HomeMy WebLinkAboutMinutes City Council - 11/11/2014 4yUS Cgs,
G� `dip
Oa
" I.
1852`
I HEREBY CERTIFY that the foregoing is a true and correct copy of the minutes of the Regular
Meeting of the Corpus Christi City Council of November 11, 2014 which were approved by the City
Council on November 18, 2014.
WITNESSETH MY HAND AND SEAL, on this the 18th day of November, 2014.
Rebecca Huerta
City Secretary
SEAL
INDEXED
-----7
1201 Leopard Street
s';"�`---- '� Corpus Christi corpscnnsti,Tx78ao1
cctexas.com
,
4i
4Meeting Minutes
City Council
Tuesday,November 11,2014 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 David Bendett gave the invocation.
C. Pledge of Allegiance to the Flag of the United States to be led by Mark Van
Vleck, Executive Director-Utilities.
Executive Director of Utilities Mark Van Vleck 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 I Commendations
1. Proclamation declaring November 11, 2014 as, "CITGO's Coastal
Bend Restoration Project for Nueces Delta and Oso Bay Day"
Mayor Martinez presented the proclamations.
Corpus Christi Page 1 Printed on 11/13/2014
City Council Meeting Minutes November 11,2014
G. CITY MANAGER'S COMMENTS/UPDATE ON CITY OPERATIONS:
Mayor Martinez deviated from the agenda and referred to City Manager's
Comments.City Manager Olson stated that he had nothing to report.
a. Other
None.
I. MINUTES:
6. Regular Meeting of October 28, 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 Allen and passed unanimously.
J. BOARD & COMMITTEE APPOINTMENTS: (NONE)
K. EXPLANATION OF COUNCIL ACTION:
L. CONSENT AGENDA: (ITEMS 7 -12)
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:
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
7. 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 passed on the Consent Agenda.
Enactment No: M2014-145
Corpus Christi Page 2 Printed on 11/13/2014
City Council Meeting Minutes November 11,2014
8. 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
installation and connection of an electrical service transformer for this
project.
This Motion was passed on the Consent Agenda.
Enactment No: M2014-146
9. 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 passed on the Consent Agenda.
Enactment No: M2014-147
10. 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 passed on the Consent Agenda.
Enactment No: M2014-148
11. 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.
Corpus Christi Page 3 Printed on 11/13/2014
City Council Meeting Minutes November 11,2014
This Resolution was passed on the Consent Agenda.
Enactment No: 030326
12. Second Reading Ordinance -Accepting and appropriating
donation for the purchase of police equipment(1st Reading
10/28/14) (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.
This Ordinance was passed on second reading on the Consent Agenda.
Enactment No:030327
M. PUBLIC HEARINGS: (ITEMS 13 - 15)
13. Public Hearing and First Reading Ordinance -Rezoning from
"RS-5" Single-Family to"RS-4.5" Single-Family at 8001 Holly
Road (Requires 2/3 vote)
Case No. 0914-02 The George B. Gaines, Jr. Family Limited
Partnership, Ltd.: A change of zoning from the"RS-6" Single-Family 6
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 28.461-acre tract of land out of Lots 1 and 2, Section 32, Flour
Bluff and Encinal Farm and Garden Tracts, located along the south
side of Holly Road west of Paul Jones Avenue.
Planning Commission and Staff Recommendation (September 24,
2014): Approval of the change of zoning from the "RS-6"
Single-Family 6 District to the"RS-4.5" Single-Family 4.5 District.
Ordinance:
Ordinance amending the Unified Development Code ("UDC"), upon
application by The George B. Gaines, Jr. Family Limited Partnership,
Ltd. ("Owners"), by changing the UDC Zoning Map in reference to a
28.461-acre tract of land out of Lots 1 and 2, Section 32, Flour Bluff
and Encinal Farm and Garden Tracts; amending the Comprehensive
Plan to account for any deviations; and providing for a repealer clause
and publication.
Mayor Martinez referred to Item 13.Interim Assistant Director of Development
Corpus Christi Page 4 Printed on 11/13/2014
City Council Meeting Minutes November 11,2014
Services Julio Dimas stated that the purpose of this item is to rezone the
subject property to allow for the development of 173 single-family lots.Mr.
Dimas stated that the Planning Commission and staff are in favor of the zoning
change.Council Member Garza made a motion to open the public hearing,
seconded by Council Member Magill and passed.Mayor Martinez called for
comments from public.Luis A.Rodriguez spoke in opposition to the zoning
change.Council Member McIntyre made a motion to close the public hearing,
seconded by Council Member Garza 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
14. Public Hearing and First Reading Ordinance -Rezoning from
Neighborhood Commercial to General Commercial at 6197
Dunbarton Oak Drive(Requires 2/3 vote)
Case No. 0914-01 Patrick H. Nolan and Amy L. Nolan: A change of
zoning from the "CN-1" Neighborhood Commercial District to "CG-2"
General Commercial District, not resulting in a change to the Future
Land Use Plan. The property is described as being a 1.34 acre portion
of Lot 1, Block 3, Cimarron Center, located on the southwest corner of
Dunbarton Oak Drive and Cimarron Boulevard.
