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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 October 28, 2014 which were approved by the City
Council on November 11, 2014.
WITNESSETH MY HAND AND SEAL, on this the 11th day of November, 2014.
Rebecca Huerta
City Secretary
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Corpus Christi Corpus Christi,Tx 78401
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Meeting Minutes
City Council
Tuesday,October 28,2014 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 David Bendett, Rock City Church.
Pastor Ryan Jones gave the invocation.
C. Pledge of Allegiance to the Flag of the United States to be led by Liza Wisner,
Learning and Development Manager.
Learning and Development Manager Liza Wisner 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:
City Manager Ron Olson,City Attorney Miles K.Risley,and City Secretary
Rebecca Huerta.
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 October 15, 2014 as, "Del Mar College
Mexican-American Studies Program Day"
Proclamation declaring October 28, 2014 as, "Windsor Park
Elementary School Day"
Proclamation declaring November 1, 2014 as, "7th Annual Coastal
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Bend Walk for Memory"
Proclamation declaring November 3-9, 2014 as, "National HOSA
Week"
Proclamation declaring November 3-10, 2014 as, "The 239th United
States Marine Corps Week"
Mayor Martinez presented the proclamations.
G. CITY MANAGER'S COMMENTS/UPDATE ON CITY OPERATIONS:
Mayor Martinez deviated from the agenda and referred to City Manager's
Comments.
a. Plan CC -Annika Gunning, Sr. Project Planner, Development Services
City Manager Olson asked Project Manager Annika Gunning to provide an
update on the Plan CC Comprehensive Plan 2035 efforts.The update included
materials available for public review regarding the vision and principles of the
plan and a list of public open house meetings beginning from 4:00 p.m.-7:00
p.m.at the following locations:
November 10,2014-Lindale Recreation Center and Janet F.Harte Public
Library
November 11,2014-Owen R.Hopkins Public Library and Dr.Clotilde P.Garcia
Public Library
November 12,2014-Radisson North Beach and Ben F.McDonald Public
Library
November 13,2014-Oveal Williams Senior Center and Garden Senior Center
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.Craig Pierce stated that
the newly annexed Southside FM 2444 area should be entitled to city services
and spoke regarding the increased cost of those services.Mr.Pierce said the
annexation resolution regarding the funding of utility improvements was
passed illegally in violation the Open Meetings Act.Mr.Pierce stated that
Neighborhoods First! is requesting that the City Attorney provide a written
opinion on whether this resolution met the requirements of the Open Meetings
Act and if it does not meet the requirements,the adoption of the resolution
should be voided.Council Member Loeb stated that he made a motion to place
the funding resolution on a future agenda and City Attorney Risley confirmed
that the resolution was properly posted.In response to Council Member Loeb,
City Manager Olson stated that the cost of services plan is available on the
City's website and reflects the estimated costs for the service plan extension
for Phase I in the amount of$13 million and an estimated tax revenue in the
amount of$20 million.Council Member Loeb clarified that based on estimated
revenues being higher than the cost for the service plan,taxpayers will not
have additional costs.Jimmy Dodson asked the council to reconsider the
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Southside FM 2444 annexation and requested the development of master plans
before annexing additional areas.John Kelley stated that the resolution
regarding the annexation specifies that the funding will go to the infrastructure
fund and will not go to pay for city services.Mr.Kelley added that those
services will be paid for out of the general fund and the public was not
informed about the increased cost.Mr.Kelley also stated that the information
was not provided in compliance with the Open Meetings Act.Council Member
Loeb reiterated that$13.3 million is the cost of the service plan and asked if
this amount includes all city services.City Manager Olson stated that the
primary cost of$13.3 million is for infrastructure and the basic service plan
that is initiated assumes that city services will be extended to the new service
areas from existing locations.Mr.Olson added that as the population in that
area grows,the service plan will need to be changed.Susie Luna Saldana
stated that the Council is making assumptions and adding tax burdens on the
people and spoke regarding Fire Station No.18 not being built.Abel Alonzo
stated that he was glad that Council Member Loeb responded to clarify the
allegations made regarding the annexation and said that Fire Station No.18 will
be built when it is needed.Butch Escobedo spoke regarding the City
addressing existing infrastructure instead of burdening the taxpayers with
additional taxes.
G. CITY MANAGER'S COMMENTS/UPDATE ON CITY OPERATIONS:
Mayor Martinez returned to City Manager's Comments.
b. Other
City Manager Olson reported that the City recently took ownership of the
Montgomery Ward building and is in the process of requesting proposals for
the development of the building before November 10th to promote the
redevelopment of downtown.
MINUTES:
3. Regular Meeting of October 21, 2014
Mayor Martinez referred to approval of the minutes.Council Member McIntyre
made a motion to approve the minutes,seconded by Council Member Allen
and passed unanimously.
