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I HEREBY CERTIFY that the foregoing is a true and correct copy of the minutes of the Regular
Meeting of the Corpus Christi City Council of June 9, 2015 which were approved by the City
Council on June 16, 2015.
WITNESSETH MY HAND AND SEAL, on this the 16th day of June, 2015.
120],44--C,Ce-, A.Z. -5E(--,
Rebecca Huerta
City Secretary
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INDEXED
1201 Leopard Street
Corpus Christi corpus Christi,Tx 78401
° cctexas.com
/ Meeting Minutes
City Council
Tuesday,June 9,2015 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 Rogel "Ogie" Rosalinas, St.Joseph Catholic
Church.
Father Rogel"Ogie"Rosalinas gave the invocation.
C. Pledge of Allegiance to the Flag of the United States to be led by Sylvia Wilson,
Human Relations Administrator.
Human Relations Administrator Sylvia Wilson led the Pledge of Allegiance.
Mayor Martinez called for a moment of silence for Randy Charba,identified this
morning as the latest flood victim from Wimberly,Texas,and all of the families
from Corpus Christi that have been affected by this tragedy.
D. City Secretary Rebecca Huerta to call the roll of the required Charter Officers.
City Secretary Rebecca Huerta called the roll and verified that a quorum of the
Council and the required Charter Officers were present to conduct the meeting.
Charter Officers:
City Manager Ron Olson,City Attorney Miles K.Risley,and City Secretary
Rebecca Huerta.
Present: 9- Mayor Nelda Martinez,Council Member Rudy Garza,Council Member
Chad Magill,Council Member Colleen Mclntyre,Council Member Lillian
Riojas,Council Member Lucy Rubio,Council Member Brian Rosas,Council
Member Mark Scott, and Council Member Carolyn Vaughn
E. Proclamations/Commendations
1. Proclamation declaring June 9, 2015, "Corpus Christi All-Star Tiger
Shark Day"
Proclamation declaring June 9-19, 2015, "150th Anniversary of the
Juneteenth Celebration, the Spirit of Emancipation Days"
Proclamation declaring June 14, 2015, "20th Annual Ms. Coastal Bend
Senior Pageant Day"
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Mayor Martinez presented the proclamations.
MINUTES:
4. Regular Meeting of May 26, 2015 and Workshop Session of June 2,
2015.
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 Rubio and passed unanimously.
J. BOARD &COMMITTEE APPOINTMENTS:
5. Ethics Commission
Pipeline Review Panel
Mayor Martinez referred to board and committee appointments.The following
appointments were made:
Ethics Commission
Council Member Magill made a motion to appoint Isabel L.Barrera,seconded
by Council Member McIntyre and passed unanimously.
Pipeline Review Panel
Council Member McIntyre made a motion to reappoint Kelly L.White
(Community Representative),Mukesh R.Pratap(Technical Expertise),Philip E.
Woods(Technical Expertise),and Robert Leon(Technical Expertise),
seconded by Council Member Magill and passed unanimously.Council
Member McIntyre made a motion to appoint Louis M.Lopez(Technical
Expertise/Emergency Mgmt.Experience),seconded by Council Member Magill
and passed unanimously.
K. EXPLANATION OF COUNCIL ACTION:
L. CONSENT AGENDA: (ITEMS 6 - 16)
Approval of the Consent Agenda
Mayor Martinez referred to the Consent Agenda.City Secretary Huerta
announced that Council Member Scott would be abstaining on item 15.There
were no comments from the Council or the public.Council Member Garza
made a motion to approve the consent agenda items,seconded by Council
Member McIntyre.The consent agenda was passed by one vote as follows:
Aye: 9- Mayor Martinez, Council Member Garza, Council Member Magill, Council
Member McIntyre, Council Member Riojas, Council Member Rubio,
Council Member Rosas,Council Member Scott and Council Member
Vaughn
Abstained: 0
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6. Purchase of Ammunition for Police Department
Motion approving the purchase of approximately 320,000 rounds of
ammunition from Precision Delta Corporation, Rulerville, Mississippi in
accordance with Bid Event No. 42 based on only bid for a one-time
expenditure of $66,592. Funds are budgeted in the General Fund and
the Crime Control Fund No. 9010 in FY 2014-2015.
This Motion was passed on the Consent Agenda.
Enactment No: M2015-053
7. Lease-Purchase of Ambulances
Motion approving the lease-purchase of two (2) ambulances from
Knapp Chevrolet, Houston, Texas for a total amount of$322,440.88,
of which $5,374.01 is required for the remainder of FY 2014-2015. The
award is based on the cooperative purchasing agreement with the
Texas Local Government Purchasing Cooperative (TLGPC). Financing
for the lease-purchase will be provided through the City's
lease-purchase financing contractor.
This Motion was passed on the Consent Agenda.
Enactment No: M2015-054
8. Approving application submission for Beach Cleaning and
Maintenance funding
Resolution authorizing the City Manager or designee to execute all
documents necessary to request continued financial assistance for
beach cleaning and maintenance on North Padre Island and Mustang
Island during FY 2015-2016 under the Texas General Land Office's
Beach Cleaning and Maintenance Assistance Program
This Resolution was passed on the Consent Agenda.
