson: A rezoning from the "FR" Farm Rural
District to the "IL" Light Industrial District, not resulting in a change to
the Future Land Use Plan. The property to be rezoned is described as
being a 69.265-acre tract of land out of a 176-acre tract of land
generally known as the Sedwick Tract and out of The J. Dunn Survey,
Abstract 985, located along the west side of Rhew Road, between
Leopard Street and Sedwick Road.
Planning Commission and Staff Recommendation (February 12,
2014):
Approval of the change of zoning from the "FR" Farm Rural District to
the "IL" Light Industrial District.
Ordinance
Ordinance amending the Unified Development Code ("UDC"), upon
application by Bill Ferguson, acting as agent on behalf of D.W. Grant,
Jr., Betty Grant Armstrong, Andrea Alice Armstrong Plymale, Arnie
Alexandria Armstrong Kirk, Amanda Annette Armstrong England, Sam
Megarity Armstrong, Jr. ("Owners"), by changing the UDC Zoning Map
in reference to a 69.265-acre tract of land out of a 176-acre tract of
land generally known as the Sedwick Tract and out of The J. Dunn
Survey, Abstract 985, from the "FR" Farm Rural District to the "IL"
Corpus Christi Page 3 Printed on 3/31/2014
City Council Meeting Minutes March 25,2014
Light Industrial 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: 030133
14. Second Reading Ordinance - Rezoning from the "FR" Farm Rural
District to the "IL" Light Industrial District, on property located at
6045 Bear Lane (1st Reading 3/18/14)
Case 0214-02 Congregation of Divine Providence, Inc.: A change of
zoning from the "FR" Farm Rural District to the "IL" Light Industrial
District, not resulting in a change to the Future Land Use Plan. The
property is described as being 40 acres of land, more or less, out of
the northeast corner of Lot 1 of the Margaret Kelly Land, located on
the south side of Bear Lane, approximately 350 feet west of Junior
Beck Drive.
Planning Commission and Staff Recommendation (February 12,
2014): Approval of the change of zoning from the "FR" Farm Rural
District to the "IL" Light Industrial District.
Ordinance
Ordinance amending the Unified Development Code ("UDC"), upon
application by the Congregation of Divine Providence, Inc. ("Owner"),
by changing the UDC Zoning Map in reference to 40 acres of land,
more or less, out of the northeast corner of Lot 1 of the Margaret Kelly
Land, from the "FR" Farm Rural District to the "IL" Light Industrial
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: 030134
15. Second Reading Ordinance - Rezoning from the "CN-1"
Neighborhood Commercial District to the "RS-6" Single-Family 6
District, on property located at 4410 Ivy Lane (1st Reading
3/18/14)
Case No. 0214-04 Santos and Virginia Herrera:A change of zoning
from the "CN-1" Neighborhood Commercial District to the "RS-6"
Single-Family 6 District, resulting in a change to the Future Land Use
Plan from commercial to low density residential uses. The property is
described as being a 0.113-acre tract of land out of Lot 10A, Ava
Cooper Subdivision, located approximately 200 feet north of Gollihar
Road and 75 feet east of Ivy Lane.
Co►pus Christi Page 4 Printed on 3/31/2014
City Council Meeting Minutes March 25, 2014
Planning Commission and Staff Recommendation (February 12,
2014):
Approval of the change of zoning from the "CN-1" Neighborhood
Commercial District to the "RS-6" Single-Family 6 District.
Ordinance:
Ordinance amending the Unified Development Code ("UDC"), upon
application by Santos Herrera and Virginia Herrera ("Owners"), by
changing the UDC Zoning Map in reference to a 0.113-acre tract of
land out of Lot 10A, Ava Cooper Subdivision, from the "CN-1"
Neighborhood Commercial 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: 030135
16. Second Reading Ordinance - Rezoning from the "FR" Farm Rural
District to the "RS-4.5" Single-Family 4.5 District, on property
located at 7201 Yorktown Boulevard (1st Reading 3/18/14)
Case No. 0214-03 Yorktown Oso Joint Venture:A change of zoning
from the "FR" Farm Rural District to the "RS-4.5" Single-Family 4.5
District, not resulting in a change to the Future Land Use Plan. The
property is described as being a 22.87-acre tract of land, more or less,
out of Lots 2-4, Section 24 and Lots 29-31, Section 25, Flour Bluff and
Encinal Farm and Garden Tracts, located at the ends of Fort Griffen
Drive and Prax Morgan Place and south of Laurelas and Idle Hour
Drives.
