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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 July 29, 2014 which were approved by the City
Council on August 12, 2014.
WITNESSETH MY HAND AND SEAL, on this the 12th day of August, 2014.
Rebecca Huerta
City Secretary
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Corpus Christi 1201 Leopard Street
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Meeting Minutes
City Council
Tuesday,July 29,2014 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 Father John Hayden Haby, St. Nicholas Greek
Orthodox Church.
Father John Hayden Haby gave the invocation.
C. Pledge of Allegiance to the Flag of the United States to be led by Margie Rose,
Deputy City Manager.
Deputy City Manager Margie Rose 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.City Secretary Huerta announced that Council Members
David Loeb and Mark Scott are absent.Mayor Martinez stated for the record
that Council Member Leob is under the weather and Council Member Scott had
a long-standing commitment.
Charter Officers:
City Manager Ron Olson,Interim City Attorney Barney L.Knight,and City
Secretary Rebecca Huerta.
Present: 6- Mayor Nelda Martinez,Council Member Kelley Allen,Council Member Rudy
Garza,Council Member Chad Magill,Council Member Colleen McIntyre,
and Council Member Lillian Riojas
Absent: 3- Council Member Priscilla Leal,Council Member David Loeb,and Council
Member Mark Scott
E. Proclamations/Commendations
1. 14-00859 Recognition of Sister Cities Exchange Students- Presentation of
Certificates of Honorary Citizenship
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Mayor Martinez recognized the Sister Cities Exchange Students and presented
Certificates of Honorary Citizenship.Mayor Martinez reported that the local
representatives of the Korean Chamber of Commerce presented two checks;
one to the Sister City Program and one to the City of Corpus Christi to assist
the less fortunate.
Mayor Martinez publicly expressed condolences to the Silverman family for
their loss.
G. CITY MANAGER'S COMMENTS/UPDATE ON CITY OPERATIONS:
Mayor Martinez deviated from the agenda and referred to the City Manager's
comments.
a. City Performance Report-Utilities -Treatment
Assistant Director of Treatment Brian Butscher provided a briefing on the
operations,mission and goals of the Utilities Department,Treatment Division.
b. Rules of Decorum during City Council Meetings - Interim City Attorney Barney
Knight
Interim City Attorney Barney L.Knight stated that a City Council meeting is
considered a limited public forum and the City Council is entitled to adopt
rules that limit the issues presented,represented and discussed to city
business.These may include rules that limit distractions during meetings.A
great many City Councils,the Courts,the Texas Legislature and many other
public bodies have adopted rules of decorum.Mr.Knight stated that in this day
and age,these rules are simply necessary.The 2nd and 11th Federal Circuit
Court of Appeals have upheld rules of decorum very similar to the City of
Corpus Christi.In addition,one of those dealt with a political sign on a T-shirt.
However,we try to not regulate more than is necessary.The rules of decorum
provide that political advertisements of any type,disruptive banners,placards,
signs or posters are prohibited.These rules are currently under review by the
City's Legal Department and staff anticipates offering some minor adjustments
to the Council in the near future.In the interim,staff is requesting voluntary
compliance with the rules of decorum.Council Member McIntyre said she
would like the staff to come back with a compromise that minimizes
distractions in the area behind the podium.
C. Other
1)Mr.Olson informed the Council that he has selected Kim Womack to serve
as Director of Communications effective yesterday.2)An article by the U.S.
National Bureau of Economic Research has named Corpus Christi one of the
top ten(10)happiest cities in America.
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.
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Mayor Martinez called for comments from the public.Abel Alonzo spoke
regarding the rules of decorum and spoke in support of Council Member
McIntyre's recommendation.Jeff Devillez spoke regarding a sewage problem
at his residence and the City's denial of responsibility.Huxley Smith suggested
increasing the size of the monitors in the Council Chambers.Foster Edwards,
President/CEO of the Corpus Christi Chamber of Commerce,thanked the City
Council and staff for their support of the South Texas Military Task Force and
requested that an item be placed on a future agenda to allow him to provide a
briefing on the activities of the task force.Mr.Edwards also invited the Council
to attend the"Salute to the Military'Annual Luncheon with James Olson on
August 27,2014.John Helm and Shane Torno spoke regarding the effects of
wind turbines and requested that the Council continue supporting the efforts
to stop the wind turbine development.Susie Luna Saldana spoke regarding the
language for Bond 2014 and requested a commitment to complete the bond
package if the propositions pass.Ms.Saldana also thanked City Manager
Olson for being on her program to explain the duties of the City Manager and
she spoke regarding the rules of decorum.
I. MINUTES:
4. 14-00861 Regular Meeting of July 22, 2014
Mayor Martinez deviated from the agenda and referred to approval of the
minutes.Council Member Magill made a motion to approve the minutes,
seconded by Council Member McIntyre and passed unanimously.
J. BOARD &COMMITTEE APPOINTMENTS:
5. 14-00860 Commission on Children and Youth
Leadership Committee for Senior Services
Mayor Martinez referred to board and committee appointments.The following
appointments were made:
Commission on Children and Youth
Council Member McIntyre made a motion to reappoint Danny Kollaja,David
Dow and Warren Andrich,seconded by Council Member Magill and passed
unanimously.Council Member McIntyre made a motion to appoint Donine
Schwartz and Megan Beck,seconded by Council Member Magill and passed
unanimously.