Enactment No: 030515
9. Engineering Construction Contracts for ADA Improvements in
Community Development Block Grant(CDBG)Areas
Motion authorizing the City Manager, or designee, to execute a
construction contract with Ti-Zack Concrete, Inc. of Le Center,
Minnesota in the amount of$312,267.00 for ADA Improvements in
CDBG (Community Development Block Grant)Areas FY 2013 for the
total base bid Part A, and to execute a construction contract with A.
Ortiz Construction & Paving, Inc. of Corpus Christi, Texas in the
amount of$152,456.25 for Accessible Routes in CDBG Residential
Areas Phase 3 for the total base bid Part B.
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This Motion was passed on the Consent Agenda.
Enactment No: M2015-055
10. Engineering Construction Contract for Waterline and Gas Line
Extension
Motion authorizing the City Manager or designee to execute a
construction contract with Clark Pipeline Services, in the amount of
$2,381,598.50 for the Padre Island Water Line and Gas Line
Extension.
This Motion was passed on the Consent Agenda.
Enactment No: M2015-056
11. Construction contract for programmed lifecycle replacement and
extension of the City's water distribution system
Motion authorizing the City Manager, or designee, to execute a
construction contract with Clark Pipeline Services of Corpus Christi,
Texas in the amount of$2,300,000 for the Programmed Waterline
Service Life Extension for Citywide Distribution Repair and
Replacement- Indefinite Delivery/Indefinite Quantity (ID/IQ)
Procurement for the total base bid.
This Motion was passed on the Consent Agenda.
Enactment No: M2015-057
12. Authorizing the City Manager to enter into Water Contracts for
properties in Sun George Village Subdivision
Resolution authorizing the City Manager or designee to enter into
outside city limits water contracts with the property owners in the Sun
George Village Subdivision to provide public water to their respective
properties pursuant to Section 55-113, City Code of Ordinances.
This Resolution was passed on the Consent Agenda.
Enactment No: 030516
13. Second Reading Ordinance-Appropriating funds for Women,
Infants and Children (WIC) grant amendment(1st Reading
5/26/15)
Ordinance authorizing the City Manager, or his designee, to execute
all documents necessary to accept and appropriate additional funding
in the amount of$88,902.00 to the current contract amount of
$963,369.00 for a total grant in the amount of$1,052,271.00 from the
Texas Department of State Health Services in the Health Grants Fund
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No. 1066, to provide funds for the Women, Infants, and Children (WIC)
program; and to ratify acceptance of the grant to begin as of January
1, 2015.
This Ordinance was passed on second reading on the Consent Agenda.
Enactment No:030517
14. Second Reading Ordinance-Closing a utility easement located
north of South Padre Island Drive and east of Admiral Drive (1st
Reading 5/26/15)
Ordinance abandoning and vacating a 1,450-square foot portion of an
existing 10-foot wide utility easement out of a part of Lot 8, and Lots
15-17, Block J, Flour Bluff Estates, located north of the South Padre
Island Drive (SH 358) state right-of-way, and east of the Admiral Drive
public street right-of-way;and requiring the owner, Blue Sand
Development, LLC., to comply with the specified conditions.
This Ordinance was passed on second reading on the Consent Agenda.
Enactment No: 030518
15. Second Reading Ordinance -Appropriating Funds and Amending
the Service Agreement for Strategic Planning Services (1st
Reading 5/26/15)
Ordinance appropriating $53,997 from the unreserved fund balance in
the No. 4610 Airport Fund for the Airport's share of Goody Clancy
Amendment No. 2 for strategic planning services project at Corpus
Christi International Airport; and amending the FY2014-2015
Operating Budget adopted by Ordinance No. 030294 to increase
expenditures by$53,997; authorizing the City Manager, or designee,
to execute Amendment No. 2 to a contract with Goody Clancy and
Associates Inc., of Boston, Massachusetts in the amount of$72,835
for a total re-stated fee not to exceed $1,409,641 for Strategic
Planning Services.
Council Member Scott abstained on Item 15.This Ordinance was passed on
second reading on the Consent Agenda.(Note:This item was reconsidered
immediately prior to adjourning the meeting.)
Enactment No:030519
16. Second Reading Ordinance-Appropriating funds for Airport
terminal maintenance(1st Reading 5/26/15)
Ordinance appropriating $183,000 from the unreserved fund balance
in the No. 4610 Airport Fund for a major terminal maintenance and
improvement project at the Corpus Christi International Airport; and
amending the FY2014-2015 Operating Budget adopted by Ordinance
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No. 030294 to increase expenditures by$183,000.
This Ordinance was passed on second reading on the Consent Agenda.
