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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 June 10, 2014 which were approved by the City
Council on June 17, 2014.
WITNESSETH MY HAND AND SEAL, on this the 17th day of June, 2014.
Rebecca Huerta
City Secretary
SEAL
INDEXED
° ` Corpus Christi 1201 Leopard Street
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, Meeting Minutes
City Council
Tuesday,June 10,2014 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 Linda Morrow, St. Peter's by the Sea United
Methodist Church.
Pastor Linda Morrow gave the invocation.
C. Pledge of Allegiance to the Flag of the United States to be led by Valerie Gray,
Director of Street Operations.
Director of Street Operations Valerie Gray led 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 the required Charter Officers were present to conduct the meeting.
City Secretary Huerta announced that Council Member Leal has been granted a
leave of absence.
Charter Officers:
Deputy City Manager Margie Rose,Assistant City Attorney Lisa Aguilar,and
City Secretary Rebecca Huerta.
(Note:City Manager Ron Olson arrived at 12:57 p.m.)
Present: 8- Mayor Nelda Martinez,Council Member Kelley Allen,Council Member Rudy
Garza,Council Member David Loeb,Council Member Chad Magill,Council
Member Colleen Mclntyre,Council Member Lillian Riojas, and Council
Member Mark Scott
Absent: 1 - Council Member Priscilla Leal
E. Proclamations/Commendations
1. Proclamation declaring June 9-15, 2014 as, "Men's Health Week"
Proclamation declaring June 13, 2014 as, "Antonia Medina 'Grandma
Toni' Day of Remembrance"
Proclamation declaring June 21, 2014 as, "CreativeMinds Go
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Skateboarding Day"
Proclamation declaring June 22, 2014 as, "Ms. Coastal Bend Senior
Pageant Day"
Presentation of June Green & Clean Award
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 public.Jack Gordy spoke
regarding city employees using city issued credit cards for personal use.Susie
Luna Saldana spoke in support of building Fire Station No.18,which was
approved by the voters in the Bond 2008 Election.Denise Thomas requested
information regarding a prhoibition on discussing information on Fire Station
No.18 while in litigation.Major Terry Reid with The Salvation Army spoke in
appreciation of the City showing interest and discussing the homelessness
issue.
G. CITY MANAGER'S COMMENTS/UPDATE ON CITY OPERATIONS:
Mayor Martinez referred to City Manager's Comments.
a. City Performance Report-Animal Care
Police Commander Todd Green,Supervisor of Animal Control Services,
provided a briefing on the operations,mission and goals of the Animal Care
Division of the Police Department.
b. Other
Deputy City Manager Margie Rose announced that the Plan Corpus Christi
Comprehensive Plan 2035 project workshops in the five Council districts begin
this week,with a Citywide Forum scheduled on Saturday,June 28th from 9:00
a.m.to 1:00 p.m.at the American Bank Center.After the series of public
meetings,staff will develop a shared vision for the City and identify priorities
based on the input received.Ms.Rose added that more information can be
found at www.plancc2035.com.
MINUTES:
7. Regular Meeting of May 27, 2014
Mayor Martinez deviated from the agenda and referred to approval of the
minutes.Council Member McIntyre made a motion to approve the minutes,
seconded by Council Member Garza and passed unanimously.
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J. BOARDS & COMMITTEE APPOINTMENTS:
8. Corpus Christi Regional Transportation Authority
Senior Companion Program Advisory Committee
Mayor Martinez referred to board and committee appointments.The following
appointments were made:
Corpus Christi Regional Transportation Authority:
Council Member Loeb made a motion to reappoint Thomas E.Dreyer,George
B.Clower,Tony Elizondo,Mary J.Saenz,and Jeffrey Pollack,seconded by
Council Member Scott and passed unanimously.
Senior Companion Program Advisory Committee:
Council Member McIntyre made a motion to reappoint Shirley Tipton,Maria
(Isabel)Odeh,and Monica Rodriguez,seconded by Council Member Magill and
passed unanimously.Council Member Loeb made a motion to appoint Sherry
L.Dubois,seconded by Council Member McIntyre and passed unanimously.