Leadership Committee for Senior Services
Council Member McIntyre made a motion to reappoint Adelfa M.Martinez,
Esperanza"Hope"Lopez,Ida Alvarado Hobbs,Araceli V.Cabral and Val
Salinas,seconded by Council Member Riojas and passed unanimously.
Council Member McIntyre made a motion to appoint Anita Woolsey,Angela
Munselle-Woods and Ginger Bryant,seconded by Council Member Magill and
passed unanimously.Council Member Magill made a motion to appoint Juan
Carlos Ayala,Theresa Garcia and Denise S.Villagran,seconded by Council
Member Allen and passed unanimously.
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K. EXPLANATION OF COUNCIL ACTION:
L. CONSENT AGENDA: (ITEMS 6 -27)
Approval of the Consent Agenda
Mayor Martinez referred to the Consent Agenda.City Manager Olson requested
that Item 12 be pulled for individual discussion.Darryl Haas requested that
Item 24 be pulled for individual discussion.The remaining consent agenda
items were approved by one vote as follows:
Aye: 6- Mayor Martinez, Council Member Allen, Council Member Garza, Council
Member Magill, Council Member McIntyre and Council Member Riojas
Absent: 3- Council Member Leal, Council Member Loeb and Council Member Scott
Abstained: 0
6. 14-00590 Supply agreement for non-shear flexible couplings
Motion approving a supply agreement with Ferguson Enterprises,
Corpus Christi, Texas for non-shear flexible couplings in accordance
with Bid Invitation No. BI-0147-14 based on lowest local bid for an
estimated annual expenditure of$80,291.09, of which $13,381.85 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. These items are
purchased into the Warehouse Inventory and charged out to the
Utilities Department.
Sponsors: Purchasing Division and Office of Public Utilites
This Motion was passed.
Enactment No: M2014-095
7. 14-00591 Supply agreement for meter box lids
Motion approving a supply agreement with Ferguson Enterprises,
Corpus Christi, Texas for meter box lids in accordance with Bid
Invitation No. BI-0154-14 based on lowest responsible bid for an
estimated annual expenditure of$52,397.50, of which $17,465.83 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.
Sponsors: Purchasing Division and Office of Public Utilites
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This Motion was passed.
Enactment No: M2014-096
8. 14-00596 Service agreement for custodial services for nine (9) outlying
police buildings
Motion approving a service agreement with Martin's Janitorial Service,
Corpus Christi, Texas for Custodial Services for Outlying Police
Buildings in accordance with Bid Invitation No. BI-0176-14, based on
only bid for an estimated annual expenditure of$100,644.00, of which
$25,161.00 is required for the remainder of FY 2013-2014. The term
of the contract 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 Contractor and the City Manager or designee. Funds have been
budgeted by the Police Department in FY 2013-2014.
Sponsors: Purchasing Division and Police Department
This Motion was passed.
Enactment No: M2014-097
9. 14-00754 Purchase of spare Patterson pump rotating assembly for the
Bloomington Pump Station
Motion approving the purchase of one (1) spare Patterson pump
rotating assembly from The Scruggs Co., Houston, Texas based on
sole source for a total amount of$65,290.00. Funds have been
budgeted by the Utilities Department in FY 2013-2014.
Sponsors: Purchasing Division and Office of Public Utilites
This Motion was passed.
Enactment No: M2014-098
10. 14-00751 Service agreement for preservation of historical documents
Motion approving the purchase of historical document preservation
services from Kofile Preservation, Inc., Dallas, Texas, in accordance
with the State of Texas Cooperative Purchasing Program for a total
expenditure of $147,545.73, of which approximately $41,724.64 is
required for the remainder of FY 2013-2014. Funds have been
budgeted by the Office of the City Secretary in FY 2014-2015 and will
be requested in future fiscal years.
Sponsors: City Secretary's Office and Purchasing Division
This Motion was passed.
Enactment No: M2014-099
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11. 14-00733 Amending interlocal agreement to include Nueces County
Emergency District#4 as a participant in the Radio
Communications System
Resolution authorizing the City Manager, or his designee, to execute
an amendment to the Radio Communications System Interlocal
Agreement between the City of Corpus Christi, the Regional
Transportation Authority and Nueces County to include the Nueces
County Emergency Services District#4 as a participant.
Sponsors: Police Department
This Resolution was passed.
Enactment No: 030233
13. 14-00730 Change order no.4 for head works (Phase 1)and grit system
(Phase 2)for Allison Wastewater Treatment Plant
Motion authorizing the City Manager or designee to execute Change
Order No. 4 with R.M. Wright Construction Company of El Paso,
Texas in the amount of$348,897.89, for a total restated fee of
$3,281,860.89 for the Allison Wastewater Treatment Plant Head
Works (Phase 1) and Grit System (Phase 2).
Sponsors: Office of Public Works and Office of Public Utilites
This Motion was passed.
Enactment No: M2014-100
14. 14-00469 Interlocal agreement for research services for the City's water
distribution system
Resolution authorizing the City Manager or designee to execute an
Interlocal Agreement with the University of Texas at Austin for
research services for the City's water distribution system, with City's
cost to be$49,547.
Sponsors: Office of Public Utilites and Water/Wastewater Treatment
This Resolution was passed.