Enactment No: 030520
N. REGULAR AGENDA: (ITEMS 19 -20)
19. Second Reading Ordinance -Annexing land located at the
intersection of Leopard Street and Clarkwood Road (1st Reading
5/26/15)
Ordinance annexing 70.25 acres of land owned by the SKB Acquisition
LLC, formerly known as the Sam Kane Beef Processors, located at the
intersection of Leopard Street and Clarkwood Road; providing that the
owners and inhabitants are entitled to all rights, privileges, and
burdens of other citizens and property owners of the City of Corpus
Christi and are subject to and bound by the City Charter, ordinances,
resolutions, and rules; providing for amendment of the official maps of
the City of Corpus Christi; providing for severance; providing an
effective date; and providing for publication.
Mayor Martinez deviated from the agenda and referred to Item 19,annexation
of 70.25 acres of land owned by the SKB Acquisition LLC(formerly Sam Kane
Beef Processors).There were no comments from the Council or the public.
Council Member Garza made a motion to approve the ordinance,seconded by
Council Member Rosas.This Ordinance was passed on second reading and
approved with the following vote:
Aye: 9- Mayor Martinez, Council Member Garza, Council Member Magill, Council
Member McIntyre, Council Member Riojas, Council Member Rubio,
Council Member Rosas, Council Member Scott and Council Member
Vaughn
Abstained: 0
Enactment No: 030521
20. Second Reading Ordinance - Construction contract and
appropriating funds for Hike and Bike Trail Development -
Schanen Ditch Project(BOND 2012)(1st Reading 5/26/15)
Ordinance appropriating $721,182 of anticipated revenues from the
Texas Department of Transportation in Fund No. 3280 for the Hike
and Bike Trail Development - Schanen Ditch project (BOND 2012);
changing the FY 2015 Capital Improvement Budget adopted by
Ordinance No. 030303 to increase revenues and expenditures by
$721,182; and authorizing the City Manager, or designee, to execute a
construction contract with LNV, Inc. of Corpus Christi, Texas in the
amount of $1,194,858.16 for the Hike and Bike Trail Development -
Schanen Ditch project(BOND 2012)for the Base Bid.
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Mayor Martinez referred to Item 20,execution of a contract with LNV,Inc.for
the Hike and Bike Trail Development-Schanen Ditch project.There were no
comments from the Council or the public.Council Member Garza made a
motion to approve the ordinance,seconded by Council Member Scott.This
Ordinance was passed on second reading and approved with the following
vote:
Aye: 9- Mayor Martinez, Council Member Garza, Council Member Magill, Council
Member McIntyre, Council Member Riojas,Council Member Rubio,
Council Member Rosas, Council Member Scott and Council Member
Vaughn
Abstained: 0
Enactment No:030522
O. FIRST READING ORDINANCES: (ITEM 21)
21. First Reading Ordinance-Engineering Construction Contract for
Waldron Road from Caribbean to Glenoak(BOND 2014)
Ordinance amending the FY 2015 Capital Improvement Budget
adopted by Ordinance No. 030303 by transferring $1,495,352 to the
Waldron Road from Caribbean Drive to Glenoak Drive Project and
increasing expenditures in the amount of$1,495,352; rejecting the low
bid of Salinas Construction Technologies Ltd. of Pleasanton, Texas, in
the interest of the public; determining the lowest responsible bidder to
be the second lowest bidder, Berry Contracting LP dba Bay Ltd. of
Corpus Christi, Texas; making findings of fact; and authorizing the City
Manager, or designee, to execute a construction contract with Berry
Contracting, LP dba Bay Ltd. of Corpus Christi, Texas in the amount of
$2,580,631.90 for the Waldron Road from Caribbean Drive to Gelnoak
Drive Project(BOND 2014).
Mayor Martinez referred to Item 21.Executive Director of Public Works Valerie
Gray stated that the purpose of this item is to execute a contract with Bay.Ltd
for the Waldron Road from Caribbean Drive to Glenoak Drive Project(Bond
2014).Ms.Gray explained that Bay's bid,the second lowest bid,as determined
by Urban Engineering,who conducted the bid analysis,was the most
responsive bidder.There were no comments from the public.Council members
spoke regarding the following topics:the Bond 2014 estimated cost for the
projects;the additional cost increases associated with utilities;whether the
increase in this project's cost is an indicator regarding future Bond 2014
projects;the estimated project schedule;and access at all times during
construction.Mayor Martinez requested a future presentation with updates on
the Bond 2014 projects.Council Member McIntyre made a motion to approve
the ordinance,seconded by Council Member Magill. This Ordinance was
passed on first reading and approved with the following vote:
Aye: 9- Mayor Martinez, Council Member Garza, Council Member Magill, Council
Member McIntyre, Council Member Riojas, Council Member Rubio,
Council Member Rosas, Council Member Scott and Council Member
Vaughn
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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.Errol Summerlin,member of the Citizens'Alliance for Fairness and
Progress,provided an update on discussions with Code Enforcement
regarding the revised Property Maintenance Code and spoke regarding issues
related to Plan CC 2035.DeeLynn Torres,Express Soccer Club,invited the
public to attend the 10th Annual Express Beach Soccer Fest being held June
27-28,2015 at McGee Beach.Ms.Torres acknowledged the work performed by
the Park Maintenance Department at Manuel Salinas Park during the recent
rain events and Special Events Coordinator Laura Gonzalez for assistance with
their upcoming soccer event.Greg Smith provided an update on the following
issues related to the Island Strategic Action Committee:the Padre Island
Access Study;the light at Aquarius and South Padre Island Drive;the Packery
Channel bathroom location;and the Police Department's enforcement of
"no-riding"in the dunes.Abel Alonzo,on behalf of the Nueces County"I
Believe in Me"Foundation,said the"Run,Walk and Roll"event was successful
thanks to City leaders and sponsors.Mr.Alonzo also expressed his
appreciation to those individuals who donated to the Special Olympics in
honor of the late Police Chief Floyd Simpson.Foster Edwards,President/CEO
of the Corpus Christi Chamber of Commerce,spoke regarding the Joint Land
Use Study(JLUS)and future implementation.Carolyn Burger spoke regarding
the City's process for paying alarm permits.Jeremy Coleman informed the City
Council about the drainage issues preventing the Brooks Chapel Development
Center from opening.Mr.Coleman recognized the Police Department for
addressing the homeless issue near the center.Alex Rahmlow provided
information on forestry and the economic rate of return for tree planting
initiatives.Octaviano Recio,Jr.asked the City to investigate whether a large
tow truck,located at 2937 Sabinas,is authorized to park on the street.