Planning Commission and Staff Recommendation (September 24,
2014):
Denial of the"CG-2" General Commercial District and, in lieu thereof,
approval of a Special Permit subject to a site plan and conditions.
Ordinance:
Ordinance amending the Unified Development Code ("UDC"), upon
application by Patrick H. Nolan and Amy L. Nolan ("Owners"), by
changing the UDC Zoning Map in reference to a 1.34 acre portion of
Lot 1, Block 3, Cimarron Center, from the "CN-1" Neighborhood
Commercial District to the "CN-1/SP" Neighborhood Commercial
District with a Special Permit; amending the Comprehensive Plan to
account for any deviations; and providing for a repealer clause and
publication.
Mayor Martinez referred to Item 14.Interim Assistant Director of Development
Services Julio Dimas stated that the purpose of this item is to rezone the
subject property to allow for continued development of additional self-storage
units.Mr.Dimas stated that the Planning Commission and staff recommends
denial of the"CG-2"General Commercial District and,in lieu thereof,approval
of a Special Permit subject to a site plan and 10 conditions.Council Member
Garza made a motion to open the public hearing,seconded by Council Member
McIntyre and passed.There were no comments from the Council or the public.
Corpus Christi Page 5 Printed on 11/13/2014
City Council Meeting Minutes November 11,2014
Council Member McIntyre made a motion to close the public hearing,seconded
by Council Member Garza.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
15. Public Hearing and First Reading Ordinance -Closing a portion of
Bockholt Road between the Old State Highway 44 and the New
State Highway 44 rights-of-way (Requires 2/3 vote)
Ordinance abandoning and vacating an undeveloped and unsurfaced
21,690 square-foot portion of the Bockholt Road public street
right-of-way, out of GC&SF RR CO Survey, Abstract No. 1005, Nueces
County, Texas, being a portion of those certain tracts of land described
as Tract Two and Tract Three, located between the Old State Highway
44 right-of-way and the New State Highway 44 right-of-way; and
requiring the owner, George Picha, to comply with the specified
conditions.
Mayor Martinez referred to Item 15.Director of Development Services Dan
Grimsbo stated that the purpose of this item is to abandon and vacate a
portion of Bockholt Road due to the fact that this unimproved portion of public
street right-of-way leads to a dead end and serves no purpose for future use.
Council Member Magill made a motion to open the public hearing,seconded by
Council Member Garza.There were no comments from the Council or the
public.Council Member McIntyre made a motion to close the public hearing,
seconded by Council Member Garza.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
N. REGULAR AGENDA: (NONE)
O. FIRST READING ORDINANCES: (ITEMS 16 -18)
16. First Reading Ordinance-Accepting and appropriating the
Violence Against Women (VAWA)grant within the Police
Department for Year 15(Requires 2/3 vote)
Ordinance authorizing the City Manager or designee to execute all
documents necessary to accept a grant from the State of Texas,
Corpus Christi Page 6 Printed on 11/13/2014
City Council Meeting Minutes November 11,2014
Criminal Justice Division in the amount of$44,356.71 for Year 15 of
the Violence Against Women (VAWA) Program within the Police
Department with a City match of$20,280.21 and an in-kind match of
$5,520 from the No. 1020 Police General Fund; appropriating the
$44,356.71 in the No. 1061 Police Grants Fund for the VAWA grant in
the Police Department; and authorizing the transfer of$20,280.21
from the No. 1020 General Fund to the No. 1061 Police Grants Fund
and appropriating the same for a total project cost of $70,156.92.
Mayor Martinez referred to Item 16.Police Chief Floyd Simpson stated that the
purpose of this item is to accept and appropriate a grant from the State of
Texas for Year 15 of the Violence Against Women(VAWA)Program in the
amount of$44,356.71.A council member requested that the Police Department
provide information on the ability to assist Nueces County with their domestic
violence endeavors.There were no comments from 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
17. First Reading Ordinance-Accepting and appropriating the
Victims of Crime Act(VOCA) Outreach Program grant within the
Police Department for Year 2 (Requires 2/3 vote)
Ordinance authorizing the City Manager or designee to execute all
documents necessary to accept a grant from the State of Texas,
Criminal Justice Division in the amount of$68,163.15 for Year 2 of the
Victims of Crime Act(VOCA) Outreach Program within the Police
Department with a City match of$13,840.79 and an in-kind match of
$3,200.00 from the No. 1020 Police General Fund; Appropriating the
$68,163.15 in the No. 1061 Police Grants Fund for the VOCA
Outreach grant in the Police Department; and authorizing the transfer
of$13,840.79 from the No. 1020 General Fund to the No. 1061 Police
Grants Fund and appropriating the same for a total project cost of
$85,203.94.