K. EXPLANATION OF COUNCIL ACTION:
L. CONSENT AGENDA: (ITEMS 9 -18)
Approval of the Consent Agenda
Mayor Martinez referred to the consent agenda.There were no comments from
the public.Council Member Magill requested that Item 12 be pulled for
individual consideration.The consent agenda was passed by one vote as
follows:
Aye: 8- Mayor Martinez, Council Member Allen, Council Member Garza, Council
Member Loeb, Council Member Magill, Council Member McIntyre, Council
Member Riojas and Council Member Scott
Absent: 1 - Council Member Leal
Abstained: 0
9. Resolution approving submission of grant applications for the
Highway Safety Improvement Program
Resolution supporting the submission of multiple grant applications
with the Texas Department of Transportation (TxDOT) Highway Safety
Improvement Program (HSIP)for projects to improve and interconnect
traffic signals at selected locations throughout the City of Corpus
Christi.
This Resolution was passed on the Consent Agenda.
Enactment No: 030187
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10. Resolution supporting submission of a grant application for the
Harbor Bridge Livable Community Plan
Resolution supporting submission of a grant application to the United
States Department of Transportation for a "Transportation Investment
Generating Economic Recovery" (TIGER) Discretionary Grant for the
Harbor Bridge Livable Community Plan; in the amount of$1,000,000.
This Resolution was passed on the Consent Agenda.
Enactment No: 030188
11. Engineering design contract for Municipal Communication Studio
facility renovation
Motion authorizing the City Manager, or designee, to execute a Design
Services Contract with Russ Berger Design Group, Inc. from Addison,
Texas in the amount of$59,300 for the City of Corpus Christi
Municipal Communication Studio Facility Renovation.
This Motion was passed on the Consent Agenda.
Enactment No: M2014-068
13. Second Reading Ordinance - Rezoning from the "FR" Farm Rural
District to the "RS-4.5" Single-Family 4.5 District,on property
located at 7801 Slough Road (1st Reading 5/27/14)
Case 0414-06 Grangefield Development, LLC: 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 19.704-acre tract of land out of Lot 6,
Section 25, Flour Bluff and Encinal Farm and Garden Tracts, located
along the south side of Slough Road, approximately 350 feet east of
Freds Folly Drive.
Planning Commission and Staff Recommendation (April 23, 2014):
Approval of the change of zoning 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 Grangefield Development, LLC ("Owner"), by changing
the UDC Zoning Map in reference to a 19.704-acre tract of land out of
Lot 6, 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.
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This Ordinance was passed on second reading on the Consent Agenda.
Enactment No: 030189
14. Second Reading Ordinance -Rezoning from the "CR-2" Resort
Commercial District and "CR-2/IO" Resort Commercial District
with an Island Overlay to the"RS-4.5/PUD" Single-Family 4.5
District with a Planned Unit Development Overlay on property
located at 14313-14361 Nemo Court(1st Reading 5/27/14)
Case No. 0414-05 Upper Padre Partners, LP: A change of zoning
from the "CR-2" Resort Commercial District and "CR-2/10" Resort
Commercial District with an Island Overlay to the "RS-4.5/PUD"
Single-Family 4.5 District with a Planned Unit Development Overlay.
The property is described as being a 7.24-acre tract of land out of all
of Lots 11 through 23, Block 46, Padre Island - Corpus Christi, Island
Fairway Estates, and a portion of Lot 27D, Padre Island - Corpus
Christi, Island Fairway Estates, located along the west side of Nemo
Court, approximately 250 feet west of South Padre Island Drive (PR
22)and north of Whitecap Boulevard.
Planning Commission and Staff Recommendation (April 23, 2014):
Approval of the change of zoning from the "CR-2" Resort Commercial
District and "CR-2/10" Resort Commercial District with an Island
Overlay to the "RS-4.5/PUD"Single-Family 4.5 District with a Planned
Unit Development Overlay.
Ordinance
Ordinance amending the Unified Development Code ("UDC"), upon
application by Upper Padre Partners, LP,and Bryan R. Gulley
("Owners"), by changing the UDC Zoning Map in reference to a
7.24-acre tract of land out of all of Lots 11 through 23, Block 46, Padre
Island - Corpus Christi, Island Fairway Estates, and a portion of Lot
27D, Padre Island - Corpus Christi, Island Fairway Estates, from the
"CR-2" Resort Commercial District and "CR-2/IO" Resort Commercial
District with an Island Overlay to the "RS-4.5/PUD" Single-Family 4.5
District with 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 Consent Agenda.
Enactment No: 030190
15. Second Reading Ordinance -Request for a Special Permit Time
Extension, on property located at 8801 State Highway 44(1st
Reading 5/27/14)
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Case No. 0313-01 Thomas Petroleum, LLC: A request for a Special
Permit time extension for an additional two years. The property
requiring the Special Permit time extension is described as Lot 1,
Block 1, Thomas Petroleum Subdivision, located on the south side of
State Highway 44, approximately 670 feet east of South Clarkwood
Road.