G. CITY MANAGER'S COMMENTS/UPDATE ON CITY OPERATIONS:
Mayor Martinez referred to City Manager's Comments.City Manager Olson
reported on the following topics:
a. OTHER
1)The combined lake levels are currently at 57%of combined capacity and the
total water resources are at 89%.The City is in much better shape than
previously anticipated.Staff will present the Drought Contingency Plan
ordinance on first reading at the June 23rd meeting which will include direction
from the City Council to add restrictions during earlier stages to preserve more
water.2)The City Council was provided a copy of the City of Corpus Christi's
Comprehensive Annual Financial Report (CAFR).The report is prepared by the
Finance Department and documents the City's current financial condition.3)
The Emergency Operations Division,in coordination with other agencies,
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performed a preliminary damage assessment associated with the recent
storms and reported that the City incurred approximately$301,000 in damages.
The City will be providing the damage assessment to the Federal Emergency
Management Agency(FEMA)to request reimbursement assistance.
M. PUBLIC HEARINGS: (ITEMS 17 - 18)
17. Public Hearing and First Reading Ordinance -Rezoning property
located at 5929 Wooldridge Road (Requires 3/.vote)
Case No. 0515-01 The Mostaghasi Investment Trust: A change of
zoning from the "RS-6"Single-Family 6 District to the"RM-1"
Multifamily 1 District, resulting in a change to the Future Land Use
Plan from low density residential to medium density residential uses.
The property is described as being 7.782 acres out of Lots 21 and 22,
Section 12, Flour Bluff and Encinal Farm and Garden Tracts, located
along the south side of Durant Drive between Dewberry Drive and
Dogtooth Court.
Planning Commission and Staff Recommendation (May 6, 2015):
Denial of the change of zoning from the "RS-6"Single-Family 6 District
to the"RM-1" Multifamily 1 District.
Ordinance:
Ordinance amending the Unified Development Code ("UDC"), upon
application by The Mostaghasi Investment Trust("Owner"), by
changing the UDC Zoning Map in reference to 7.782 acres out of Lots
21 and 22, Section 12, Flour Bluff and Encinal Farm and Garden
Tracts, from the "RS-6" Single-Family 6 District to the"RM-1"
Multifamily 1 District; amending the Comprehensive Plan to account
for any deviations; and providing for a repealer clause and publication.
Mayor Martinez referred to Item 17,a rezoning request for property located at
5929 Wooldridge.City Secretary Huerta explained that the Planning
Commission and staff recommended denial of the zoning change.The
ordinance reflected on the agenda is the applicant's request and passage of
this ordinance will require a three-fourths vote of the City Council due to the
Planning Commission's vote to deny approval. Assistant Director of
Development Services Julio Dimas stated that the purpose of this item is to
rezone the subject property to allow construction of an apartment complex.Mr.
Dimas said the proposed rezoning is not consistent with the future land use
plan and the subject property does not have direct access to Wooldridge Road.
Staffs opinion is that the rezoning does not increase the residential desirability
of this neighborhood,which is one of the findings required of the
Comprehensive Plan when determining multifamily uses.
Mayor Martinez opened the public hearing.Jim Villaume,on behalf of the
applicant George Mostaghasi,is requesting that the City Council vote to allow
apartments to be built.Mr.Villaume explained that Mr.Mostaghasi previously
built an apartment complex with the intent to expand Phase 2 on the subject
property.Mr.Villaume said the Planning Commission opposed the request
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based on the fact that Mr.Mostaghasi did not originally include this property
with the rezoning of Phase 1.Mr.Villaume also address the site plan for the
apartment complex and traffic concerns.Sharon Hoyt,representing the Bent
Tree Homeowners'Association,Angelica Salazar Garcia,Ivan Winningham,
Monica Garcia,and Kathy Chachere spoke in opposition to the zoning change
based on the following concerns:the impact to property values;overcrowding
in schools;increased traffic volume;the lack of upkeep at Mr.Mostaghasi's
existing apartment complex;and security.Mayor Martinez closed the public
hearing.Council members spoke regarding the following topics:the
notification process;concern with additional traffic in the area;consideration
to require a planned unit development"POD"zoning for the subject property;
and other possible land uses for the subject property.City Secretary Huerta
reiterated that a"Yes"vote would support the applicant's request and a"No"
vote would support the Planning Commission's and staffs recommendation.