Enactment No:030235
15. 14-00784 Amendment no. 1 to engineering monitoring contract for Periodic
Corosion Monitoring Survey 2015 for Mary Rhodes Pipeline
Motion authorizing the City Manager or designee to execute
Amendment No. 1 to the engineering contract with Russell Corrosion
Consultants, LLC of Simpsonville, Maryland in the amount of$46,095
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for a total restated fee not to exceed $75,825 for Mary Rhodes
Pipeline Periodic Corrosion Monitoring Survey 2015.
Sponsors: Water/Wastewater Treatment and Capital Programs
This Motion was passed.
Enactment No: M2014-101
16. 14-00782 Amendment no. 1 to engineering contract for the Nueces River
Raw Water Pump Station
Motion authorizing the City Manager or designee to execute
Amendment No. 1 to the engineering contract with Urban Engineering
of Corpus Christi, Texas in the amount of$1,688,299 for a total
restated fee not to exceed $1,738,035 for Nueces River Raw Water
Pump Station for preliminary, design, bid, and construction
administration services.
Sponsors: Water/Wastewater Treatment and Capital Programs
This Motion was passed.
Enactment No: M2014-102
17. 14-00817 Purchase consulting hours from Infor(US), Inc.for duration of
Infor Enterprise Resource Planning (ERP) project
Motion approving the purchase of additional consulting hours from
Infor(US), Inc., Alpharetta, GA, for a total expenditure of$349,400.
The acquisition of these consulting hours is available only from Infor
(US), Inc. Contingency funds from the Infor ERP Project will be used
for this purpose.
Sponsors: Municipal Information Systems
This Motion was passed.
Enactment No: M2014-103
18. 14-00785 Renewal of State and Federal external legislative consultant
contracts
Motion authorizing the City Manager to execute 26-month renewal
agreements for governmental relation services with Focused
Advocacy for state governmental relations services for$102,000 per
year plus reasonable expenses and with Meyers&Associates for
federal governmental relations services for$78,000 per year plus
reasonable expenses.
Sponsors: Intergovernmental Relations
This Motion was passed.
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Enactment No: M2014-104
19. 14-00755 Second Reading Ordinance -Accepting and appropriating State
grant for the 2015 Selective Traffic Enforcement Program (STEP)
(1st Reading 7/22/14)
Ordinance authorizing the City Manager or designee to execute all
documents necessary to accept a grant from the Texas Department of
Transportation (TXDOT) in the amount of$98,082.00 for the 2015
Comprehensive Selective Traffic Enforcement Project(STEP)within
the Police Department, for Driving While Intoxicated (DWI) and Speed
enforcement overtime, with a city match of$40,266.75, for a total
project cost of$138,348.75 and appropriating $98,082.00 in the No.
1061 Police Grants Fund.
Sponsors: Police Department
This Ordinance was passed on second reading.
Enactment No: 030236
20. 14-00741 Second Reading Ordinance -Amending City Code to modify the
peddler permit and unlawful solicitation sections of the code (1st
Reading 7/22/14)
Ordinance amending Chapter 38, Section 22 of the Corpus Christi
Code to modify the hours soliciting is allowed and to prohibit soliciting
at homes with no soliciting or trespass signs; amending Chapter 38,
Section 6 of the Corpus Christi Code to require proof of identification
and background checks for peddler, commercial solicitor and itinerant
merchant permittees and deny permits to applicants convicted of any
felony or of any offense involving moral turpitude; amending Chapter
38, Section 4 of the Corpus Christi Code to require the displaying of
permit; amending Chapter 38, Section 3 and Section 2 of the Corpus
Christi Code to exempt local youth organizations from permitting
process; amending Chapter 38, ARTICLE II. SOLICITATIONS FOR
CHARITABLE PURPOSES of the Corpus Christi Code in its entirety;
providing for severance; providing for publication; providing for
penalty; and providing an effective date.
Sponsors: Police Department and Development Services
This Ordinance was passed on second reading.
Enactment No: 030237
21. 14-00761 Second Reading Ordinance -Accepting and appropriating
additional funding for the Women, Infants and Children (WIC)
grant program (1st Reading 7/22/14)
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Ordinance authorizing the City Manager, or his designee, to execute
all documents necessary to accept and appropriate a grant
amendment in the amount of$141,003.00 from the Texas Department
of State Health Services in the Health Grants Fund No. 1066, to
provide funds for the Women, Infants, and Children (WIC) program;
and to ratify acceptance of this grant amendment to begin as of June
6, 2014.
Sponsors: Health Department
This Ordinance was passed on second reading.
Enactment No:030238
22. 14-00813 Second Reading Ordinance-Closing a portion of a utility
easement located west of the South Padre Island Drive(Park
Road 22)state right-of-way, and north of the Encantada Avenue
public right-of-way (1st Reading 7/22/14)
Ordinance abandoning and vacating a 1,361-square foot portion of an
existing utility easement out of a part of Lot 10A and Lot 12, Blk. 16,
Padre Island Number 1, located west of the South Padre Island Drive
(Park Road 22) state right-of-way, and north of the Encantada Avenue
public right-of-way; and requiring the owner, Island Foundation, Inc., to
comply with the specified conditions.
Sponsors: Development Services
Council Member McIntyre abstained from the vote on this item.This Ordinance
was passed on second reading.
Enactment No: 030239
23. 14-00812 Second Reading Ordinance -Closing a portion of a utility
easement located north of the Encantada Avenue public
right-of-way, and east of the Palmira Avenue public right-of-way
(1st Reading 7/22/14)
Ordinance abandoning and vacating a 2,130-square foot portion of a
10-foot wide utility easement out of a part of Lots 7B, 8B, 9B, 10A,
10B, and 12, BIk. 16, Padre Island Number 1, located north of the
Encantada Avenue public right-of-way, and east of the Palmira
Avenue public right-of-way; and requiring the owner, Island
Foundation, Inc., to comply with the specified conditions.