Planning Commission and Staff Recommendation (April 23, 2014):
Denial of the applicant's requested two-year time extension and
approval of a one-year time extension.
Ordinance
Ordinance amending Ordinance No. 029841, upon request by Thomas
Petroleum, LLC ("Owner"), by adding a one-year time extension to the
special permit time limit initially approved; 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: 030191
16. Second Reading Ordinance -Accepting and appropriating grant
funds for Stonegarden Grant Program (1st Reading 5/27/14)
Ordinance authorizing the City Manager or designee to execute all
documents necessary to accept a grant in the amount of$262,595
from Nueces County for funding eligible under the FY2013
Department of Homeland Security Grant Program Operation
Stonegarden to reimburse fuel, overtime, fringe benefits, and
equipment expenditures for the Police Department's collaborative
enforcement efforts with Nueces County along routes of ingress and
egress to include (but not limited to) U. S. Highway 77 and State
Highway 44; and appropriating the $262,595 in the No. 1061 Police
Grants Fund.
This Ordinance was passed on second reading on the Consent Agenda.
Enactment No:030192
•
17. Second Reading Ordinance-Approving an agreement and
appropriating funds to reimburse developer for the construction
of water arterial transmission and grid main line located north
along Saratoga Boulevard (SH 357),east of Ayers Street(1st
Reading 5/27/14)
Ordinance authorizing city manager or designee to execute a water
arterial transmission and grid main construction and reimbursement
agreement("Agreement")with Spear Consolidated, Ltd.,
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("Developer"), for the construction of a water arterial transmission and
grid main line and appropriating $84,536.35 from the No. 4030 Arterial
Transmission and Grid Main Trust Fund to reimburse the Developer in
accordance with the Agreement.
This Ordinance was passed on second reading on the Consent Agenda.
Enactment No:030193
18. Second Reading Ordinance -Type A Grant for the Del Mar College
Process and Instrumentation (1st Reading 5/27/14)
Ordinance approving a Business Incentive Agreement between the
Corpus Christi Business and Job Development Corporation ("Type A
Corporation") and Del Mar College Foundation ("Del Mar")to provide a
grant of up to $1,390,071, to expand Del Mar College's Process and
Instrumentation Technology Program by purchasing a Process
Technology Base Unit and Glycol Distillation Unit with ancillary
equipment/software and a Process Control Learning System 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 Del Mar Business
Incentive Agreement; and appropriating $1,390,071 from the
unreserved fund balance in the No. 1140 Business/Job Development
Fund for said business incentive grant from the Type A Corporation to
Del Mar and changing the FY 2013-2014 operating budget, adopted
by Ordinance No. 029915, by increasing proposed expenditures by
$1,390,071.
This Ordinance was passed on second reading on the Consent Agenda.
Enactment No: 030194
12. Agreement for Bond Counsel Services
Motion authorizing the City Manager to enter into an agreement with
Fulbright&Jaworski, LLP of San Antonio, Texas to perform bond
counsel services for the City of Corpus Christi.
Mayor Martinez referred to Item 12.Council Member Magill thanked Director of
Financial Services Constance Sanchez for taking the time to review the
contract and address his concerns.There were no comments from the public.
This Motion was passed and approved with the following vote:
Aye: 8- Mayor Martinez, Council Member Allen, Council Member Garza, Council
Member Loeb, Council Member Magill, Council Member McIntyre, Council
Member Riojas and Council Member Scott
Absent: 1 - Council Member Leal
Abstained: 0
Enactment No: M2014-069
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M. PUBLIC HEARINGS: (ITEM 191
19. Public Hearing and First Reading Ordinance regarding the City of
Corpus Christi's proposed FY2014-2015 Consolidated Annual
Action Plan
Ordinance to adopt the fiscal year(FY)2014-2015 Consolidated
Annual Action Plan (CAAP), for the Community Development Block
Grant(CDBG), the Emergency Solutions Grant(ESG), and the HOME
Investment Partnerships (HOME) Programs; to authorize the City
Manager or designee to submit the FY2014-2015 CAAP to the U.S.
Department of Housing and Urban Development(HUD), and to amend
if required by HUD; to authorize the City Manager or designee to
execute all documents necessary to accept and appropriate upon
receipt the grants from HUD into the Grant Fund No. 1059 for the
approved FY2014-2015 CAAP projects and further to execute funding
agreements and all other documents necessary to implement the
FY2014-2015 CAAP with organizations for approved projects.