This Ordinance failed on first reading for lack of a motion.
18. Public Hearing and First Reading Ordinance -Rezoning property
located at 7321 South Staples Street(FM 2444)(Tabled on 5/26/15)
Case No. 0315-01 Doxa Enterprises, LP: A change of zoning from the
"FR" Farm Rural District to the "CG-2" General Commercial District,
not resulting in a change to the Future Land Use Plan. The property to
be rezoned is described as 0.826 acres out of Lots 7 and 8, Section 6,
Flour Bluff and Encinal Farm and Garden Tract, located west of South
Staples Street(FM 2444) and south of Henderson Street.
Staff Recommendation: Approval of the rezoning to the "CG-2"
General Commercial District(Requires 3/4 vote for approval).
Planning Commission Recommendation (March 25, 2015): Denial of
the "CG-2" General Commercial District and, in lieu thereof, approval
of the "CN-1" Neighborhood Commercial District
Ordinance:
Ordinance amending the Unified Development Code ("UDC"), upon
application by Doxa Enterprises, LP ("Owner"), by changing the UDC
Zoning Map in reference to 0.826 Acres out of Lots 7 and 8, Section 6,
Flour Bluff and Encinal Farm and Garden Tract, from the"FR" Farm
Rural District to the "CN-1" Neighborhood Commercial District;
amending the Comprehensive Plan to account for any deviations; and
providing for a repealer clause and publication.
Mayor Martinez referred to Item 18.Assistant Director of Development Services
Julio Dimas stated that the purpose of this item is to rezone the subject
property to allow the development of this property in conjunction with the
property immediately to the north.Mr.Dimas said staff is recommending the
approval of the applicant's request.Planning Commission recommended
denial of the"CG-2"rezoning and,in lieu thereof,approval of a rezoning to
'CN-1". Mr.Dimas reported that the owner does want the"CG-2"and met with
the neighborhood to address their concerns.The owner stated that if the
"CG-2"zoning is approved,he would agree to keep the dumpster's location at
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least 50 feet from the adjacent neighboring subdivision.
Mayor Martinez opened the public hearing.Craig Thompson,Naismith
Engineering representing Doxa Enterprises,provided information on the
concerns from the Buckingham Estates Homeowners'Association
(Association)including:dumpster location and loading zones,lighting,and
signage.Mr.Thompson said the applicant feels that lighting and signage are
addressed in the Unified Development Code and has agreed to impose a deed
restriction to limit the dumpster location.Mr.Thompson explained the
differences between the"CG-2"and"CN-1"zoning requirements.Mr.
Thompson stated that there are no plans at this time for development.Mr.
Thompson said the Association is requesting to rezone to"CN-1"with a
Special Permit prohibiting noise pollution and a 25-foot buffer.Craig Kleint,
President of the Buckingham Estates Homeowners'Association,said the
owners have concerns because they don't know what will be built on the
property.Mr.Kleint requested that this rezoning be tabled until the applicant
has a plan for the property or approve the rezoning to"CN-1"with a Special
Permit to include the following conditions: 1)prohibit,within the 60-foot strip,
any use that would create noise pollution to the neighboring residential
homes,to specifically prohibit dumpster pick-up and storage areas,as well as
loading zones and service drive lanes and 2)require design/creation of a
25-foot wide landscape buffer(zoning district buffer yard)along the
Buckingham Estates fence line.Maria Truan,Sarah Graham,Marie McNeil,
Douglas Waters,Daniel Corris,and Gordon Lester also spoke in opposition to
the zoning change.
Council members spoke regarding the following topics:the reason loading
zones where not included in the deed restriction;the notification process;
rezoning being based on use,not specific projects;special permit
requirements;the initial zoning for newly annexed properties that are not
developed;the zoning history for the subject property;allowances on a
property that has a lot with two different zonings;typical locations for"CG-2"
and"CN-1"zoning;access from the subject property;whether dumpster
placement can be added to zoning restrictions;and consideration to amend
the UDC to address odor from dumpsters.Council Member Garza made a
motion to suport the Planning Commission's recommendation to deny the
rezoning to"CG-2"and,in lieu thereof,approval of the rezoning to the"CN-1",
seconded by Council Member Rubio. This Ordinance was passed on first
reading and approved with the following vote:
Aye: 9- Mayor Martinez, Council Member Garza, Council Member Magill, Council
Member McIntyre, Council Member Riojas, Council Member Rubio,
Council Member Rosas, Council Member Scott and Council Member
Vaughn
Abstained: 0
H. EXECUTIVE SESSION: (ITEMS 2 -3)
Mayor Martinez deviated from the agenda and referred to the day's executive
sessions.The Council went into executive session.