Mayor Martinez referred to Item 17.Police Chief Floyd Simpson stated that the
purpose of this item is to accept and appropriate a grant for the Victims
Against Crime Act(VOCA)for Year 2 in the amount of$68,163.15.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
Corpus Christi Page 7 Printed on 11/13/2014
City Council Meeting Minutes November 11,2014
18. First Reading Ordinance-Accepting and appropriating the
Victims of Crime Act(VOCA) grant within the Police Department
for Year 15 (Requires 2/3 vote)
Ordinance authorizing the City Manager or designee to execute all
documents necessary to accept a grant from the State of Texas,
Criminal Justice Division in the amount of$77,084.05 to continue the
Victims of Crime Act(VOCA) Grant within the Police Department for
Year 15 with a City match of$20,271.01 and an in-kind match of
$4,000 from the No. 1020 Police General Fund; appropriating the
$77,084.05 in the No. 1061 Police Grants Fund to continue the VOCA
grant in the Police Department; and authorizing the transfer of
$20,271.01 from the No. 1020 General Fund to the No. 1061 Police
Grants Fund and appropriating the same as grant matching funds for a
total project cost of $101,355.06.
Mayor Martinez referred to Item 18.Police Chief Floyd Simpson stated that the
purpose of this item is to accept and appropriate the Victims of Crime Act
(VOCA)grant within the Police Department for Year 15 in the amount of
$77,084.05.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
F. PUBLIC COMMENT FROM THE AUDIENCE ON MATTERS NOT SCHEDULED ON
THE AGENDA WILL BE HEARD AT APPROXIMATELY 12:00 P.M. PLEASE LIMIT
PRESENTATIONS TO THREE MINUTES.A recording is made of the meeting;
therefore, please speak into the microphone located at the podium and state
your name and address. If you have a petition or other information pertaining to
your subject, please present it to the City Secretary.
Mayor Martinez deviated from the agenda and referred to comments from the
public.Bill King spoke regarding the implications of homelessness and studies
revealing that it costs less to provide the homeless with housing than to leave
them on the streets.Brian Watson expressed concerns with allowing water to
be transferred overseas.Susie Luna Saldana congratulated the incumbents of
the election and asked the Council to remember the voice of the people and to
make decisions on the people's behalf.Lonnie Lenningham spoke regarding
traffic in the community and consideration for a future freeway system south of
the Oso to handle future growth.Mr.Lenningham also expressed concern
regarding the use of funds for the recently approved bond projects.
H. EXECUTIVE SESSION: (ITEMS 2 -5)
Mayor Martinez deviated from the agenda and referred to the day's executive
sessions.The Council went into executive session.City Secretary Huerta
Corpus Christi Page 8 Printed on 11/13/2014
City Council Meeting Minutes November 11,2014
stated that Council Member Mark Scott recused himself from the discussion on
Item 4.
2. Executive session pursuant to Texas Government Code § 551.071 for
consultation with attorneys regarding pending or contemplated
litigation involving the City, including City of Corpus Christi v. MPM
Homes, Inc., with possible discussion and/or action in open session.
This E-Session Item was discussed in executive session.
3. 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 E-Session Item was discussed in executive session.
4. Executive session pursuant to Texas Government Code § 551.071 for
consultation with attorneys regarding legal issues concerning the
interpretation of economic development contract(s) involving tourism
oriented development, and pursuant to Texas Government Code §
551.087 to discuss or deliberate regarding commercial or financial
information that the governmental body has received from a business
prospect that the governmental body seeks to have locate, stay, or
expand in or near the territory of the governmental body and with
which the governmental body is conducting economic development
negotiations, involving tourism oriented development.
This E-Session Item was discussed in executive session.
5. Executive session pursuant to Section 551.071(1)(A) of the Texas
Government Code to consult with attorneys regarding Cause No.
2014-DCV-1755-G, styled City of Corpus Christi and Corpus Christi
Community Improvements Corporation vs. Texas League of United
Latin American Citizens (LULAC)Apartments of the Village, Henry
Gorham, LULAC Council#1 Foundation, Inc, TX LULAC Village
Housing, LP TX LULAC Oasis at the Park Housing, LP, Affordable
Housing Consultants, Inc., and David Marquez, for discussion and
possible action in open session.
This E-Session Item was discussed in executive session.