Sponsors: Development Services
Council Member McIntyre abstained from the vote on this item.This Ordinance
was passed on second reading.
Enactment No: 030240
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25. 14-00737 Second Reading Ordinance - Amending City Code for Utilities to
extend utility rates to coordinate with extended fiscal year (1st
Reading 7/22/14)
Ordinance amending the City Code of Ordinances, Chapter 55,
Utilities, to continue the current water, gas, and wastewater utility rates
adopted by Ordinance 029917 through September 30, 2014, to
coordinate with the extended fiscal year for FY 2013-2014, and
changing the annual wastewater winter averaging usage to apply to
wastewater service after August 31.
Sponsors: Office of Public Utilites,Water/Wastewater Treatment, Maintenance
of Lines and Gas Department
This Ordinance was passed on second reading.
Enactment No: 030242
26. 14-00781 Second Reading Ordinance -Amending the City code to convert
portions of streets as one way during school hours as indicated
by signs to relieve traffic congestion near Oak Park Elementary
(1st Reading 7/22/14)
Ordinance amending Section 53-250(b) of the Code of Ordinances to
designate all traffic shall move only in the direction indicated during
the school hours, indicated by signs, on Elmore Drive and Macleod
Drive.
Sponsors: Street Department and Capital Programs
This Ordinance was passed on second reading.
Enactment No: 030243
27. 14-00770 Second Reading Ordinance -Amending City Code for
Self-Insurance; Claims Settlement to reflect current practices and
modify authority to settle claims (1st Reading 7/22/14)
Ordinance amending Chapter 17, Section 17-18 Self-Insurance;
claims settlement, of the Corpus Christi Code of Ordinances in its
entirety; providing for severance; providing for publication; and
providing an effective date
Sponsors: Legal Department
This Ordinance was passed on second reading.
Enactment No: 030244
12. 14-00734 Amending interlocal agreement to include the Nueces Jim Wells
County Emergency Services District#5 as a participant in the
Radio Communications System
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Resolution authorizing the City Manager, or his designee, to execute
an amendment to the Radio Communications System Interlocal
Agreement between the City of Corpus Christi, the Regional
Transportation Authority and Nueces County to include the Nueces
Jim Wells County Emergency Services District#5 as a participant.
Sponsors: Police Department
Mayor Martinez referred to Item 12.Police Chief Floyd Simpson stated that the
purpose of this item is to execute an amendment to the Radio Communications
System Interlocal Agreement between the City,the Regional Transportation
Authority and Nueces County to include the Nueces Jim Wells County
Emergency Services District#5.Chief Simpson stated that an amendment is
required on the contract to paragraph 4,to remove Jim Wells from the
paragraph.Council Member Magill made a motion to amend,seconded by
Council Member McIntyre.This Resolution was passed and approved as
amended with the following vote:
Aye: 6- Mayor Martinez, Council Member Allen, Council Member Garza, Council
Member Magill, Council Member McIntyre and Council Member Riojas
Absent: 3- Council Member Leal, Council Member Loeb and Council Member Scott
Abstained: 0
Enactment No: 030234
24. 14-00783 Second Reading Ordinance - Engineering construction contract
for Navigation Boulevard from Up River Road to Leopard Street;
amendment no. 1 to an agreement for construction observation
services; construction materials testing contract(BOND 2012)(1st
Reading 7/22/14)
Ordinance amending the FY 2014 Capital Improvement Budget
adopted by Ordinance No. 029916 by adding capital reserves in the
amounts of$1,425,000 from Storm Water CIP Fund 3494, $65,650
from Water CIP Fund 4088, $60,847 from Gas CIP Fund 4551,
$1,661,514 from Wastewater CIP Fund 4249, transferring
$555,557.73 from Street Project 170371 Holly Road from Greenwood
to State Highway 286, $1,174,386.14 from Street Project E12102
Twigg from Shoreline to Broadway, $1,575,148.09 from Street Project
E12103 Leopard from Crosstown to Palm to the Bond 2012 Street
Project Navigation Boulevard from Up River Road to Leopard Street;
increasing expenditures in the amount of$3,213,011; authorizing the
City Manager or designee to execute a construction contract with
Reytec Construction Resources, Inc. from Houston, Texas in the
amount of$14,480,215 for Navigation Boulevard from Up River Road
to Leopard Street for the Base Bid and Additive Alternate#3, to
execute Amendment#1 to an Engineering Agreement with LNV, Inc.