2. Executive session pursuant to Texas Government Code§ 551.071
for consultation with attorneys regarding collective bargaining
negotiations and/or the collective bargaining agreements between the
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City of Corpus Christi and the Corpus Christi Firefighters Association
and/or Corpus Christi Police Officers'Association.
This E-Session Item was discussed in executive session.
3. Executive session pursuant to Texas Government Code§ 551.071
and Texas Disciplinary Rules of Professional Conduct Rule 1.05 to
consult with attorneys concerning status of litigation, including SOAH
Docket No. 473-14-4431 and PUC Docket No. 42467 Application of
Electric Transmission Texas, LLC to Amend Its Certificates of
Convenience and Necessity for the Proposed Barney Davis to Naval
Base Single-Circuit 138 KV Transmission Line in Nueces County,
Texas.
This E-Session Item was discussed in executive session.
O. FIRST READING ORDINANCES: (ITEMS 22 -25)
22. First Reading Ordinance-Amending City Code to add Chapter 41
titled "Public Works" related to contractor debarment,
suspension, and ineligibility (Tabled on 5/12/15)
Ordinance amending the Code of Ordinances by adding Chapter 41
titled "Public Works"; adding provisions related to contractor
debarment, suspension and ineligibility; adding provisions related to
the effective administration of the procurement of public works
contracts; providing for severance; and providing for an effective date.
Mayor Martinez referred to Item 22.Executive Director of Public Works Valerie
Gray stated that the purpose of this item is to approve an ordinance providing
policies and procedures to debar or deem contractors ineligible to be awarded
public works contracts.This item was tabled at the May 12th meeting and staff
has addressed the City Council's concerns by taking the following actions:
revising the ordinance for clarity and specific to public works;developing
debarment process procedures;developing a process flowchart;posting the
revised ordinance,procedures,and flowchart on the City's website;and
evaluating and incorporating comments as appropriate.There were no
comments from the public.Council members spoke regarding the following
topics:the ability to appeal a decision for debarment or suspension to the City
Council;the"administration"appeal process and right to appeal to City
Council by City Charter;and including the ability to appeal to City Council as
part of the ordinance to be codified.Council Member Magill made a motion to
amend Section 41-115 to add the following language,"Any decision to debar a
contractor that is upheld by both the Executive Director of Public Works and
the City Manager or his designee may be subject to review by the City Council
at the request of either the City Manager or City Council,"and to include the
City Council appeal process in the flowchart.The motion was seconded by
Council Member Rubio and passed unanimously.City Secretary Huerta stated
that the caption is on the agenda is different from the ordinance and clarified
that the correct caption is on the ordinance.City Secretary Huerta also pointed
out scrivener's errors that need to be corrected prior to second reading.
Council Member McIntyre made a motion to approve the ordinance as
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amended,seconded by Council Member Rosas.This Ordinance was passed on
first reading as amended and approved with the following vote:
Aye: 9- Mayor Martinez, Council Member Garza, Council Member Magill, Council
Member McIntyre, Council Member Riojas, Council Member Rubio,
Council Member Rosas, Council Member Scott and Council Member
Vaughn
Abstained: 0
23. First Reading Ordinance-Approving agreement and
appropriating funds to reimburse developer for construction of a
wastewater collection line located south along Slough Road,east
of Rodd Field Road and south of Amethyst Drive
Ordinance authorizing execution of a wastewater collection line
extension construction and reimbursement agreement("Agreement")
with Grangefield Development, LLC. ("Developer"), for the construction
of a wastewater collection line and appropriating $153,270.00 from the
No. 4220 Sanitary Sewer Collection Line Trust Fund to reimburse the
Developer in accordance with the Agreement.
Mayor Martinez referred to Item 23.Assistant Director of Development Services
Julio Dimas stated that the purpose of this item is to execute a wastewater
collection line extension construction and reimbursement agreement with
Grangefield Development,LLC for the construction of a wastewater collection
line to provide adequate water service to Grange Park Unit 1 Subdivision.
There were no comments from the Council or the public.Council Member
McIntyre made a motion to approve Item 23,seconded by Council Member
Riojas.This Ordinance was passed on first reading and approved with the
following vote:
Aye: 9- Mayor Martinez, Council Member Garza, Council Member Magill, Council
Member McIntyre, Council Member Riojas, Council Member Rubio,
Council Member Rosas,Council Member Scott and Council Member
Vaughn
Abstained: 0
24. First Reading Ordinance -Approving agreement and
appropriating funds to reimburse developer for the construction
of water arterial transmission and grid main line, located south
along Slough Road, east of Rodd Field Road and south of
Amethyst Drive.
Ordinance authorizing city manager or designee to execute a water
arterial transmission and grid main construction and reimbursement
agreement("Agreement")with Grangefield Development, LLC
("Developer"), for the construction of a water arterial transmission and
grid main line and appropriating $16,574.50 from the No. 4030 Arterial
Transmission and Grid Main Trust Fund to reimburse the Developer in
accordance with the Agreement.