FIRST READING ORDINANCES: (ITEMS 19 -27)
19. First Reading Ordinance-Accepting and appropriating the Sea
and Aquatic Life Activities grant(Requires 2/3 vote)
Ordinance authorizing the City manager or designee to execute all
documents necessary to accept and appropriate a grant of$22,500
from the Texas Department of State Health Services in the
Corpus Christi Page 9 Printed on 11/13/2014
City Council Meeting Minutes November 11,2014
Health Grants Fund No. 1066 to provide laboratory services for the
analysis of bay water samples for the contract period of September 1,
2014, through August 31, 2015; and to ratify acceptance of the
grant to begin as of September 1, 2014.
Mayor Martinez referred to Item 19.Assistant Director of Public Health Aurora
Parlamas stated that the purpose of this item is to accept and appropriate a
grant in the amount of$22,500 from the Texas Department of State Health
Services to provide laboratory services for analysis of bay water samples.
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
20. First Reading Ordinance -Authorizing a lease agreement for use
of the McCampbell House at Heritage Park(Requires 2/3 vote)
Ordinance authorizing the City Manager or designee to execute a
one-year lease agreement with the Corpus Christi Chamber of
Commerce for use of the McCampbell House at Heritage Park with
rent of$1,500 per month.
Mayor Martinez referred to Item 20.Director of Parks and Recreation Michael
Morris stated that the purpose of this item is to approve the renewal of a
one-year lease agreement with the Corpus Christi Chamber of Commerce for
the use of the McCampbell House.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
21. First Reading Ordinance -Approving contract and appropriating
funds for Community Youth Development Program (CYD)
(Requires 2/3 vote)
Ordinance authorizing the City Manager or designee to execute a
contract with the Texas Department of Family and Protective Services
for funding for September 1, 2014 through February 28, 2015 in the
total amount of$193,384.84; authorizing appropriation in the Grants
Fund No. 1060 for Community Youth Development program contracts
for the 78415 Zip Code area; to include the extension of the
subcontracts as follows: $26,100.46 to The Boys and Girls Club,
Corpus Christi Page 10 Printed on 11/13/2014
City Council Meeting Minutes November 11,2014
$40,275.46 to Communities In Schools of the Coastal Bend,
$52,849.80 to SERCO of Texas and $ 17,496.71 to Youth Odyssey for
subcontract period September 1, 2014 through February 28, 2015.
Mayor Martinez referred to Item 21.Director of Parks and Recreation Michael
Morris stated that the purpose of this item is to approve the renewal of the
Community Youth Development(CYD)78415 program grants for an additional
six(6)months from the Texas Department of Family and Protective 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
22. First Reading Ordinance-Authorizing an interlocal agreement
and appropriating funds for a Downtown Safety& Security
Partnership Program (Requires 2/3 vote)
Ordinance authorizing the City Manager or his designee to execute a
nine-month interlocal agreement from January 2015 through
September 2015 with the Corpus Christi Downtown Management
District to pay the District$166,500 for contracting with Off-Duty Bike
Patrol Officers and Security Ambassadors to patrol the District;
appropriating $166,500 from the unreserved fund balance in the No.
1020 General Fund; changing the fiscal year 2014-2015 operating
budget adopted by Ordinance Number 030294 by increasing
appropriations by$166,500.
Mayor Martinez referred to Item 22.Business Liaison Alyssa Barrera stated that
the purpose of this item is to execute an interlocal agreement with the Corpus
Christi Downtown Management District and appropriate$166,500 for
contracting with off-duty bike patrol officers and security ambassadors to
patrol downtown.Ms.Barrera provided background regarding the Downtown
Management District's three-year strategic plan and stated that the highest
priority item was to improve the safety and perception of safety in the
downtown area.Council Member Allen thanked the Executive Director of the
Corpus Christi Downtown Management District Terry Sweeney and Police
Chief Floyd Simpson for coordinating this effort.There were no comments
from 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
23. First Reading Ordinance -Authorizing Issuance of Utility System
Corpus Christi Page 11 Printed on 11/13/2014
City Council Meeting Minutes November 11,2014
Revenue Bonds -Fixed Rate (Related items 24, 25, 38) (Requires
2/3 vote)
Ordinance authorizing the issuance of one or more series of City of
Corpus Christi, Texas Utility System Junior Lien Revenue
Improvement Bonds, in an aggregate principal amount, when
combined with other City Utility System Revenue Obligations
authorized on the date hereof, not to exceed $115,000,000, pursuant
to the delegation provisions set forth herein; 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 on a parity with
certain currently outstanding Utility System Revenue Obligations;
stipulating the terms and conditions for the issuance of additional
revenue bonds on a parity therewith; prescribing the forms, terms,
conditions, and resolving other matters incident and related to the
issuance, sale and delivery of each series of bonds; including the
approval and distribution of one or more Official Statements pertaining
thereto; authorizing the execution of one or more paying
agent/registrar agreements, and one or more purchase contracts;
complying with the requirements imposed by the letter of
representations previously executed with the depository trust
company; establishing the City's intention to reimburse itself from the
proceeds of any such series of bonds for the prior lawful expenditure
of funds to construct various City improvements; delegating the
authority to the certain members of the City staff to execute certain
documents relating to the sale of each series of bonds; and providing
an effective date.