Mayor Martinez referred to Item 19.Director of Housing and Community
Development Eddie Ortega stated that the purpose of this item is to hold a
public hearing and approve the first reading of the proposed FY2014
Consolidated Annual Action Plan(CAAP)for the CDBG,ESG,and HOME
programs.Mr.Ortega provided an overview of the CDBG staff
recommendations.
Council Member Magill made a motion to open the CDBG public hearing,
seconded by Council Member McIntyre and passed.Elizabeth Contreras with
TG303,Inc.thanked the Council for consideration of funding the Casa De
Manana Apartments.Harvey Manning with The Deaf&Hard of Hearing Center
thanked the Council for consideration of funding a grant for a new building.
Bert Quintanilla,CASA of the Coastal Bend,thanked the Council for
consideration of funding a grant for CASA.Council Member Garza made a
motion to close the public hearing,seconded by Council Member McIntyre and
passed.
Mr.Ortega provided the recommendations for the ESG programs.Community
Development Administrator Rudy Bentancourt responded to council members
questions regarding the following topics:the ranking outcomes; how the four
ranking criteria are measured;federal experience;agency experience;the type
of data collected at the end of the year required by HUD; budget and financial
management;what constitutes a match of funds;the requirement of a Dun&
Bradstreet number; how the rankings received determine funding;the
percentage of homeless prevention and rapid re-housing;the budget that each
entity is required to present;and Recovery Contacts funding.
Council Member McIntyre made a motion to reduce the funding from
ESG-Recovery Contacts,Inc.from$20,000 to$11,000,seconded by Council
Member Allen and passed unanimously.
Council Member McIntyre made a motion to increase funding for ESG-Metro
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Ministries by$5,000 for a total amount of$30,000,seconded by Council
Member Scott and passed unanimously.
Council Member Riojas made a motion to split the remaining$4,000 and
increase the funding for ESG-Mary McLeod Bethune Day Nursery and
ESG-South Texas Substance Abuse Recovery Services,seconded by Council
Member Loeb and passed unanimously.
Council Member McIntyre made a motion to open the ESG public hearing,
seconded by Council Member Scott and passed.There were no comments
from the public.Council Member McIntyre made a motion to close the public
hearing,seconded by Council Member Scott and passed.
Mr.Ortega presented the staff recommendations for the HOME program.
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 Garza made a motion to close the public
hearing,seconded by Council Member Scott and passed.This Ordinance was
passed on first reading and approved with the following vote:
Aye: 8- Mayor Martinez, Council Member Allen, Council Member Garza, Council
Member Loeb, Council Member Magill, Council Member McIntyre, Council
Member Riojas and Council Member Scott
Absent: 1 - Council Member Leal
Abstained: 0
FIRST READING ORDINANCES: (ITEM 26, 28 and 29)
N. REGULAR AGENDA: (NONE)
26. First Reading Ordinance -Type A Grant for Texas A&M
University Electrical Engineering of$1,000,000
Approving a Business Incentive Agreement between the Corpus
Christi Business and Job Development Corporation ("Type A
Corporation") and Texas A&M University-Corpus Christi to provide a
grant of$1,000,000 to expand its undergraduate degrees in electrical
engineering 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 Texas
A&M University- Corpus Christi Business Incentive Agreement; and
appropriating $1,000,000 from the unreserved fund balance in the No.
1140 Business/Job Development Fund for said business incentive
grant from the Type A Corporation to Texas A&M University- Corpus
Christi and changing the FY 2013-2014 operating budget, adopted by
Ordinance No. 029915, by increasing proposed expenditures by
$1,000,000.
Mayor Martinez deviated from the agenda and referred to Item 26.Mike
Culbertson,Corpus Christi Regional Economic Development Corporation,
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stated that the purpose of this item is to approve a Type A grant for Texas A&M
University-Corpus Christi(TAMU-CC)to expand their electrical engineering
program.Dr.Jim Lee,TAMU-CC,presented information on the number of
TAMU-CC graduates;the funding provided to the University from the City and
the return on investment;the mechanical engineering earning impact;the
projected impact of the engineering program;the Coastal Bend labor market
outlook;and the wage estimate for electrical engineers.There were no
comments from the Council or the public.This Ordinance was passed on first
reading and approved with the following vote:
Aye: 8- Mayor Martinez, Council Member Allen, Council Member Garza, Council
Member Loeb, Council Member Magill,Council Member McIntyre, Council
Member Riojas and Council Member Scott
Absent: 1 - Council Member Leal
Abstained: 0
28. First Reading Ordinance -Fixed rate bonds for Mary Rhodes
Pipeline, Phase 2 (Related Items 29 &43)
Ordinance authorizing the issuance of"City of Corpus Christi, Texas
Utility System Junior Lien Revenue Improvement Bonds, Series
2014A", in an amount, when combined with other City Utility System
Revenue Obligations authorized on the date hereof, not to exceed
$155,000,000; making provisions for the payment and security thereof
by a junior and inferior lien on and pledge of the net revenues of the
City's Utility System; prescribing the form, terms, conditions, and
resolving other matters incident and related to the issuance, sale, and
delivery of the bonds; including the approval and distribution of an
official statement pertaining thereto; authorizing the execution of a
paying agent/registrar agreement and a purchase contract; 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 bonds; and providing an
effective date.