of Corpus Christi, Texas in the amount of$269,818 for a restated fee
of$1,062,168, for Navigation Boulevard from Up River Road to
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Leopard Street for construction observation services, and to execute a
Construction Materials Testing Contract with Rock Engineering of
Corpus Christi, Texas in the amount of$62,044 for Navigation
Boulevard from Up River Road to Leopard Street. (Bond 2012)
Sponsors: Street Department and Capital Programs
Mayor Martinez referred to item 24.Darryl Haas stated that the City is
de-funding three(3)Bond 2012 projects in order to fund Navigation Boulevard
which include 84%of the Twigg Project,56%of the Leopard project,and 22%
of the Holly Road project.Mr.Haas said that if the City starts de-funding
projects,he is concerned with the creditibility of future bond programs if the
City does not complete the current bond program.Interim Executive Director of
Public Works Valerie Gray stated that the Council received a Bond 2012 update
on June 17th which listed all of the projects and the cost overruns that
occurred as the projects were being designed.Ms.Gray added that the total
amount of the projects was$10,669,000 and the increase in costs is due to
market conditions;the availability of materials and contractors.Ms.Gray
stated that staff reported during the update that they were working on a plan to
address these problems and that the Twigg,Leopard,and Holly projects would
be affected.Ms.Gray explained that the projects are not being defunding,just
delayed.This Ordinance was passed on second reading and approved with the
following vote:
Aye: 6- Mayor Martinez, Council Member Allen, Council Member Garza, Council
Member Magill, Council Member McIntyre and Council Member Riojas
Absent: 3- Council Member Leal, Council Member Loeb and Council Member Scott
Abstained: 0
Enactment No: 030241
M. PUBLIC HEARINGS: (ITEMS 28 -30)
28. 14-00752 Public Hearing for the FY 2014-2015 budget for the Corpus Christi
Crime Control and Prevention District
Public Hearing for the FY 2014-2015 budget for the Corpus Christi
Crime Control and Prevention District
Sponsors: Police Department
Mayor Martinez referred to Item 28.Police Administration Management
Services Director Pat Eldridge stated that the purpose of this item is to present
the FY2014-2015 Crime Control and Prevention District's budget and hold a
public hearing.Ms.Eldridge provided an overview of the budget including the
continued focus on core programs and long-term fiscal responsibility and
control;the assignment of 50 police officers;the total expenditures and
revenues;the ending fund balance;and timeline to adopt the budget.Council
Member McIntyre made a motion to open the public hearing,seconded by
Council Member Magill and passed.Abel Alonzo stated that the Crime Control
and Prevention District should take the lead and provide funding for the
prevention of drugs and gangs in the community.Council Member McIntyre
made a motion to close the public hearing,seconded by Council Member
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Magill and passed.
29. 14-00787 Public Hearing and First Reading Ordinance - Rezoning from the
"CG-2" General Commercial District to the"IL" Light Industrial
District,on property located at 8233 Leopard Street
Case No. 0714-01 Leopard Business Park, LLC: A change of zoning
from the "CG-2" General Commercial District to the"IL" Light
Industrial District, not resulting in a change to the Future Land Use
Plan. The property is described as Lot 1, Block B, Stillwell Addition,
located along the west side of Tuloso Road between Leopard Street
and Stillwell Lane.
Planning Commission and Staff Recommendation (July 2, 2014):
Approval of the change of zoning from the"CG-2" General
Commercial District to the "IL" Light Industrial District.
Ordinance:
Ordinance amending the Unified Development Code ("UDC"), upon
application by Leopard Business Park, LLC ("Owner"), by changing
the UDC Zoning Map in reference to Lot 1, Block B, Stillwell Addition,
from the "CG-2" General Commercial District to the"IL" Light Industrial
District; amending the Comprehensive Plan to account for any
deviations; and providing for a repealer clause and publication.
Sponsors: Development Services
Mayor Martinez referred to Item 29.Annika Gunning with Development
Services stated that the purpose of this item is to rezone the subject property
to allow for light industrial and commercial uses for the construction of a small
business park.Ms.Gunning stated that the Planning Commission and staff
were in favor of the zoning change.Council Member Garza made a motion to
open the public hearing,seconded by Council Member Riojas 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: 6- Mayor Martinez, Council Member Allen, Council Member Garza, Council
Member Magill, Council Member McIntyre and Council Member Riojas
Absent: 3- Council Member Leal, Council Member Loeb and Council Member Scott
Abstained: 0
30. 14-00802 Public Hearing and First Reading Ordinance -Rezoning for Barisi
Village to add a Planned Unit Development Overlay to the subject
property's existing zoning districts of"RS-6" Single-Family 6
District and "RS-10" Single-Family 10 District, on property located
at 7111 Pharaoh Drive.
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Case No. 0614-04 Blackard Global: A change of zoning to add a
Planned Unit Development Overlay to the subject property's existing
zoning districts of"RS-6" Single-Family 6 District and "RS-10"
Single-Family 10 District. The property to be rezoned is described as
being 57.75 acres comprised of a portion of Tract 1, The Pharaohs
Country Club and all of Block 3, Pharaoh Valley Northeast, located on
Ennis Joslin Road (Spur 3), Pharaoh Drive, and McArdle Road.
Planning Commission and Staff Recommendation (July 2, 2014):
Approval of the rezoning to add the Planned Unit Development
Overlay to the subject property's existing zoning districts of"RS-6"
Single-Family 6 District and "RS-10" Single-Family 10 District.
Ordinance:
Ordinance amending the Unified Development Code ("UDC"), upon
application by Blackard Global on behalf of Apex Golf Properties
Corporation ("Owner"), by changing the UDC Zoning Map in reference
to 57.75 acres comprised of a portion of Tract 1, The Pharaohs
Country Club and all of Block 3, Pharaoh Valley Northeast(the
"Property"), by adding a Planned Unit Development Overlay to the
Property's existing zoning of"RS-6" Single-Family 6 District and
"RS-10" Single-Family 10 District; amending the Comprehensive Plan
to account for any deviations; and providing for a repealer clause and
publication.