Planning Commission and Staff Recommendation (February 12,
2014):
Approval of the rezoning from the "FR" Farm Rural District to the
"RS-4.5" Single-Family 4.5 District.
Ordinance:
Ordinance amending the Unified Development Code ("UDC") upon
application by Yorktown Oso Joint Venture, acting as agent on behalf
of Related Investors, Ltd. ("Owner"), by changing the UDC Zoning
Map in reference to a 22.87-acre tract of land, more or less, out of
Lots 2-4, Section 24 and Lots 29-31, Section 25, Flour Bluff and
Encinal Farm and Garden Tracts, from the "FR" Farm Rural 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,
penalties, and publication.
This Ordinance was passed on second reading and approved with the
following vote:
Corpus Christi Page 5 Printed on 3/31/2014
City Council Meeting Minutes March 25, 2014
Aye: 7- Council Member Allen, Council Member Loeb, Mayor Martinez, Council
Member Scott, Council Member McIntyre, Council Member Riojas and
Council Member Garza
Absent: 2- Council Member Leal and Council Member Magill
Abstained: 0
Enactment No: 030136
17. Second Reading Ordinance - Closing a portion of a 10-foot wide
utility easement out of Block 903, Fitchue Place Addition located
west of South Alameda Street and South of McKenzie Street (1st
Reading 3/18/14)
Ordinance abandoning and vacating a portion of a 10-foot wide utility
easement out of Block 903, Fitchue Place Addition and requiring the
owner, CC Tower Center, LTD., to comply with the specified
conditions.
This Ordinance was passed on second reading and approved with the
following vote:
Aye: 6- Council Member Allen, Mayor Martinez, Council Member Scott, Council
Member McIntyre, Council Member Riojas and Council Member Garza
Absent: 2- Council Member Leal and Council Member Magill
Abstained: 1 - Council Member Loeb
Enactment No: 030137
Mayor Mratinez called for a recess until 1:17 p.m.
CONSENT AGENDA: (ITEMS 3-12, 18-22)
Approval of the Consent Agenda
Mayor Martinez referred to the consent agenda Items 3-12 and 18-22. Mayor
Martinez announced that staff requested that Item 10 be pulled for individual
consideration.Johnny French requested that Item 6 be pulled for individual
consideration.The remaining items on the consent agenda were passed by
one vote as follows:
3. Purchase agreement for traffic control radar detection systems
Motion approving the purchase of four (4) traffic control radar
detection systems from Twincrest Technologies, Mansfield, Texas for a
total amount of $77,920. The award is based on the cooperative
purchasing agreement with the State of Texas Cooperative Purchasing
Corpus Christi Page 6 Printed on 3/31/2014
City Council Meeting Minutes March 25,2014
Program. Funds have been budgeted by the Engineering Department
in FY 2013-2014.
This Motion was passed
Enactment No: M2014-033
4. Service Agreement for Maintenance of City Hall HVAC System
Motion approving a service agreement with Johnson Controls Inc.,
Corpus Christi, Texas for maintenance of the HVAC System located at
City Hall for a total amount of $274,122 of which $24,794 is required
for the remainder of FY 2013-2014.The award is based on the
cooperative purchasing agreement with the State of Texas
Cooperative Purchasing Program. The term of the agreement will be
sixty months. Funds are budgeted by the Facility Maintenance
Services Fund in FY 2013-2014.
This Motion was passed on the Consent Agenda.
Enactment No: M2014-034
5. Authorizing submission of grant application to State for
automation of police training records
Resolution authorizing the submission of a grant application in the
amount of$35,000 to the State of Texas, Criminal Justice Division for
funding available under the Edward Byrne Memorial Justice Assistance
Grant Program to automate Police training records; and authorizing the
City Manager or designee to apply for, accept, reject, alter, or
terminate the grant.
This Resolution was passed on the Consent Agenda.
Enactment No: 030130
6. Agreement for permanent art to be located at the entrance to the
Oso Bay Learning Center and Wetland Preserve
Motion authorizing the City Manager or designee to execute
documents necessary to purchase sculpture created by artist Dixie
Friend Gay for a work of permanent art created in steel and authorize
disbursement of $100,000 from the Bond Fund 3292 for such
purchase.