Mayor Martinez referred to Item 23.Director of Financial Services Constance
Sanchez stated that Items 23,24 and Future Agenda Item 38 are related.Ms.
Sanchez explained that the purpose of Items 23 and 24 are to authorize the
issuance of up to$115,000,000 of Utility System Revenue Bonds to fund utility
projects for Year 1 of the FY2015 Capital Improvement Plan.Ms.Sanchez said
that in effort to provide the City with the most flexibility,authorization is being
requested for the issuance of both fixed rate bonds(Item 23)and variable rate
bonds(Item 24).Ms.Sanchez also provided information on the structured
parameters of the ordinance.Ms.Sanchez referred to Item 38 and stated that
the purpose of this item is to request the approval of M.E.Allison,&Co.as
Financial Advisor. Mayor Martinez asked questions regarding the difference
on interest rates between the short-term variable rate and the fixed rate.There
were no comments from the public.This Ordinance was passed on first
reading and approved with the following vote:
Aye: 7- Mayor Martinez, Council Member Garza, Council Member Loeb, Council
Member Magill, Council Member McIntyre, Council Member Riojas and
Council Member Scott
Absent: 2- Council Member Allen and Council Member Leal
Abstained: 0
24. First Reading Ordinance -Authorizing the Issuance of Utility
Corpus Christi Page 12 Printed on 11/13/2014
City Council Meeting Minutes November 11,2014
System Revenue Bonds -Variable Rate(Related items 23, 25, 38)
(Requires 2/3 vote)
Ordinance authorizing the issuance of one or more series of City of
Corpus Christi, Texas Utility System Variable Rate Junior Lien
Revenue Improvement Bonds, in an aggregate principal amount, when
combined with other City Utility System Revenue Obligations
authorized on the date hereof, not to exceed $115,000,000, pursuant
to the delegation provisions set forth herein; 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 on a parity with
certain currently outstanding Utility System Revenue Obligations;
stipulating the terms and conditions for the issuance of additional
revenue bonds on a parity therewith; prescribing the forms, terms,
conditions, and resolving other matters incident and related to the
issuance, sale and delivery of each series of bonds; including the
approval and distribution of one or more Official Statements pertaining
thereto; authorizing the execution of one or more paying
agent/registrar agreements, and one or more remarketing agreements,
one or more tender agent agreements, and one or more purchase
contracts; complying with the requirements imposed by the letter of
representations previously executed with the depository trust
company; establishing the City's intention to reimburse itself from the
proceeds of any such series of bonds for the prior lawful expenditure
of funds to construct various City improvements; delegating the
authority to certain members of the City staff to execute certain
documents relating to the sale of each series of bonds; and providing
an effective date.
Item 24 was discussed during the discussion on Item 23.This Ordinance was
passed on first reading and approved with the following vote:
Aye: 7- Mayor Martinez, Council Member Garza,Council Member Loeb, Council
Member Magill, Council Member McIntyre, Council Member Riojas and
Council Member Scott
Absent: 2- Council Member Allen and Council Member Leal
Abstained: 0
25. First Reading Ordinance -Authorizing the Issuance of Utility
System Refunding Bonds(Related items 23, 24, 38) (Requires 2/3
vote)
Ordinance authorizing the issuance of"City of Corpus Christi, Texas
Utility System Junior Lien Revenue Refunding Bonds, Series 2015", in
an amount not to exceed $166,240,000; 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 on a parity with
certain currently outstanding utility system revenue obligations;
Corpus Christi Page 13 Printed on 11/13/2014
City Council Meeting Minutes November 11,2014
stipulating the terms and conditions for the issuance of additional
Revenue Bonds on a parity therewith; 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; an escrow
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
certain members of the City staff to execute certain documents relating
to the sale of the bonds, and providing an effective date.
Mayor Martinez referred to Item 25.Director of Financial Services Constance
Sanchez stated that Item 25 and Future Agenda Item 38 are related.Ms.
Sanchez explained that the purpose of Item 25 is a refunding opportunity for
the utility system's debt up to$166,240,000.Ms.Sanchez stated that if all
eligible outstanding bonds are refunded at today's interest rate,a net present
value savings of over$5 million or 8.82%would be realized.However,the
actual amount to be refunded will be determined at the time of pricing.Ms.