J. BOARD & COMMITTEE APPOINTMENTS: (NONE)
K. EXPLANATION OF COUNCIL ACTION:
L. CONSENT AGENDA: (ITEMS 4-7)
Approval of the Consent Agenda
Mayor Martinez referred to the Consent Agenda.There were no comments from
the Council or the public.The consent agenda items were approved by one
vote as follows:
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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
4. Second Reading Ordinance-Appropriating funds to refund
wastewater lot/acreage fees paid for property located on the north
side of Graham Road between Flour Bluff Road and Waldron
Road (1st Reading 10/21/14)(Requires 213 vote)
Ordinance appropriating $3,956.06 from the No. 4220 Wastewater
Trunk System Trust Fund to refund Pedro S. Bazan and Sarangelica
Bazan the wastewater lot/acreage fee paid since wastewater services
are not available nor will it be available within the next 5 years as
related to Oak Terrace Unit 2, Block 4, Lot 9A.
This Ordinance was passed on second reading on the Consent Agenda.
Enactment No:030321
5. Second Reading Ordinance -Approving a waterline
reimbursement agreement and appropriating funds for property
located along the south side of Saratoga Boulevard (SH 357), east
of Airline Road, and west of Rodd Field Road (1st Reading
10/21/14) (Requires 2/3 vote)
Ordinance authorizing execution of a distribution main extension
construction and reimbursement agreement("Agreement")with The
Icon at Corpus Christi, Limited Partnership, ("Developer"), for the
construction of a distribution waterline and appropriating $60,193.60
from the No. 4030 Water Distribution 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: 030322
6. Second Reading Ordinance-Approving a participation agreement
for the City's share of the cost to extend North Oso Parkway (1st
Reading 10121/14) (Requires 2/3 vote)
Ordinance authorizing the City Manager to execute a developer
participation agreement with Palm Land Investment, Inc.,
("Developer"), to reimburse the Developer up to$277,894.42 for the
City's share of the cost to extend North Oso Parkway, in accordance
with the Unified Development Code.
This Ordinance was passed on second reading on the Consent Agenda.
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Enactment No: 030323
7. Second Reading Ordinance-Appropriating Federal grant to
rehabilitate and construct taxiways at the airport(1st Reading
10/21/14)(Requires 2/3 vote)
Ordinance appropriating $5,000,000 from the Federal Aviation
Administration Grant No. 3-48-0051-052-2014 in the No. 3020 Airport
Capital Improvement Fund to rehabilitate Taxiways D, E, F, and G and
construct Taxiways H and J at Corpus Christi International Airport;
changing the FY 2014-2015 capital budget adopted by Ordinance No.
030303 by increasing revenues and expenditures by$5,000,000 each.
This Ordinance was passed on second reading on the Consent Agenda.
Enactment No:030324
M. PUBLIC HEARINGS: (NONE)
N. REGULAR AGENDA: (ITEM 8 -9)
8. Approving the Street Preventative Maintenance Program (SPMP)
Year Two-Annual Work Plan
Resolution approving the concepts, direction, and general work plan
for the second year of the Street Preventative Maintenance Program
(SPMP)--the 2015 SPMP Work Plan.
Mayor Martinez referred to Item 8.Interim Executive Director of Public Works
Valerie Gray stated that the purpose of this item is to approve a resolution in
support of the Street Preventative Maintenance Program(SPMP)for Year Two
which will include maintenance intended to extend street life.Ms.Gray said the
work will be done on residential,collector and arterial streets citywide. In
response to Council Member Loeb,Ms.Gray stated that the work plan is
estimated at$13.8 million in street work.Council Member Loeb commented
that several citizens made comments that the City Council has not been
spending money on infrastructure and this item reflects that the Council will
spend$13.8 million on streets.Mr.Loeb added that if those individuals were so
concerned about the infrastructure,they would have stayed in the room to hear
this item on the agenda.Mayor Martinez called for comments from the public.
Susie Luna Saldana said these improvements to the infrastructure are long
overdue and it's not enough.Abel Alonzo asked questions regarding the
overlay program's compliance with ADA.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
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Enactment No:030325
9. Approving the FY2014-2015 HOME Program set-aside funds
Motion to approve the FY2014-2015 HOME Program set-aside funds.
Mayor Martinez referred to Item 9.Director of Housing and Community
Development Eddie Ortega stated that the purpose of this item is to approve
the FY2014-2015 HOME Program set-aside funds for two projects which have
received Texas Department of Housing and Community Affairs Housing Tax
Credits in the amount of$1,818,000.There were no comments from the Council
or the public.This Motion was passed 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 Riojas
Absent: 1 - Council Member Leal
Abstained: 1 - Council Member Scott
Enactment No: M2014-144
H. EXECUTIVE SESSION: (ITEM 2)
Mayor Martinez deviated from the agenda and referred to the day's executive
session.The Council went into executive session.