Mayor Martinez referred to Item 6.Johnny French spoke in opposition to the
City spending$100,000 on art work and recommended the funds be allocated
to Animal Control for the collection of small animals.This Motion was passed
on the Consent Agenda.
Enactment No: M2014-035
Corpus Christi Page 7 Printed on 3/31/2014
City Council Meeting Minutes March 25, 2014
7. Amendment No. 1 to architectural design contract for fleet
maintenance heavy equipment shop roof replacement
Motion authorizing the City Manager or designee to execute
Amendment No. 1 to an Architectural Design Contract with Solka Nava
Torno, LLC from Corpus Christi, Texas in the amount of $34,620, for a
total re-stated fee of $59,070, for Fleet Maintenance Heavy Equipment
Shop Roof for the design, bid, and construction phase services.
BOND ISSUE 2012
This Motion was passed on the Consent Agenda.
Enactment No: M2014-036
8. Amendment No. 1 to architectural design contract for the
museum roof replacement
Motion authorizing the City Manager or designee to execute
Amendment No. 1 to an Architectural Design Contract with Solka Nava
Torno, LLC from Corpus Christi, Texas in the amount of $81,450, for a
total re-stated fee of $130,040, for Museum Roof Replacement for the
design, bid, and construction phase services. BOND ISSUE 2012.
This Motion was passed on the Consent Agenda.
Enactment No: M2014-037
9. Engineering construction contract for the Bear Lane waterline
replacement
Motion authorizing the City Manager or designee to execute a
construction contract with Clark Pipeline Services, J.V. of Corpus
Christi, Texas in the amount of $2,475,922.13, for Bear Lane
Waterline Replacement from Navigation Boulevard to Old Brownsville
Road.
This Motion was passed on the Consent Agenda.
Enactment No: M2014-038
10. Agreement to accomodate the wheeling of the Colorado River
water to the Mary Rhodes pipeline
Motion to authorize the City Manager or designee to execute a
contract with Lavaca-Navidad River Authority (LNRA) for use of the
West Delivery System for delivery of Colorado River water to the City
of Corpus Christi.
Mayor Martinez referred to Item 10.Assistant City Manager Gus Gonzalez
stated that the attachments for this item were presented when the item was on
the future agenda but were inadvertently left off from today's agenda. Mr.
Gonzalez provided the documents that were originally presented. This Motion
Corpus Christi Page 8 Printed on 3/31/2014
City Council Meeting Minutes March 25,2014
was passed on the Consent Agenda.
Enactment No: M2014-039
11. Reimbursement resolution for Marina "R" Pier project to allow the
City to reimburse itself for costs incurred prior to receipt of bond
proceeds (Related items 11 - 12)
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 or taxable
obligations to be issued by the City for authorized purposes in an
amount not to exceed $2,600,000; authorizing other matters incident
and related thereto; and providing an effective date.
This Resolution was passed on the Consent Agenda.
Enactment No: 030131
12. Second Reading Ordinance -Amending Capital Improvement
budget to include pier"R" replacement project(1st Reading
3/18/14)
Ordinance amending the FY 2014 Capital Improvement Budget
adopted by Ordinance No. 029916 to add Project Number E13144
City Marina Replacement of Pier R; increasing revenues and
expenditures in the amount of $3,239,496.
This Ordinance was passed on second reading on the Consent Agenda.
Enactment No: 030132
18. Second Reading Ordinance -Accepting and appropriating a State
grant for Local Border Security Program (LBSP) (1st Reading
3/18/14)
Ordinance authorizing the City Manager or designee to execute all
documents necessary to accept a grant in the amount of $45,000 from
the Texas Department of Public Safety, Texas Homeland Security
State Administrative Agency for funding eligible under the FY2014
Local Border Security Program (LBSP) grant to reimburse overtime
and fringe benefits; and appropriating the $45,000 in the No. 1061
Police Grants Fund.
This Ordinance was passed on second reading on the Consent Agenda.
Enactment No: 030138
19. Second Reading Ordinance -Accepting and appropriating funds
from State for training of police personnel and purchase of
training equipment (1st Reading 3/18/14)
Corpus Christi Page 9 Printed on 3/31/2014
City Council Meeting Minutes March 25,2014
Ordinance authorizing the City Manager or designee to execute all
documents necessary to accept an annual allocation payment from
the State of Texas - Law Enforcement Officer Standards and
Education Account in the amount of $29,600.43; and appropriating
funds from the State of Texas - Law Enforcement Officer Standards
and Education Account in the amount of $29,600.43 in the No. 1061
Police Grants Fund for training of police personnel and purchase of
training equipment.