Mayor Martinez deviated from the agenda and referred to Item 28.Director of
Financial Services Constance Sanchez stated that Items 28, 29,and future
agenda Item 43 are related to the issuance of$155,000,000 for the Mary Rhodes
Pipeline,Phase 2.There were no comments from the Council or the public.
This Ordinance was passed on first reading and approved with the following
vote:
Aye: 8- Mayor Martinez, Council Member Allen, Council Member Garza, Council
Member Loeb, Council Member Magill, Council Member McIntyre, Council
Member Riojas and Council Member Scott
Absent: 1 - Council Member Leal
Abstained: 0
29. First Reading Ordinance -Variable rate bonds for Mary Rhodes
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Pipeline, Phase 2 (Related Items 28 &43)
Ordinance authorizing the issuance of"City of Corpus Christi, Texas
Utility System Variable Rate Junior Lien Revenue Improvement
Bonds, Series 2014B", when combined with other City Utility System
Revenue Obligations authorized on the date hereof, not to exceed
$155,000,000; making provisions for the payment and security thereof
by a junior and inferior lien on and pledge of the net revenues of the
City's Utility System; prescribing the form, terms, conditions, and
resolving other matters incident and related to the issuance, sale, and
delivery of the bonds; including the approval and distribution of an
official statement pertaining thereto; authorizing the execution of a
paying agent/registrar agreement and a purchase contract; 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 bonds; and providing an
effective date.
This item was discussed during Item 28.This Ordinance was passed on first
reading and approved with the following vote:
Aye: 8- Mayor Martinez, Council Member Allen, Council Member Garza, Council
Member Loeb, Council Member Magill, Council Member McIntyre, Council
Member Riojas and Council Member Scott
Absent: 1 - Council Member Leal
Abstained: 0
H. EXECUTIVE SESSION: (ITEMS 2 -6)
Mayor Martinez deviated from the agenda and referred to the days executive
sessions.The Council went into executive session.
2. Executive Session pursuant to Section 551.074, Texas Government
Code, to consider the evaluation performance and employment of the
City Manager, with possible action and discussion in open session
The Council returned from executive session.Mayor Martinez referred to Item 2
and stated that the following motion was discussed in executive session for
Council consideration:
Motion to increase City Manager Ron Olson's base salary to$231,850 a year.
Council Member Loeb made a motion to approve the motion as presented,
seconded by Council Member Garza.This Motion was passed and approved
with the following vote:
Aye: 8- Mayor Martinez, Council Member Allen, Council Member Garza, Council
Member Loeb, Council Member Magill, Council Member McIntyre, Council
Member Riojas and Council Member Scott
Absent: 1 - Council Member Leal
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Abstained: 0
Enactment No: M2014-065
3. Executive Session pursuant to Texas Government Code Section
551.071 and Texas Disciplinary Rules of Professional Conduct Rule
1.05 to consult with attorneys on annexation, with possible action and
discussion in open session.
Mayor Martinez referred to Item 3 and stated that the following motion was
discussed in executive session for Council consideration.Council Member
Magill recused himself from the discussion.
Motion directing the City Manager and staff to continue with annexation
proceedings.
Council Member Loeb made a motion to approve the motion as presented,
seconded by Council Member Allen.The Motion was passed and approved
with the following vote:
Aye: 7- Mayor Martinez, Council Member Allen, Council Member Garza, Council
Member Loeb, Council Member McIntyre, Council Member Riojas and
Council Member Scott
Absent: 1 - Council Member Leal
Abstained: 1 - Council Member Magill
Enactment No: M2014-066
4. Executive session pursuant to Section 551.071(1)(A) of the Texas
Government Code to consult with attorneys regarding Cause No.