Sanchez referred to Item 38 and stated that the purpose of this item is to
request the approval of M.E.Allison,&Co.as Financial Advisor.In response to
Mayor Martinez,Ms.Sanchez stated that the pricing will be done in January of
2015.There were no comments from the public.This Ordinance was passed on
first reading and approved with the following vote:
Aye: 7- Mayor Martinez, Council Member Garza, Council Member Loeb, Council
Member Magill, Council Member McIntyre, Council Member Riojas and
Council Member Scott
Absent: 2- Council Member Allen and Council Member Leal
Abstained: 0
26. First Reading Ordinance -Appropriating funds for Solid Waste
debt service payment(Related items 39,40) (Requires 2/3 vote)
Ordinance appropriating $1,100,000 from the unreserved fund balance
in the No. 1020 General Fund and transferring to and appropriating in
the No. 2010 Debt Service Fund to pay principal and interest in Fiscal
Year (FY) 2014-2015 for Solid Waste certificates of obligation; and
changing the FY 2014-2015 Operating Budget adopted by Ordinance
No. 030294 to increase revenues by $1,100,000 and expenditures by
$1,100,000 in the No. 2010 Debt Service Fund and to increase
expenditures by$1,100,000 in the General Fund
Mayor Martinez referred to Item 26.Director of Financial Services Constance
Sanchez stated that Item 26 and Future Agenda Items 39 and 40 are related to
the issuance of up to$14,500,000 in Certificates of Obligation to fund health
and public safety projects related to the J.C.Elliott Transfer Station and the
Cefe Valenzuela Landfill outlined in the FY2015 Capital Improvement Plan.Ms.
Sanchez explained that Item 26 relates to the debt service payment estimated
at approximately$1,100,000 for FY2015.Ms.Sanchez stated that since this
amount was not included in the FY2015 Operating Budget,approval is being
Corpus Christi Page 14 Printed on 11/13/2014
City Council Meeting Minutes November 11,2014
requested to appropriate these funds out of the fund balance of the General
Fund from excess funds generated by Solid Waste.Ms.Sanchez referred to
Item 40 and stated that the purpose of this item is to request to publish a
Notice of Intention in the Corpus Christi Caller Times to comply with the Texas
Local Government Code as it relates to Certificates of Obligation.Ms.Sanchez
referred to Item 39 and stated that the purpose of this item is to request the
approval of M.E.Allison,&Co.as Financial Advisor. City Manager Olson
provided clarification on the reason staff is recommending the issuance of the
Certificates of Obligation for 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 Garza, Council Member Loeb, Council
Member Magill, Council Member McIntyre, Council Member Riojas and
Council Member Scott
Absent: 2- Council Member Allen and Council Member Leal
Abstained: 0
27. First Reading Ordinance -Authorizing the issuance of tax notes
related to Texas Military Preparedness Commission (Related
items 41,42) (Requires 2/3 vote)
Ordinance by the City of Council of the City of Corpus Christi, Texas
authorizing the issuance of"City of Corpus Christi, Texas Tax notes,
Series 2014A" in an amount not to exceed$5,090,000, levying an
annual ad valorem tax, within the limitations prescribed by law, for the
payment of the obligations; prescribing the form, terms, conditions,
and resolving other matters incident and related to the issuance, sale,
and delivery of the obligations; authorizing the execution of paying
agent/registrar agreement and a purchase and investment letter;
complying with the provisions of the depository trust company' s letter
of representations; and providing an effective date.
Mayor Martinez referred to Item 27.Director of Financial Services Constance
Sanchez stated that Item 27 and Future Agenda Items 41 and 42 are related to
the repurposing of an existing loan that the City has with the Texas Military
Preparedness Commission.Ms.Sanchez explained that when Naval Station
Ingleside was closed through the Base Realignment and Closure process,the
City applied for a$10.5 million Texas Military Value Revolving Loan Fund
through the Texas Military Preparedness Commission for the two following
projects:the reconstruction and expansion of Port Avenue from Interstate 37
to U.S.181 and the extension of Waldron Field and realignment of Flour Bluff
Drive.Ms.Sanchez added that in 2007,the City issued two series of debts to
fund these projects and both series were sold to the Texas Public Finance
Authority(TPFA),acting on behalf of the Texas Military Preparedness
Commission,to provide the City with assistance for projects targeting
infrastructure related to military facilities located around the City.Ms.Sanchez
stated that the Port project was completed and the Waldron Field Project was
never started.The City has made semi-annual payments on the loan since
2007,but under the terms of the loan agreement,the earliest the loan can be
paid off is September 2016.Staff worked with the Governor's Office on
alternate options for the unused proceeds and the City has the opportunity to
Corpus Christi Page 15 Printed on 11/13/2014
City Council Meeting Minutes November 11,2014
put unused funds to use on military value projects.Ms.Sanchez referred to
Item 42 and stated that the purpose of this item is to authorize the redemption
of unspent proceeds from the original debt.Ms.Sanchez referred to Item 27
and stated that the purpose of this item is to authorize the issuance of new tax
notes in the amount of$5,090,000. Ms.Sanchez said that once the City
receives approval from the TPFA and the Texas Military Preparedness
Commission to use the remaining proceeds for additional projects,the City
can issue new debt for new military projects.Ms.Sanchez referred to Item 41
and stated that the purpose of this item is to appoint M.E.Allison,&Co.as
Financial Advisor.