This Ordinance was passed on second reading on the Consent Agenda.
Enactment No: 030139
20. Second Reading Ordinance - Accepting and appropriating
developer fees and interest for park improvements and other
related projects (1st Reading 3/18/14)
Ordinance authorizing the City Manager or designee to execute all
documents necessary to accept and appropriate $341,846.87 in
developer contributions and $1,498.08 in interest earnings for a sum
of $343,344.95 in the No. 4720 Community Enrichment Fund for park
improvements, and other related projects.
This Ordinance was passed on second reading on the Consent Agenda.
Enactment No: 030140
21. Second Reading Ordinance - Lease agreement for radio control
automobile activity at Bill Witt Park (1st Reading 3/18/14)
Ordinance authorizing City Manager or designee to execute a 60
month lease agreement with STARCAR for Bill Will Park, in the City,
Lessee agrees to operate and maintain the premises according to City
standards.
This Ordinance was passed on second reading on the Consent Agenda.
Enactment No: 030141
22. Second Reading Ordinance -Appropriating Lead Ballast Revenue
(1st Reading 3/18/14)
Ordinance appropriating $18,526 of revenue, from the sale of lead
ballast from the Santa Maria, in the No. 1020 General Fund for
payment to Columbus Sailing Association for the cost associated with
the repair and restoration of the Nina or for staging facilities for the
Nina; and changing the FY 2013-2014 operating budget adopted by
Ordinance No. 029915 by increasing revenue and expenditures by
$18,526 each
Corpus Christi Page 10 Printed on 3/31/2014
City Council Meeting Minutes March 25, 2014
This Ordinance was passed on second reading on the Consent Agenda.
Enactment No: 030142
M. PUBLIC HEARINGS: (ITEM 23)
23. Public Hearing and First Reading Ordinance -Amending the
Unified Development Code by increasing time limit for Council
action on applications
Ordinance amending the Unified Development Code by revising
subsections 3.3.3.0 and 3.4.2.D regarding City Council final action on
Zoning Map amendments (rezonings), and historic overlay districts or
landmark designations; and providing for severance, penalties, and
publication.
Mayor Martinez referred to Item 23.Annika Gunning with Development
Services stated that the purpose of this item is to amend the Unified
Development Code to increase the amount of time that City Council has to take
action on rezoning and historic designations. Ms.Gunning stated that staff and
Planning Commission were in favor of the proposed amendments.Council
Member Riojas made a motion to open the public hearing,seconded by
Council Member McIntyre and passed.There were no comments from the
Council or the public.Council Member Garza made a motion to close the
public hearing,seconded by Council Member McIntyre and passed. This
Ordinance was passed on first reading and approved with the following vote:
Aye: 7- Council Member Allen, Council Member Loeb, Mayor Martinez, Council
Member Scott, Council Member McIntyre, Council Member Riojas and
Council Member Garza
Absent: 2- Council Member Leal and Council Member Magill
Abstained: 0
N. REGULAR AGENDA: (ITEMS 24 - 30)
24. Approval of financial advisor for phase 2 of energy projects
(Related items 24 - 25)
Motion authorizing the appointment of M. E. Allison & Co., Inc. as
Financial Advisor for the City of Corpus Christi, Texas Public Property
Finance Contractual Obligations, Series 2014.