Sponsors: Development Services
Mayor Martinez referred to Item 30.Annika Gunning with Development
Services stated that the purpose of this item is to rezone the subject property
to allow for redevelopment of a portion of the closed Pharaoh Valley golf
course with a mixed-use,pedestrian-oriented development called"Barisi
Village".Ms.Gunning provided information on the key features of the Planned
Unit Development(PUD)ordinance;a site plan;and an exhibit representing the
height limitations and buffer.Ms.Gunning stated that the Planning
Commission and staff recommend approval of the zoning change.Ms.
Gunning added that the developer was required to conduct a Traffic Impact
Analysis and a give recommendations on how they would maintain the level of
service that exists in this area.Council Member McIntyre made a motion to
open the public hearing,seconded by Council Member Garza and passed.
Mayor Martinez called for comments from the public.Francis Garrigues spoke
in opposition to the zoning change and expressed concern regarding the
increased traffic.John White,Al Tsovic,and Chris Kuehn spoke in support of
the zoning change.Council Member McIntyre made a motion to close the
public hearing,seconded by Council Member Riojas and passed.Raymond
Chong,Traffic Engineer,responded to council members questions regarding
the traffic impact.City Secretary Huerta stated that Council Member Magill
submitted a conflict of interest form and is abstaining from the vote on this
item.This Ordinance was passed on first reading with the following vote:
Aye: 5- Mayor Martinez, Council Member Allen, Council Member Garza, Council
Member McIntyre and Council Member Riojas
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Absent: 3- Council Member Leal, Council Member Loeb and Council Member Scott
Abstained: 1 - Council Member Magill
H. EXECUTIVE SESSION: (ITEMS 2 -3)
Mayor Martinez deviated from the agenda and referred to the days executive
sessions.The Council went into executive session.
2. 14-00843 Executive session pursuant to Section 551.071 of the Texas
Government Code for consultaion with attorneys regarding fire
collective bargaining negotiations with possible discussion and action
in open session
This E-Session Item was discussed in executive session.
3. 14-00844 Executive session pursuant to Texas Government Code Section
551.071, Consultation with Attorney, and Section 551.087,
Deliberations regarding economic development negotiations with
possible discussion and action in open session.
This E-Session Item was discussed in executive session.City Secretary Huerta
stated that Council Member Magill recused himself from the discussion.
N. REGULAR AGENDA: (ITEMS 31 -32)
31. 14-00776 Second Reading Ordinance -Accepting and appropriating funds
for park improvements (1st Reading 7/22/14)
Ordinance authorizing the City Manager or designee to execute all
documents necessary to accept and appropriate $658,416.54 in
developer contributions and $220.93 in interest earnings for a sum of
$658,637.47 in the No. 4720 Community Enrichment Fund for park
improvements, and other related projects.
Sponsors: Parks and Recreation Department
Mayor Martinez referred to Item 31.Director of Parks and Recreation Michael
Morris stated that the purpose of this item is to appropriate Community
Enrichment Funds received from developer fees and interest earned.Mr.
Morris stated that that the correction has been made to appropriate funds from
Manhattan Estates to the Oso Bay Wetland Preserve.There were no comments
from the Council or the public. This Ordinance was passed on second reading
and approved with the following vote:
Aye: 5- Mayor Martinez, Council Member Allen, Council Member Garza, Council
Member Magill and Council Member McIntyre
Absent: 4- Council Member Leal, Council Member Loeb, Council Member Riojas and
Council Member Scott
Abstained: 0
Enactment No: 030245
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32. 14-00786 Second Reading Ordinance - Rezoning from the"RE" Residential
Estate District to the "RE/SP" Residential Estate District with a
Special Permit, on property located at 822 Graham Road
Case No. 0614-03 CCSemloh Partnership, Ltd.: A change of zoning
from the"RE" Residential Estate District to the "CG-2" General
Commercial District. The property to be rezoned is described as a
10.861-acre tract of land out of Lot 10, Section 48, Flour Bluff and
Encinal Farm and Garden Tracts, located along the south side of
Compton Road between the intersections with First National
Boulevard and Waldron Road.
Staff Recommendation (July 22, 2014):
Denial of the change of zoning from the"RE" Residential Estate
District to the "CG-2" General Commercial District and in lieu thereof,
approval of a Special Permit for a boat storage facility subject to a site
plan and nine conditions.
Planning Commission (June 18, 2014):
Approval of the change of zoning from the"RE" Residential Estate
District to the "CG-2" General Commercial District.
Ordinance passed on first reading:
Ordinance amending the Unified Development Code ("UDC"), upon
application by CCSemloh Partnership, Ltd. ("Owner"), by changing the
UDC Zoning Map in reference to a 10.861-acre tract of land out of Lot
10, Section 48, Flour Bluff and Encinal Farm and Garden Tracts, from
the "RE" Residential Estate District to the "RE/SP" Residential Estate
District with a Special Permit; amending the Comprehensive Plan to
account for any deviations; and providing for a repealer clause and
publication.