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Mayor Martinez referred to Item 24.Assistant Director of Development Services
Julio Dimas stated that the purpose of this item is to execute a water arterial
transmission and grid main construction and reimbursement agreement with
Grangefield Development,LLC for the construction of a water arterial grid main
extension.There were no comments from the Council or the public.Council
Member McIntyre made a motion to approve Item 24,seconded by Council
Member Rubio.This Ordinance was passed on first reading and approved with
the following vote:
Aye: 9- Mayor Martinez, Council Member Garza, Council Member Magill, Council
Member McIntyre, Council Member Riojas, Council Member Rubio,
Council Member Rosas, Council Member Scott and Council Member
Vaughn
Abstained: 0
25. First Reading Ordinance -Amending City Code regarding Island
Strategic Action Committee Election of Officers
Ordinance Amending City Code of Ordinances Regarding Island
Strategic Action Committee Election of Officers
Mayor Martinez referred to Item 25.Assistant City Manager Wes Pierson stated
that the purpose of this item is to amend the Code of Ordinances regarding the
Island Strategic Action Committee's election of officers,by removing the
language from the ordinance and placing it in the committee's bylaws.Council
Member McIntyre thanked staff for working on the amendment.Council
Member McIntyre made a motion to approve the ordinance,seconded by
Council member Magill.This Ordinance was passed on first reading and
approved with the following vote:
Aye: 9- Mayor Martinez, Council Member Garza, Council Member Magill, Council
Member McIntyre, Council Member Riojas, Council Member Rubio,
Council Member Rosas, Council Member Scott and Council Member
Vaughn
Abstained: 0
P. FUTURE AGENDA ITEMS: (ITEMS 26 -39)
Mayor Martinez referred to Future Agenda Items.City Manager Olson stated
that staff had planned presentations on Items 35,37,38,and 39.A council
member asked a question on Item 28.
26. Purchase of Taser Equipment for the Police Department
Motion approving the purchase of forty (40) Taser non-lethal weapons
with ancillary equipment for the Corpus Christi Police Department in
the amount of $60,736.40 from TASER International, Inc., Scottsdale,
Arizona based on sole source. Funds have been budgeted by the
Police Department in FY 2014-2015.
This Motion was recommended to the consent agenda.
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27. Purchase of Breathing Apparatus for the Fire Department
Motion approving the purchase of twenty(20) Breathing Apparatus for
the Corpus Christi Fire Department in the amount of$103,836.00 from
Municipal Emergency Services, Inc., Houston, TX. The award is based
on the cooperative purchasing agreement with the Houston-Galveston
Area Council of Governments (HGAC). Funds are available through
the General Fund.
This Motion was recommended to the consent agenda.
28. Purchase of actuators for raw water valves at the O. N. Stevens
Water Filtration Plant
Motion approving the purchase of four actuators from Rexa, Inc., of
West Bridgewater, Massachusetts based on sole source for a total
amount of$142,400.00. Funds have been budgeted by the Utilities
Department in FY 2014-2015.
This Motion was recommended to the consent agenda.
29. Supply Agreement for Firefighting Clothing
Motion approving a supply agreement with Casco Industries Inc.,
Houston, Texas for firefighting clothing consisting of ninety sets of
pants and coats, based on only bid, in accordance with Bid Event No.
6 for an estimated annual expenditure of $159,915.60 of which
$53,305.20 is required for the remainder of FY2014- 2015. The term
of the agreement will be for twelve (12) months with an option 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 Fire Department in FY 2014-2015.
This Motion was recommended to the consent agenda.
30. Supply Agreement for Cold Laid Asphalt& Pre-coated Aggregate
Motion approving a supply agreement with Vulcan Construction
Materials, San Antonio, Texas, for approximately 8,000 tons of cold
mix-cold laid asphalt and approximately 2,000 tons of pre-coated
aggregate, in accordance with Bid Event No. 16 based on only bid for
an estimated annual expenditure of $695,900 of which $231,966.66 is
required for FY 2014- 2015. The term of the contract will be for twelve
(12) months with an option to extend for up to two (2) additional twelve
month periods subject to the approval of the supplier and the City
Manager or his designee. Funds are available in the Material
Inventory Fund by the Street Operations Department in FY 2014-
2015.
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This Motion was recommended to the consent agenda.
31. Supply Agreement for Hot Mix Asphalt
Motion approving supply agreements with the following suppliers for
the following amounts for hot mix asphalt, based on lowest responsible
bid, awarding primary and secondary agreements, in accordance with
Bid Event No. 5 for an estimated semi-annual expenditure of $989,085
of which $659,390 is required for FY 2014-2015. The term of the
agreements shall be for six months with options to extend for up to five
additional six month periods, subject to the approval of the suppliers
and the City Manager or designee. Funds have been budgeted by
Street Services in FY 2014-2015.
HAC MATERIALS, LTD. Bay, LTD.
Corpus Christi, Texas Corpus Christi, Texas
$936,937.50 $52,147.50
Primary Supplier Secondary Supplier
Grand Total: $989,085.00
This Motion was recommended to the consent agenda.