Mayor Martinez referred to Item 24. Director of Financial Services Constance
Sanchez stated that Items 24 and 25 are in relation to the funding of up to
$9,000,000 for Phase 2 of the energy efficiency projects. Ms.Sanchez said
these items include approving the appointment of M.E.Allison as financial
advisor and authorizing the issuance of the obligations.There were no
comments from the public. In response to a council member, Ms.Sanchez
stated that M.E.Allison has been the City's financial advisor for over 40 years
and fees have remained the same. This Motion was passed and approved with
the following vote:
Corpus Christi Page 11 Printed on 3/31/2014
City Council Meeting Minutes March 25, 2014
Aye: 7- Council Member Allen, Council Member Loeb, Mayor Martinez, Council
Member Scott, Council Member McIntyre, Council Member Riojas and
Council Member Garza
Absent: 2- Council Member Leal and Council Member Magill
Abstained: 0
Enactment No: M2014-040
25. Second Reading Ordinance -Approving the financing for phase 2
of energy projects (1st Reading 3/18/14)
Ordinance by the City Council of the City of Corpus Christi, Texas
authorizing the issuance of"City of Corpus Christi, Texas Public
Property Finance Contractual Obligations, Series 2014" in an amount
not to exceed $9,000,000, levying an annual ad valorem tax, within the
limitations prescribed by law, for the payment of the contractual
obligations; prescribing the form, terms, conditions, and resolving
other matters incident and related to the issuance, sale, and delivery
of the contractual obligations; authorizing the execution of a Payment
Agent/Registrar Agreement and a Purchase and Investment Letter;
complying with the requirements imposed by the Letter of
Representations previously executed with the Depository Trust
Company; delegating the authority to the Mayor and certain members
of the City Staff to execute certain documents relating to the sale of
the contractual obligations; and providing an effective date.
This item was discussed under Item 24.This Ordinance was passed on second
reading and approved with the following vote:
Aye: 7- Council Member Allen, Council Member Loeb, Mayor Martinez, Council
Member Scott, Council Member McIntyre, Council Member Riojas and
Council Member Garza
Absent: 2- Council Member Leal and Council Member Magill
Abstained: 0
Enactment No: 030143
26. Approving financial advisor for Proposed Bond 2014 design work
(Related items 26 - 27)
Motion authorizing the appointment of M. E. Allison, & Co., as
Financial Advisor for the "City of Corpus Christi, Texas Tax Notes,
Series 2014" in an amount not to exceed $8,000,000.
Mayor Martinez referred to Item 26. Director of Financial Services Constance
Sanchez stated that Items 26 and 27 are in relation to funding up to$8,000,000
for design work for the 2014 proposed bond street projects. Ms.Sanchez said
these items include authorizing the appointment of M.E.Allison as financial
advisor and issuance of the tax notes.There were no comments from the
Council or the public.This Motion was passed and approved with the following
Corpus Christi Page 12 Printed on 3/31/2014
City Council Meeting Minutes March 25, 2014
vote:
Aye: 7- Council Member Allen, Council Member Loeb, Mayor Martinez, Council
Member Scott, Council Member McIntyre, Council Member Riojas and
Council Member Garza
Absent: 2- Council Member Leal and Council Member Magill
Abstained: 0
Enactment No: M2014-041
27. Second Reading Ordinance -Authorizing financing for proposed
Bond 2014 design work (1st Reading 3/18/14)
Ordinance authorizing the issuance of"City of Corpus Christi, Texas
Tax Notes, Series 2014" in an amount not to exceed $8,000,000,
levying an annual ad valorem tax, within the limitations prescribed by
law, for the payment of the obligations; prescribing the form, terms,
conditions, and resolving other matters incident and related to the
issuance, sale, and delivery of the obligations; authorizing the
execution of a Payment Agent/Registrar Agreement and a Purchase
and Investment Letter; complying with the provisions of the Depository
Trust Company's Letter of Representations; delegating the authority to
the Mayor and certain members of the City Staff to execute certain
documents relating to the sale of the tax notes; and providing an
effective date.