2012DCV-1667-D, styled Luther Broadus and Angela Broadus v. City
of Corpus Christi, for discussion and possible action in open session
Mayor Martinez referred to Item 5 and stated that the following motion was
discussed in executive session for Council consideration:
Motion directing the City Manager or his designee to execute a settlement
agreement regarding Cause No.2012DCV-1667-D,styled Luther Broadus and
Angela Broadus v.City of Corpus Christi.
Council Member Scott made a motion to approve the motion presented,
seconded by Council Member Garza.This Motion was passed and approved
with the following vote:
Aye: 8- Mayor Martinez, Council Member Allen, Council Member Garza, Council
Member Loeb, Council Member Magill, Council Member McIntyre, Council
Member Riojas and Council Member Scott
Absent: 1 - Council Member Leal
Abstained: 0
Enactment No: M2014-067
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5. Executive session pursuant to Section 551.071 of the Texas
Government Code for consultation with attorneys regarding fire
collective bargaining negotiations with possible discussion and action
in open session
Mayor Martinez referred to Item 5 and stated that the following resolution was
discussed in executive session for Council consideration:
Resolution regarding the matter of the 2014 negotiation process between the
City of Corpus Christi Professional Firefighters'Association Local Union 936.
Council Member McIntyre made a motion to approve the resolution as
presented,seconded by Council Member Scott.This Resolution was passed
and approved with the following vote:
Aye: 8- Mayor Martinez, Council Member Allen, Council Member Garza, Council
Member Loeb, Council Member Magill,Council Member McIntyre,Council
Member Riojas and Council Member Scott
Absent: 1 - Council Member Leal
Abstained: 0
Enactment No: 030195
6. Executive Session pursuant to Texas Government Code Section
551.071 and Texas Disciplinary Rules of Professional Conduct Rule
1.05 to consult with attorneys on desalination water supply contract
matters, with possible action and discussion in open session.
This E-Session Item was discussed in executive session.
O. FIRST READING ORDINANCES: (ITEMS 20 - 25 and 27)
24. First Reading Ordinance-Amendment to lease agreement and
assignment to World Duty Free Group for additional news and gift
concession space at the airport
Ordinance authorizing the City Manager, or designee, to execute a
First Amended Long Term Lease Agreement ("Lease") with World Duty
Free Group US, Inc. ("WDFG")to provide for additional space for the
operation of a news and gift concession located at the Corpus Christi
International Airport ("Airport") at a rental rate which may change each
fiscal year in accordance with airline rates and charges: providing for
publication.
Mayor Martinez referred to Item 24 and stated that this item was withdrawn
from consideration.
20. First Reading Ordinance -Appropriating state grant for the 2014
Parks and Recreation Summer Food Program
Ordinance appropriating a$250,000 grant from the Texas Department
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of Agriculture in the No. 1067 Parks and Recreation grant fund to
operate a summer food service program for summer recreation
participants ages one to eighteen.
Mayor Martinez referred to Item 20.Director of Parks and Recreation Michael
Morris stated that the purpose of this item is to operate the summer food
program.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- Mayor Martinez, Council Member Magill, Council Member McIntyre,
Council Member Scott, Council Member Allen, Council Member Garza
and Council Member Loeb
Absent: 2- Council Member Riojas and Council Member Leal
Abstained: 0
21. First Reading Ordinance-Closing a portion of a 10-foot wide
easement located south of Glenoak Drive and west of Waldron
Road.
Ordinance abandoning and vacating a portion of a 10-foot wide utility
easement out of Lot 8, Section 50, Flour Bluff& Encinal Farm &
Garden Tract, located south of the Glenoak Drive public right-of-way,
and located west of the Waldron Road public right-of-way; and
requiring the owner, Flour Bluff Independent School District, to comply
with the specified conditions.
Mayor Martinez referred to Item 21.Interim Director of Development Services
Barney Williams stated that the purpose of this item is to abandon and vacate a
utility easement out of Lot 8,Section 50,Flour Bluff&Encinal Farm&Garden
Tracts;and requiring the owner,Flour Bluff Independent School District,to
comply with the specified conditions.Mr.Williams stated that staff
recommended support of this item.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- Mayor Martinez, Council Member Allen, Council Member Garza, Council
Member Loeb, Council Member Magill, Council Member McIntyre and
Council Member Scott
Absent: 2- Council Member Leal and Council Member Riojas
Abstained: 0
22. First Reading Ordinance -Appropriating State reimbursement
funds for purchase of cargo van
Ordinance authorizing the City Manager to appropriate$25,878.78
reimbursement received from the Texas State Library and Archives
Commission for participation in Project Loan into the Libraries Grant
Fund No. 1068, Project No. 807714L, Miscellaneous Library Grants,
for purchase of a cargo van for library services.