Sponsors: Development Services
Mayor Martinez referred to Item 32.Council Member McIntyre made a motion to
table Item 32,seconded by Council Member Garza.The Motion to table was
passed with the following vote:
Aye: 6- Mayor Martinez, Council Member Allen, Council Member Garza, Council
Member Magill, Council Member McIntyre and Council Member Riojas
Absent: 3- Council Member Leal, Council Member Loeb and Council Member Scott
Abstained: 0
O. FIRST READING ORDINANCES: (ITEMS 33 -35)
35. 14-00820 First Reading Ordinance -Ordering a Special Election to be held
on November 4, 2014
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Ordinance ordering a Special Election to be held on November 4,
2014, in the City of Corpus Christi, on the questions of authorizing
bond issuances of the City supported by ad valorem taxes and the
sale of city park land; providing for the procedures for holding such an
election; providing for notice of election and publication thereof;
providing for the establishment of branch early polling places;
designating polling place locations; authorizing a joint election with
Nueces County; enacting provisions incident and relating to the
subject and purpose of this ordinance.
Sponsors: City Secretary's Office
Mayor Martinez deviated from the agenda and referred to Item 35.City
Secretary Rebecca Huerta stated that the purpose of this item is to approve an
ordinance ordering a Special Election to be held on November 4,2014 to
consider the questions of two(2)Bond Propositions for street and
street-related improvements and one(1)Proposition for the sale of city park
land.Interim Executive Director of Public Works Valerie Gray stated the
following: Proposition No.1 is valued at$55 million,representing streets in the
greatest need of construction;Proposition No.2 is valued at$44.2 million,
consisting of street and street-related improvement projects that promote
economic development,economic revitalization,increase street capacity or
enhance street safety.Ms.Gray reported that staff made minor changes to
Proposition No.2 since the last discussion on July 15th which included
increasing No.20,Traffic Signals and Lighting Improvements from$5 million
to$6 million;and changing No.26 to North Padre Island Beach Access Roads.
Ms.Gray added that design contracts were issued in January 2014 from
Proposition No.1 to allow for projects to be shovel ready if they are approved
by the voters,thus minimizing the cost of overruns.Ms.Gray stated that the
Planning Commission reviewed and approved the list as presented on July 2,
2014.
Mayor Martinez called for comments from public.Darryl Haas spoke regarding
Bond 2012 program projects that have not been designed or completed;
concerns with the carry over of Bond 2012 costs and Bond 2014 costs should
both propositions pass;and stated that he was in opposition to Proposition
No.2.Abel Alonzo spoke regarding comments made during public comment
that were misleading in reference to Bond 2012 projects and thanked staff for
addressing those comments.Mr.Alonzo also spoke regarding the cost and
challenges associated with concrete versus asphalt.Dr.Sue Nelson,
Superintendent of Tuloso-Midway Independent School District,spoke in
support of Propositions 1 and 2 and requested consideration to include the
construction of two-tenths of a mile of Stonewall to McKenzie on Proposition 2
to assist with the increasing and future traffic in and around the elementary
school in that area.Dr.Nelson stated that the property is owned by three(3)
landowners and the school district is willing to work to see if the land owners
would consider volunteering easement rights and cost sharing.
Council Members spoke regarding the following topics:changing No.27,
Proposition 2, to read North Padre Island Park Beach Maintenance Facility;the
location of the Beach Maintenance facility;the use of new beach equipment on
North Padre Island;a future presentation on the timeframe of bidding,
construction,and completion for the Bond 2012 and potential Bond 2014;the
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matrix for the pavement condition index(PCI);costs associated with Stonewall
to McKenzie;whether Tuloso-Midway will be able to meet with property owners
and provide information before the second reading;developing an outreach
system with the school districts to continuously discuss when school districts
have bond projects and future development of schools; request that staff
develop a"catch up"plan to address Bond 2012;development of a recruiting
system to attract construction companies to the community;moving$1 million
for Park Road 22 traffic signal and lighting to TXDOT participation;clarifying
Beach Access Roads as 3A and 2;and removing language from Proposition 2
that states that if the City Council removes a projects,it does not replace it
with another project and instead,earmarking those funds for ADA
improvements,residential traffic management or sidewalks.
Council Member Allen made a motion directing the City Manager to further
examine the costs for consideration to add Stonewall Street to Proposition 2,
seconded by Mayor Martinez and passed unanimously.
Council Member McIntyre made a motion to amend the ordinance by
re-wording the preface of the ordinance by moving the language"the sale of
park land"prior to"bond issuance of the City supported by ad valorem taxes";
seconded by Council Member Allen and passed unanimously.
Council Member McIntyre made a motion to amend the ordinance to move$1
million from Traffic Signal and Lighting Improvements to TXDOT Participation;
seconded by Council Member Magill and passed unanimously.
Council Member McIntyre made a motion to amend the ordinance to revise the
North Padre Beach Access Roads to include 3A and 2;seconded by Council
Member Magill and passed unanimously.
Mayor Martinez referred to the discussion on Proposition 3.Director of Parks
and Recreation Michael Morris stated that Proposition 3 has been revised
since the public hearing on June 24th from 24 parks to 20 parks.Mr.Morris
reported that the following parks were adopted by their neighborhood and
removed from the original list:Lee Manor Park,Brandywine Park,Holly Park
and Lexington Park.Mr.Morris referred to a petition that was received to save
Ridgewood Park and said he has been in contact with an individual
representing the saving of Ridgewood Park and has previously provided him
with the"adopt a park"information.Mr.Morris stated that Nueces County has
requested a formal agreement to maintain First Colony Park and staff is
requesting to remove First Colony Park from the list.
Council Member McIntyre made a motion to remove First Colony Park from the
list as it is to be maintained and operated by Nueces County,pending an
interlocal agreement;seconded by Council Member Allen and passed
unanimously.