This item was discussed under Item 26.This Ordinance was passed on second
reading and approved with the following vote:
Aye: 7- Council Member Allen, Council Member Loeb, Mayor Martinez, Council
Member Scott, Council Member McIntyre, Council Member Riojas and
Council Member Garza
Absent: 2- Council Member Leal and Council Member Magill
Abstained: 0
Enactment No: 030144
28. Second Reading Ordinance - Engineering construction contract
for McArdle Road from Ennis Joslin Road to Whitaker Drive
(Bond 2012) (1st Reading 3/18/14)
Ordinance amending the FY 2014 Capital Improvement Budget
adopted by Ordinance No. 029916 by transferring $651,654.15 from
Fund 3549 Project#E12098 McArdle Road from Whitaker Drive to
Nile Drive, $65,000 from Fund 4476 Water 2009 CIP Fund Reserves,
$360,000 from Fund 4247 Wastewater 2012 CIP Fund Reserves to
Project#E12097 McArdle Road from Nile Drive to Ennis Josin;
increasing expenditures in the amount of $425,000; authorizing the
City Manager, or designee, to execute a construction contract with
Corpus Christi Page 13 Printed on 3/31/2014
City Council Meeting Minutes March 25,2014
Reytec Construction Resources, Inc. of Corpus Christi, Texas in the
amount of $10,653,999.40 for McArdle Road from Ennis Joslin to
Whitaker for the base bid; and executing a testing agreement with
Rock Engineering and Testing Laboratories, Inc. in the amount of
$74,850 for McArdle Road from Ennis Joslin to Whitaker for
construction materials testing services. (Bond 2012)
Mayor Martinez referred to Item 28. Executive Director of Public Works Dan
Biles stated that the purpose of this item is to award the construction contract
for the McArdle Road bond project.There were no comments from the Council
or the public.This Ordinance was passed on second reading and approved
with the following vote:
Aye: 7- Council Member Allen, Council Member Loeb, Mayor Martinez, Council
Member Scott, Council Member McIntyre, Council Member Riojas and
Council Member Garza
Absent: 2- Council Member Leal and Council Member Magill
Abstained: 0
Enactment No: 030145
29. Change order authorization for the Mary Rhodes Pipeline Phase 2
pipeline section A, B, and C and pump stations/sedimentation
basin
Motion authorizing the City Manager or designee to execute non
routine change orders of up to 5% of the contract value, of (1) the
construction contract with Garney Companies, Inc. for the Mary
Rhodes Pipeline Phase 2: Pipeline Sections A, B, and C for
$84,121,405, or (2) the construction contract with Oscar Renda
Contracting for the Mary Rhodes Pipeline Phase 2: Pump
Stations/Sedimentation Basin for $29,167,288, if changes in plans or
specifications are necessary after the performance of the contract has
begun or if it is necessary to decrease or increase the quantity of work
to be performed or of materials, equipment, or supplies to be
furnished, for reasons creating an urgent need for the change,
including but not limited to differing site conditions, provided that (I)
funding is available for that purpose; (II) the original contract price is
not increased by cumulative change orders by more than 5 percent
(5%) of the original contract price; (III) a report is provided to City
Council as soon as possible afterward; and (IV) the Executive Director
of Public Works has conducted a full review of the facts and
determines, in writing, that: (a) the change is required and/or
unavoidable, and (b) time is of the essence to the extent that
immediate action must be taken in order (i) to avoid substantial delay
damages from being incurred; or (ii) to prevent significant harm from
occurring to the City's property or the City's Mary Rhodes Pipeline
Phase 2 Project.
Mayor Martinez referred to Item 29. Executive Director of Public Works Dan
Corpus Christi Page 14 Printed on 3/31/2014
City Council Meeting Minutes March 25,2014
Biles stated that the purpose of this item is to authorize a change order for the
Mary Rhodes Pipeline Phase 2 project. There were no comments from the
Council or the public.This Motion was passed and approved with the following
vote:
Aye: 7- Council Member Allen, Council Member Loeb, Mayor Martinez, Council
Member Scott, Council Member McIntyre, Council Member Riojas and
Council Member Garza
Absent: 2- Council Member Leal and Council Member Magill
Abstained: 0
Enactment No: M2014-042
30. Resolution opposing wind farm development in the City's
extra-territorial jurisdiction
Resolution opposing wind farm development in the City's extra
territorial jurisdiction
Mayor Martinez referred to Item 30.Assistant City Manager Wes Pierson stated
that the purpose of this item is to approve a resolution opposing wind farm
development in the City's extra-territorial jurisdiction. Mayor Martinez called for
comments from the public. Karlis Povisils,Apex Clean Energy stated that the
company has been working on this wind farm project near Chapman Ranch for
five years. Mr. Povisils requested that the resolution be postponed to allow
Apex to meet with the City to address their concerns. David Hearn, Scott
Frazier, Kim Jacobs,Carter Green, Gerald Hopkins, Bart Braselton and
Commissioner Mike Pusley spoke in opposition to the wind turbines on this
property.Abel Alonzo spoke regarding the education system and affordable
housing in the London Independent School District. Council Members spoke
regarding the following topics: legislation preventing the City from regulating
in the extraterritorial jurisdiction; lack of contact between the city staff and
Apex representatives; timeframe to receive the prediction of growth patterns
from the Goody Clancy report; concerns that the wind farm will affect air traffic
from the Naval Air Station and airport; removal of the wind turbines after the
projected life span; and annexation into the extra-territorial jurisdiction.This
Resolution was passed and approved with the following vote:
Aye: 7- Council Member Allen, Council Member Loeb, Mayor Martinez, Council
Member Scott, Council Member McIntyre, Council Member Riojas and
Council Member Garza
Absent: 2- Council Member Leal and Council Member Magill
Abstained: 0
Enactment No: 030146
O. FIRST READING ORDINANCES: (ITEMS 31 - 32)
32. First Reading Ordinance -Type A Agreement for Hausman Foods,
LLC
Ordinance Approving a Business Incentive Agreement between the
Corpus Christi Page 15 Printed on 3/31/2014
City Council Meeting Minutes March 25, 2014
Corpus Christi Business and Job Development Corporation ("Type A
Corporation") and Hausman Foods, LLC ("Hausman") to provide a
grant of up to $205,920, for the creation of jobs and authorizing the
City Manager, or designee, to execute a Business Incentive Project
Service Agreement with the Type A Corporation regarding
implementation and administration of the Hausman Business Incentive
Agreement for the creation of jobs; and appropriating $205,920 from
the unreserved fund balance in the No. 1140 Business/Job
Development Fund for said business incentive grant from the Type A
Corporation to Hausman; and changing the FY 2013-2014 operating
budget, adopted by Ordinance No. 029915, by increasing proposed
expenditures by $205,920.