Mayor Martinez referred to Item 22.Director of Libraries Laura Garcia stated
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that the purpose of this item is to appropriate a$25,878.78 reimbursement
received from the Texas State Library and Archives Commission for the
purchase of a cargo van.There were no comments from the Council or the
public.This Ordinance was passed on first reading and approved with the
following vote:
Aye: 8- Mayor Martinez, Council Member Magill, Council Member McIntyre,
Council Member Riojas, Council Member Scott, Council Member Allen,
Council Member Garza and Council Member Loeb
Absent: 1 - Council Member Leal
Abstained: 0
23. First Reading Ordinance -Appropriating royalties from the Estate
of William T. Neyland for technology services
Ordinance authorizing the City Manager to appropriate $3,216.96 from
royalties from oil, gas, and mineral interests bequeathed to the City
from the Estate of William T. Neyland into the Libraries Grants Fund
No. 1068, Project No. 807713L, Neyland Royalties, to be used for
technology services.
Mayor Martinez referred to Item 23.Director of Libraries Laura Garcia stated
that the purpose of this item is to appropriate$3,216.96 from the Estate of
William T.Neyland to be used for technology services.There were no
comments from the Council or the public.This Ordinance was passed on first
reading and approved with the following vote:
Aye: 8- Mayor Martinez, Council Member Allen, Council Member Garza, Council
Member Loeb, Council Member Magill, Council Member McIntyre, Council
Member Riojas and Council Member Scott
Absent: 1 - Council Member Leal
Abstained: 0
25. First Reading Ordinance -Amending City Code to change the
annual audit plan deadline
Ordinance amending Chapter 12 '/2 of the City Code of Ordinances
regarding timeline for submission of annual audit plan.
Mayor Martinez referred to Item 25.City Auditor Arlena Sones stated that the
purpose of this item is to change the deadline for the Annual Audit Plan from
fiscal year to calendar 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: 8- Mayor Martinez, Council Member Allen, Council Member Garza, Council
Member Loeb, Council Member Magill, Council Member McIntyre,Council
Member Riojas and Council Member Scott
Absent: 1 - Council Member Leal
Abstained: 0
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27. First Reading Ordinance -Amending City Code of Ordinances
regarding personal leave
Ordinance to amend Chapter 39 of the City Code of Ordinances,
Personnel, regarding personal leave.
Mayor Martinez referred to Item 27.Director of Human Resources Yasmine
Chapman stated that the purpose of this item is to amend the Code of
Ordinances regarding Personal Leave to offer prorated personal leave for new
employees hired after August 1 and change the language regarding the use of
personal leave to July 31st.There were no comments from the Council or the
public.This Ordinance was passed on first reading and approved with the
following vote:
Aye: 8- Mayor Martinez, Council Member Allen, Council Member Garza, Council
Member Loeb, Council Member Magill, Council Member McIntyre, Council
Member Riojas and Council Member Scott
Absent: 1 - Council Member Leal
Abstained: 0
P. FUTURE AGENDA ITEMS: (ITEMS 30 -43)
Mayor Martinez referred to the Future Agenda Items.City Manager Olson stated
that staff had planned presentation on Items 33,38 and 42.A council member
commented on Item 31.
30. Resolution for special Community Development Block Grant
(CDBG) code enforcement activities
Resolution of the City Council of the City of Corpus Christi accepting
the determination that certain areas of the City are deteriorating areas
and designating these areas for special code enforcement activities in
Community Development Block Grant Program.
This Resolution was recommended to consent agenda.
31. Interlocal Agreement for use of body cameras
Resolution authorizing the City Manager or his designee to execute an
Interlocal Agreement with Nueces County to allow the Police
Department use of seventy-eight(78) body cameras acquired by the
County as part of a grant for Violence Against Woman for a period of
one year.
This Resolution was recommended to consent agenda.
32. Agreement renewal for art donation for Hans Suter Park
Motion authorizing the City Manager, or designee, to execute an
agreement with the South Texas Alliance of Indigenous People for the
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donation and acceptance of the bronze sculpture by David McGary
commemorating the Native Americans in Corpus Christi to be placed
at Hans Suter Park.
This Motion was recommended to consent agenda.
33. Decommissioning of Parks as identified in the Parks, Recreation
and Open Space Master Plan
Resolution finding, upon public hearing, that certain parcels of real
property owned by the City and designated as park lands have no
feasible and prudent use as park lands and that all reasonable
planning efforts have been made to minimize harm to the city's park
lands as a result of the sale or disposal of the specified parcels.