Director of Intergovernmental Relations Tom Tagliabue provided information
on the history of the bond issuance,the Military Value Loan Fund balance;the
timeline for approval;and the five recommended projects as follows: 1)Sam
Rankin Road Improvements;2)Land Acquisition of Clear Zones,Accident
Prevention Zones and Encroachments;3)Naval Air Station Corpus Christi
South Gate Truck Lane;4)Naval Air Station Corpus Christi Fence Line
Replacement;and 5)Corpus Christi International Airport Taxiway Expansion&
Safety Enhancements.Council members spoke regarding the following topics:
the City's allocation to the South Texas Military Task Force;an update on the
City's investment in military efforts;and the Corpus Christi International
Airport Taxiway project.There were no comments from 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 28 -42)
Mayor Martinez referred to Future Agenda Items.City Manager Olson stated
that staff had a planned presentation on Item 32.Council members requested
information on Items 30 and 31.
28. Approving a maintenance agreement with Intrado for hardware
and software support for the Emergency 911 Call Taker System
(Requires 2/3 vote)
Motion authorizing the City Manager or his designee to execute a
maintenance agreement with Intrado in the amount of$336,644, of
which $50,496.60 is required for the remainder of FY 2014-2015 for
software and hardware support services on the Emergency 911
System. The term of the contract is five years.
This Motion was recommended to the consent agenda.
29. Approving an engineering construction contract for Master
Channel 31 drainage excavation to provide drainage relief for Oso
Bay Basin (Requires 2/3 vote)
Corpus Christi Page 16 Printed on 11/13/2014
City Council Meeting Minutes November 11,2014
Resolution authorizing the City Manager or designee to execute a
construction contract in the amount of$883,128.79 with DRC
Emergency Services, LLC for the Master Channel 31 Drainage
Channel Excavation Project.
This Resolution was recommended to the consent agenda.
30. Approving a project cooperation agreement for the McGee Beach
Nourishment project(Requires 2/3 vote)
Motion authorizing the City Manager or designee to execute a Project
Cooperative Agreement with the Texas General Land Office in the
amount of $264,000 for the McGee Beach Nourishment project for
design, data collection, permitting, engineering and construction
oversight.
This Motion was recommended to the consent agenda.
31. Ratifying and amending Anti-litter Campaign Contract(Requires
2/3 vote)
Motion ratifying expenditures of$106,017.15 incurred through the
advertising firm of Bucket Works, and authorizing the City Manager to
execute an addendum to the Bucket Works contract for additional
expenditures not to exceed $20,000 to complete the ongoing anti-litter
campaign.
This Motion was recommended to the consent agenda.
32. Amending the Corpus Christi Convention and Visitors Bureau
(CCVB) agreement to align it with the City's fiscal year and
amending the board composition (Requires 2/3 vote)
Motion authorizing the City Manager or designee to execute an
Amended Consulting Services Agreement with the Corpus Christi
Convention and Visitors Bureau for a period ending September 30,
2015.
This Motion was recommended to the consent agenda.
33. Nominating voestalpine Texas LLC as a Double Jumbo Texas
Enterprise Zone Project(Requires 2/3 vote)
Resolution nominating voestalpine Texas, LLC ("voestalpine")to the
Office of the Governor Economic Development&Tourism ("EDT")
through the Economic Development Bank ("Bank") as a Double Jumbo
Enterprise Project pursuant to the Texas Enterprise Zone Act("Act").
This Resolution was recommended to the consent agenda.
Corpus Christi Page 17 Printed on 11/13/2014
City Council Meeting Minutes November 11,2014
34. Nominating Flint Hills Resources. LP as a Double Jumbo Texas
Enterprise Zone Project(Requires 213 vote)
Resolution nominating Flint Hills Resources Corpus Christi, LLC ("Flint
Hills")to the Office of the Governor Economic Development&Tourism
("EDT") through the Economic Development Bank ("Bank") as a
Double Jumbo Enterprise Project pursuant to the Texas Enterprise
Zone Act("Act").