Mayor Martinez referred to Item 32. Emily Martinez with the Corpus Christi
Regional Economic Development Corporation(EDC)stated that the purpose of
this item is to approve a business incentive agreement between the Type A
Board and Sam Hausman Foods in the amount of$205,920. Ms. Martinez
provided information on the terms of the contract,creation of jobs,annual
payroll; and capital investment.There were no comments from the Council or
the public.This Ordinance was passed on first reading and approved with the
following vote:
Aye: 7- Council Member Allen, Council Member Loeb, Mayor Martinez, Council
Member Scott, Council Member McIntyre, Council Member Riojas and
Council Member Garza
Absent: 2- Council Member Leal and Council Member Magill
Abstained: 0
31. First Reading Ordinance -Amending the Fiscal Year 2013-14
Operating Budget to extend it by two months
Ordinance amending the Fiscal Year 2013-2014 Operating Budget
adopted by Ordinance No. 029915 to extend fiscal year 2013-2014
two months, by increasing total revenues by $111,715,725 and total
expenditures by $106,187,250 in the General Fund, Internal Service
Funds, Enterprise Funds, and Special Revenue Funds.
Mayor Martinez referred to Item 31.Assistant Director of Management and
Budget Eddie Houlihan stated that the purpose of this item is to amend the
FY2013-2014 operating budget by extending the budget by two months to
coincide with the change in fiscal year.There were no comments from the
Council or the public.This Ordinance was passed on first reading and
approved with the following vote:
Aye: 6- Council Member Allen, Council Member Loeb, Mayor Martinez, Council
Member Scott, Council Member McIntyre and Council Member Riojas
Absent: 3- Council Member Leal, Council Member Magill and Council Member Garza
Abstained: 0
P. FUTURE AGENDA ITEMS: (ITEMS 33 - 35)
Corpus Christi Page 16 Printed on 3/31/2014
City Council Meeting Minutes March 25, 2014
Mayor Martinez referred to the Future Agenda.City Manager Olson stated that
staff did not have any planned presentation.
33. Service Agreements for Storm Water Improved ROW Strip
Mowing and Bayfront Parks and Medians Turf and Grounds
Maintenance
Motion approving service agreements with the following companies, in
the following amounts for Storm Water Improved ROW Strip Mowing
and Bayfront Parks and Medians Turf and Grounds Maintenance in
accordance with Bid Invitation No. BI-0079-14, based on lowest
responsible bid for an estimated annual expenditure of $673,540.40 of
which $336,770.20 is required for the remainder of FY 2013-2014.
The terms of the contracts will be for twelve (12) months with options
to extend for up to two (2) additional twelve-month periods, subject to
the approval of the Contractors and the City Manager or designees.
Funds have been budgeted by the Utilities and Parks and Recreation
Departments in FY 2013-2014.
Storm Water Improved ROW Bayfront Parks & Medians
Strip Mowing Turf& Grounds Maintenance
Aspen Lawn Care D-Bar Contractors
Corpus Christi, TX. San Benito, TX
$109,399.90 $152,423.60
D-Bar Contractors Maldonado Nursery &
San Benito, TX Landscape, Inc.