Council Members asked questions regarding the petition for Ridgewood Park;
requiring a notification process to property owners prior to the repurposing or
sale of park land to allow property owners to participate in the process;
whether Caribbean Park can be developed;and a request to receive a map and
list of currently adopted parks.There was a general consenus of the Council to
have staff draft a resolution developing a notification process to property
owners prior to the repurposing or sale of park land.
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Council Member McIntyre made a motion to amend the ordinance to change
No.27,Proposition 2 to read"North Padre Island Park Beach Maintenance
Facility;seconded by Council Member Magill and passed unanimously.This
Ordinance was passed on first reading as amended and approved with the
following vote:
Aye: 6- Mayor Martinez, Council Member Allen, Council Member Garza, Council
Member Magill, Council Member McIntyre and Council Member Riojas
Absent: 3- Council Member Leal, Council Member Loeb and Council Member Scott
Abstained: 0
33. 14-00765 First Reading Ordinance - Appropriating Federal funds for
equipment purchases through the U.S. Immigration and Customs
Enforcement(ICE) FY 2014 Joint Operations Program Funding
Ordinance appropriating $12,000.00 in General Fund No. 1020 from
the U.S. Immigration and Customs Enforcement FY2014 Joint
Operations Program Funding program for the purchase of Police
equipment; and changing the FY 2013-2014 Operating Budget
adopted by Ordinance No. 029915 by increasing revenue and
expenditures in the General Fund No. 1020 by$12,000.00 each.
Sponsors: Police Department
Mayor Martinez referred to Item 33.Police Management Services Director Pat
Eldridge stated that the purpose of this item is to appropriate$12,000 from the
U.S.Immigration and Customs Enforcement Joint Operations Funding
Program for the purchase of police equipment.There were no comments from
the Council or the public.This Ordinance was passed on first reading and
approved with the following vote:
Aye: 5- Mayor Martinez, Council Member Allen, Council Member Loeb, Council
Member Magill and Council Member Riojas
Absent: 4- Council Member Garza, Council Member Leal, Council Member McIntyre
and Council Member Scott
Abstained: 0
34. 14-00821 First Reading Ordinance -Ordering a General Election to be held
on November 4, 2014
Ordinance ordering a general election to be held on November 4,
2014, in the City of Corpus Christi for the election of mayor and eight
council members; providing for procedures for holding such election;
providing for notice of election and publication thereof; providing for
establishment of branch early polling places; designating polling place
locations; authorizing a joint election with Nueces County, and a runoff
election, if one is necessary; and enacting provisions incident and
relating to the subject and purpose of this ordinance.
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Sponsors: City Secretary's Office
Mayor Martinez referred to Item 34.City Secretary Rebecca Huerta stated that
the purpose of this item is ordering the General Election to be held on
November 4,2014 for the election of mayor and eight council members.There
were no comments from the Council or the public.This Ordinance was passed
on first reading and approved with the following vote:
Aye: 5- Mayor Martinez, Council Member Allen, Council Member Garza, Council
Member Magill and Council Member Riojas
Absent: 4- Council Member Leal, Council Member Loeb, Council Member McIntyre
and Council Member Scott
Abstained: 0
P. FUTURE AGENDA ITEMS: (ITEMS 36 -38)
Mayor Martinez referred to Future Agenda Items.City Manager Ron Olson
stated that staff has planned presentations on Items 37 and 38.
36. 14-00848 Authorizing submission of a grant application for Hazardous
Materials Emergency Preparedness (HMEP) planning
Resolution authorizing the City Manager, or designee, to submit a
grant application in the amount of$34,593.22 to the Texas
Department of Public Safety, Governor's Division of Emergency
Management, for FY 2015 Hazardous Materials Emergency
Preparedness (HMEP) grant program, phase II & Ill, to conduct a
detailed hazardous materials vulnerability assessment to increase
effectiveness in safety and efficiently handling hazardous materials
accidents and incidents and to further enhance implementation of the
Emergency Planning and Community Right-to Know Act of 1986, with
a hard match of$6,918.64; and authorizing the City Manager, or
designee, to apply for, accept, reject, alter or terminate the grant.
Sponsors: Fire Department
This Resolution was recommended to consent agenda.
37. 14-00796 Service agreement for upgrade to Fleet Management Information
System (FMIS)
Motion approving a professional service agreement with Mercury
Associates, Inc., Gaithersburg, Maryland to upgrade the Fleet
Management Information System (FMIS) in accordance with the State
of Texas Cooperative Purchasing Program for a total expenditure of
$298,600.76. Funds have been budgeted by the Fleet Maintenance
Services in FY 2013- 2014.
Sponsors: Purchasing Division and Fleet Maintenance Services
This Motion was recommended to the consent agenda.
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38. 14-00842 Recommending the 84th Texas Legislature appropriate funding
for the FY16-17 biennium to partner with local sponsors to
implement one or more seawater desalination projects
Resolution recommending the 84th Texas Legislature appropriate
adequate funding for the Fiscal Years 2016-2017 biennium for the
State of Texas to partner with local project sponsors to implement one
or more seawater desalination projects to provide uninterruptible water
supply and have corresponding positive impacts for water supplies in
adjacent regions which will strengthen Texas' economy and sustain
economic prosperity.
Sponsors: Intergovernmental Relations
This Resolution was recommended to the consent agenda.
Q. BRIEFINGS TO CITY COUNCIL: (NONE)
R. ADJOURNMENT
The meeting was adjourned at 4:25 p.m.
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