2. 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.
This item was discussed in executive session.
O. RECESS FOR CORPORATION MEETING: (ITEM 10)
10. Board of Director's Meeting of the Corpus Christi Community
Improvement Corporation
Board of Director's Meeting of the Corpus Christi Community
Improvement Corporation
Mayor Martinez recessed the regular Council meeting to hold a meeting of the
Corpus Christi Community Improvement Corporation.
P. RECONVENE COUNCIL MEETING
Mayor Martinez reconvened the regular Council meeting.
Q. FIRST READING ORDINANCES: (ITEMS 11)
11. First Reading Ordinance -Accepting and appropriating donation
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for the purchase of police equipment(Requires 2/3 vote)
Ordinance authorizing the City Manager or designee to accept a
donation from Exxon Mobil Corporation in the amount of$2,000.00 to
be used for the purchase of police equipment; and appropriating
$2,000.00 from Exxon Mobil Corporation into the General Fund No.
1020 to purchase police equipment and changing the FY 2014-2015
Operating Budget adopted by Ordinance No. 030294 by increasing
revenue and expenditures in the General Fund No. 1020 by$2,000.00
each.
Mayor Martinez referred to Item 11.Police Chief Floyd Simpson stated that the
purpose of this item is to accept a donation from Exxon Mobil Corporation in
the amount of$2,000 to be used to purchase 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: 7- Mayor Martinez, Council Member Allen, Council Member Garza, Council
Member Loeb, Council Member Magill,Council Member McIntyre and
Council Member Riojas
Absent: 2- Council Member Leal and Council Member Scott
Abstained: 0
R. FUTURE AGENDA ITEMS: (ITEMS 12-16)
Mayor Martinez referred to the Future Agenda.City Manager Ron Olson stated
that staff did not have any planned presentations.
12. Approving an engineering construction contract for the Oso
Water Reclamation Plant clarifier no. 5 trough replacement and
chlorine contact chamber repairs (Requires 2/3 vote)
Motion authorizing the City Manager or designee to execute a
construction contract with CSA Construction, Inc. of Houston, Texas in
the amount of$444,800 for the Oso Water Reclamation Plant Clarifier
No. 5 Trough Replacement& Chlorine Contact Chamber Repairs for
the base bid plus additive alternative No. 1 and 2.
This Motion was recommended to the consent agenda.
13. Approving Contribution-In-Aid-Of-Construction agreement for
Oso Bay Area Development, Phase 2 (Bond 2008) (Requires 2/3
vote)
Motion authorizing the City Manager, or his designee, to execute a
Contribution-In-Aid-Of-Construction Agreement with American Electric
Power(AEP) in the amount of$65,900.18 for electric distribution
service for the Oso Bay Area Park Development Project, Phase 2 and
execute an Easement and Right of Way instrument to AEP containing
225 square feet out of Lot 1, Block 1, Oso Bay Park, necessary for the
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installation and connection of an electrical service transformer for this
project.
This Motion was recommended to the consent agenda.
14. Approving amendment no. 1 to an engineering design contract for
the Citywide Street Preventative Maintenance Program Year 2
(Requires 2/3 vote)
Motion authorizing the City Manager, or designee, to execute
Amendment No. 1 with Coym, Rehmet&Gutierrez Engineering, L.P.
of Corpus Christi, Texas in the amount of$749,530.00 for the Citywide
Street Preventative Maintenance Program (SPMP)Year 2 project.
This Motion was recommended to the consent agenda.
15. Approving a work plan and budget agreement with the Nueces
River Authority (Requires 2/3 vote)
Motion authorizing the City Manager or designee to execute a work
plan and budget agreement with the Nueces River Authority in the
amount of$99,996 to provide water planning, protection, development,
and data management services to the City for FY 2015.
This Motion was recommended to the consent agenda.
16. Authorizing and adoption of Restated and Amended Articles of
Incorporation for the Corpus Christi Business and Job
Development Corporation (CCBJDC) (Requires 2/3vote)
Resolution finding that it is advisable that the Corpus Christi Business
and Job Development Corporation Articles of Incorporation be restated
and amended; authorizing adoption of the restated and amended
articles; approving the form of the restated and amended Articles.
This Resolution was recommended to the consent agenda.
S. BRIEFINGS TO CITY COUNCIL: (NONE)
T. LEGISLATIVE UPDATE:
None.
U. ADJOURNMENT
The meeting was adjourned at 2:01 p.m.
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