$52,186.40 Corpus Christi, TX
$211,131.90
Dorame General Repair & Lawn, LLC
Corpus Christi, TX
$101,346.00
Maldonado Nursery & Landscape, Inc.
Corpus Christi, TX
$47,052.60
Total: $309,984.90 Total: $363,555.50
Grand Total $673,540.40
This Motion was recommended to consent agenda
34. Supply agreement for liquid aluminum sulfate for use at the O. N.
Stevens water treatment plant
Corpus Christi Page 17 Printed on 3/31/2014
City Council Meeting Minutes March 25,2014
Motion approving a supply agreement with General Chemical
Performance Products LLC, Parsippany, New Jersey for liquid
aluminum sulfate in accordance with Bid Invitation No. BI-0090-14
based on lowest responsible bid for an estimated annual expenditure
of$1,248,390.00, of which $624,195.00 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 Utilities
Department in FY 2013-2014.
This Motion was recommended to consent agenda
35. Supply agreement for hot tap fittings for repairing or adding lines
for new gas service
Motion approving a supply agreement with M.T. Deason Company,
Inc., Birmingham, Alabama for hot tap fittings in accordance with Bid
Invitation No. BI-0093-14 based on only bid for an estimated annual
expenditure of$90,264.00, of which $45,132.00 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 Utilities
Department in FY 2013-2014.
This Motion was recommended to consent agenda
Q. BRIEFINGS TO CITY COUNCIL: (ITEMS 36 - 38)
36. Animal Care Services -Small Trap Pickup Procedures
Mayor Martinez referred to Item 36. Police Chief Floyd Simpson stated that the
purpose of this item is to present factual information regarding the small
animal trap pickup process. Police Commander Todd Green referred to a
powerpoint presentation including the reasons for changing the procedures;
information on murine typhus;the types and total number of calls received by
Animal Control Services;the hours expended and cost to euthanize or relocate
opossum;the state's response on the effectiveness of trapping possums to
combat murine typhus; and effective measures.Commander Green stated that
the policy is consistent with other major cities in Texas and the Animal Control
Advisory Committee voted unanimously to endorse the practice currently in
place. Council Members spoke regarding the following topics: euthanizing
possums versus relocation; the Public Health Department's perspective on
spending funds for possum removal; private services for wildlife removal; and
prevention of disease by controlling environment.
37. Parks and Recreation - Mowing Consolidation
Mayor Martinez referred to Item 37. Director of Parks and Recreation Michael
Morris stated that the purpose of this item is to provide an update on the
Corpus Christi Page 18 Printed on 3/31/2014
City Council Meeting Minutes March 25, 2014
mowing consolidation program. Mr. Morris provided information on the
departments that do mowing;the methodology used; challenges; potential
savings and recommendations for Phases I -Ill.Council members spoke
regarding the following topics:the criteria for mowing high profile areas and
the cost associated with Phase II.
38. Assessment of the Efficiency and Effectiveness of the City of
Corpus Christi Fire Department
Mayor Martinez referred to Item 38. City Manager Ron Olson stated that the
purpose of this item is to provide an overview of the results from the
assessment of the efficiency and effectiveness of the Fire Department. Mr.
Olson said this study is part of the City's focus on continuous improvement to
departments and their functions. Mr.Olson provided an overview of the review
process;the general objectives of the review; and the specific objective to
determine how the Fire Department can best meet its mission while
cost-effectively delivering services.Travis Miller with MGT of America Inc.
provided information on the overview of the Fire Department; responses and
recommendations to 11 specific questions;the demand by service; response
performance; total incidents of concurrency by station by hour of day; and
incident density. Fire Chief Robert Rocha stated that he concurred with many
of the recommendations made and an action plan has been developed to
implement the recommendations. Council members spoke regarding the
following topics:social economics of the workload; updating the GIS database
to include accurate information on streets; incident density and stations
optimally located; and the timeframe for the action plan.
Council Member Loeb made a motion directing the City Manager and staff to
work to implement the recommendations and bring back to the Council action
items to take the actions necessary to implement this study,seconded by
Council Member McIntyre.The motion was passed and approved with the
following vote: Martinez,Allen,Garza, Loeb, McIntyre, Riojas and Scott,voting
"Aye"; Leal and Magill were absent.
R. ADJOURNMENT
The meeting was adjourned at 4:43 p.m.
Corpus Christi Page 19 Printed on 3/31/2014