This Resolution was recommended to consent agenda.
34. Resolution authorizing request to Texas General Land Office for
continued financial assistance for beach cleaning and
maintenance
Resolution authorizing the City Manager or designee to execute all
documents necessary to request continued financial assistance for
beach cleaning and maintenance on North Padre Island and Mustang
Island during FY 2014-2015 under the Texas General Land Office's
Beach Cleaning and Maintenance Assistance Program.
This Resolution was recommended to consent agenda.
35. Advance funding agreement for Schanen Hike and Bike Trail from
Yorktown Boulevard to Saratoga Boulevard (Bond 2008/2012)
Resolution authorizing the City Manager, or designee, to execute an
Advance Funding Agreement with the Texas Department of
Transportation (TXDOT) for Schanen Hike and Bike Trail from
Yorktown Boulevard to Saratoga Boulevard with the City's participation
in the amount of$207,340. (Bond 2008/2012)
This Resolution was recommended to consent agenda.
36. Amendment No. 1 to work plan and budget agreement to
correspond with the City's revised fiscal year
Motion authorizing the City Manager or designee to execute
Amendment No. 1 to the FY 2014 work plan and budget agreement
with the Nueces River Authority in the amount of$16,666, for a total
restated fee not to exceed $116,666 to provide water planning,
protection, development, and data management services for the two
additional months of the revised fiscal year.
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This Motion was recommended to consent agenda.
37. Amendment No. 30 for the Runway 13-31 Extension/Displacement
and Connecting Taxiway
Motion authorizing the City Manager, or designee, to execute
Amendment No. 30 with KSA Engineers, Inc. from Longview, Texas in
the amount of$2,724,339.60 for a total restated fee of$6,665,109.71
for the Corpus Christi International Airport Runway 13-31
Extension/Displacement and Connecting Taxiway Project for
construction administration phase and close out services.
This Motion was recommended to consent agenda.
38. Upgrade the existing software and hardware for the Multi User
Flight Information Display System (MUFIDS)currently installed at
Corpus Christi International Airport(CCIA)
Motion authorizing the City Manager, or designee, to execute an
agreement for the purchase of system upgrades for the current Multi
User Flight Information Display System (MUFIDS) at Corpus Christi
International Airport from INFAX, Duluth, Georgia for total amount of
$138,348.
This Motion was recommended to consent agenda.
39. Supply agreement for sodium hypochlorite solution for use at
wastewater treatment plants and pump station
Motion approving a supply agreement with Brenntag Southwest, Inc.,
Houston, Texas for approximately 2,514,511 gallons of sodium
hypochlorite solution in accordance with Bid Invitation No. BI-0151-14
based on lowest responsible bid for an estimated twelve month
expenditure of$1,271,849.61 of which $423,949.87 is required for 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 Utilities Operations Budget in FY
2013-2014.
This Motion was recommended to consent agenda.
40. Service agreement for Mary Rhodes Pipeline easement mowing
Motion approving a service agreement with Diamond M Field Services,
Schertz, Texas for Mary Rhodes Pipeline Easement Mowing in
accordance with Bid Invitation No. BI-0115-14, based on only bid for
an estimated annual expenditure of$125,600.00, of which $52,333.33
is required for the remainder of FY 2013-2014. The term of the
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contract will be for twelve (12) months with options to extend for up to
four(4) additional twelve-month periods, subject to the approval of the
Contractor 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.
41. Approving Contract for Microsoft License Renewal
Motion authorizing the City Manager, or designee, to execute a
contract with Software House International (DIR-SDD-2503) for
$1,121,023.50. The purchase will be paid with three annual payments
of$373,674.50 ($1,121,023.50 total).
This Resolution was recommended to consent agenda.
42. Resolution regarding the City of Corpus Christi Water
Management Plan 2015-2050
Resolution of the City of Corpus Christi, Texas regarding the City's
Water Management Plan 2015-2050.
This Resolution was recommended to consent agenda.
43. Appointment of financial advisor for the funding of Mary Rhodes
Pipeline, Phase 2 (Related Items 18 & 19)
Motion authorizing the appointment of M. E. Allison, &Co., as
Financial Advisor for the issuance of "City of Corpus Christi, Texas
Utility System Junior Lien Revenue Improvement Bonds, Series 2014A
and Series 2014B" in an aggregate amount not to exceed
$155,000,000.
This Motion was recommended to consent agenda.
Q. BRIEFINGS TO CITY COUNCIL: (NONE)
R. ADJOURNMENT
The meeting was adjourned at 6:42 p.m.
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