This Resolution was recommended to the consent agenda.
35. Approving a Type A Grant for Service Corps of Retired Executives
(SCORE)Chapter 221 for Fiscal Year 2015(Requires 2/3 vote)
Resolution approving a Small Business Incentives Agreement between
the Corpus Christi Business and Job Development Corporation and
Service Corps of Retired Executives (SCORE) Chapter 221 to provide
grant up to$50,000 to assist small businesses and authorizing the City
Manager, or designee, to execute a Project Support Agreement with
the Corpus Christi Business and Job Development Corporation to
administer the SCORE Chapter 221 Small Business Incentives
Agreement.
This Resolution was recommended to the consent agenda.
36. Approving a Type A Grant extension for Del Mar College
Internship Program (Requires 2/3 vote)
Resolution approving extension of a Small Business Incentives
Agreement between the Corpus Christi Business And Job
Development Corporation and Del Mar College ("Del Mar") for one
year until September 30, 2015, and to provide a grant amount of up to
$173,223 for an intern program for small businesses.
This Resolution was recommended to the consent agenda.
37. Approving Type A Grant Extension for Texas A&M University -
Corpus Christi Internship Program (Requires 2/3 vote)
Resolution approving extension of a Small Business Incentives
Agreement between the Corpus Christi Business And Job
Development Corporation and Texas A&M University- Corpus Christi
("TAMUCC")for one year until September 30, 2015, and to provide a
grant amount of up to $190,635 for an intern program for small
businesses.
This Resolution was recommended to the consent agenda.
38. Appointing a financial advisor for Utility System Revenue Bond
Sale and Utility System Revenue Refunding Bond Sale(Related
Corpus Christi Page 18 Printed on 11/13/2014
City Council Meeting Minutes November 11,2014
items 29 -32)(Requires 2/3 vote)
Motion authorizing the appointment of M. E. Allison, & Co., as
Financial Advisor for one or more series of City of Corpus Christi,
Texas Utility System Junior Lien Revenue Improvement Bonds (fixed
rate and/or variable rate) in an aggregate principal amount not to
exceed $115,000,000; and for one or more series of City of Corpus
Christi, Texas Junior Lien Revenue Refunding Bonds in an amount not
to exceed $166,240,000.
This Motion was recommended to the consent agenda.
39. Appointing a financial advisor for Solid Waste Certificates of
Obligation (Related items 36 -38)(Requires 2/3 vote)
Motion authorizing the appointment of M. E. Allison, &Co., as
Financial Advisor for the of City of Corpus Christi, Texas, Combination
Tax and Solid Waste Revenue Taxable Certificates of Obligation,
Series 2015 in an amount not to exceed $14,500,000.
This Motion was recommended to the consent agenda.
40. Authorizing the issuance of Solid Waste Certificates of Obligation
(Requires 2/3 vote)
Resolution by the City Council of the City of Corpus Christi, Texas,
authorizing and approving publication of Notice of Intention to issue
Certificates of Obligation; complying with the requirements contained
in Securities and Exchange Commission Rule 15c2-12; and providing
an effective date.
This Resolution was recommended to the consent agenda.
41. Appointing a financial advisor for Texas Military Preparedness
Commission debt transactions (Related items 33 -35)(Requires
2/3 vote)
Motion authorizing the appointment of M. E. Allison, & Co., as
Financial Advisor for the transaction to call for redemption prior to
stated maturity "City of Corpus Christi, Texas General Improvement
Bonds, Series 2007"and "City of Corpus Christi, Texas Combination
Tax and Utility System Revenue Certificates of Obligation, Series
2007" and as Financial Advisor for the issuance of"City of Corpus
Christi, Texas Tax Notes, Series 2014A" in an amount not to exceed
$5,090,000.
This Motion was recommended to the consent agenda.
42. Repurposing of existing Texas Military Preparedness loan
(Requires 2/3 vote)
Corpus Christi Page 19 Printed on 11/13/2014
City Council Meeting Minutes November 11,2014
Resolution by the City Council of the City of Corpus Christi, Texas
calling for redemption prior to stated maturity certain of its currently
outstanding obligations designated as "City of Corpus Christi, Texas
General Improvement Bonds, Series 2007" and "City of Corpus Christi,
Texas Combination Tax and Utility System Revenue Certificates of
Obligation, Series 2007"; directing that the City Secretary or designee
thereof, effectuate the redemption of these obligations; and other
matters in connection therewith.
This Resolution was recommended to the consent agenda.
Q. BRIEFINGS TO CITY COUNCIL: (NONE)
R. LEGISLATIVE UPDATE:
None.
S. ADJOURNMENT
The meeting was adjourned at 3:25 p.m.
Corpus Christi Page 20 Printed on 11/13/2014