32. Supply Agreement for Crushed Limestone
Motion approving a Supply Agreement with Vulcan Construction
Materials, San Antonio, Texas, for approximately 16,000 tons of
crushed limestone in accordance with Bid Event No. 15 based on low
responsible bid, for an estimated annual expenditure of$348,000 of
which $100,000 is required for FY 2014-2015.The term of the
contract will be for twelve months with an option to extend for up to two
additional twelve month periods subject to the approval of the supplier
and the City Manager or his designee. Funds are available in the
Material Inventory Fund by the Street Operations Department in FY
2014- 2015.
This Motion was recommended to the consent agenda.
33. Service Agreements for Custodial Services
Motion approving service agreements for custodial services for
Aviation and City Hall with the following companies for the following
amounts in accordance with Bid Event No. 29, based on lowest
responsible bid for an estimated annual expenditure of $251,039.04, of
which $83,679.68 is required for the remainder of FY 2014-2015. 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
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approval of the Contractor and the City Manager or designee. Funds
have been budgeted by Aviation and Facilities & Property
Management Departments in FY 2014-2015.
ABM Janitorial Services ISS Facility Services, Inc.
Corpus Christi, TX Corpus Christi, TX
Aviation City Hall
$141,119.04 $109,920.00
Grand Total $251,039.04
This Motion was recommended to the consent agenda.
34. Submission of grant application for Body-worn Camera Pilot
Implementation Program for the Police Department
Resolution authorizing the City Manager, or designee, to submit a
grant application in the amount of$125,000 to the U.S. Department of
Justice for funding eligible under the FY 2015 Body-Worn Camera
Pilot Implementation Program with City in-kind match of$50,000 and
cash match of$75,000 from the Law Enforcement Trust Fund for a
total project cost of$250,000.
This Resolution was recommended to the consent agenda.
35. Third Party Administrator, Stop Loss Insurance and Self-Insured
Employee Health Benefits
Resolution authorizing the City Manager or designee to negotiate and
execute a contract with UnitedHealthcare, Houston, Texas, for the
provision of third-party administration of the City of Corpus Christi's
self-funded employee health and dental plans, for providing and
administering a provider network, and for the provision of stop-loss
insurance coverage in accordance with Request for Proposal Event
Number 41; and authorizing the City Manager or his designee to
negotiate and execute a contract with Express Scripts, Inc., Saint
Louis, Missouri for the provision of the pharmacy benefit management
portion of the City of Corpus Christi's self-funded employee health plan
in accordance with Request for Proposal Event Number 41.
This Resolution was recommended to the consent agenda.
36. Amendment No. 1 to the Professional Services Contract to
provide consultant services for technical assistance with projects
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and management
Motion authorizing the City Manager, or his designee, to execute
Amendment No. 1 to the Professional Services contract between the
City of Corpus Christi and LNV, Inc. in the amount of$215,000, for a
total restated fee not to exceed $265,000, for staff augmentation to the
Utility and Public Works Departments, including professional
engineering services for projects management, programs
management, and land development technical issues.
This Motion was recommended to the consent agenda.
37. Interlocal Agreement for the Regional Parkway Planning and
Environmental Linkages (PEL) Feasibility Study project
Resolution authorizing the City Manager, or designee, to execute all
documents necessary to approve an Interlocal Agreement with the
Metropolitan Planning Organization (MPO) regarding the participation
in the local funding shares required for the planning project known as
the Regional Parkway Planning and Environmental Linkages (PEL)
Study ("PROJECT").
This Resolution was recommended to the consent agenda.
38. Design -Build Agreement for Ayers Street CNG Station
Motion authorizing the City Manager, or designee, to execute a Design
- Build Agreement with Zeit Energy, LLC. of Dallas, Texas in the
amount of$1,597,271.39 for the Ayers Street CNG Station Project for
the Base Bid plus Contractor Proposed Pricing Options 1, 2 and 3
This Motion was recommended to the consent agenda.
39. Resolution amending City Council Policy No. 9
Resolution amending City Council Policy No. 9, entitled Community
Development Block Grant and HOME Programs by revising the
language in section f.; and reaffirming the objectives and guidelines of
the policy.
This Resolution was recommended to the consent agenda.
Q. BRIEFINGS: (40 -45)
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40. Water Rates -Discussion#1
Mayor Martinez referred to Item 40.Executive Director of Utilities Mark Van
Vleck stated that the purpose of this item is to begin discussions on alternative
to explore for the water rate.Mr.Van Vleck provided information on the
following alternatives:increasing minimums and creating a program to assist
lower income customers;increasing first increment of block rates to 100%;
adopting rates in May or June of each year with an effective date of January 1st
to provide more predictable budgeting for both the city and customers;
adopting rates every two years;and establishing a separate storm water rate.
Council members spoke regarding the following topics:separating the storm
water rate;communication with stakeholders on the storm water rates and
consideration of incentives to reduce runoff on-site;the timeframe for
addressing the storm water rate;informing customers that the storm water
portion of the water rate will be separated on the utility bill;support for
adopting the rate every two years;exploring efficiencies regarding the bill
system;the ability to pay utility payments by phone;and the cost of utilitizing
the distribution system.
41. Job Order Contracts Construction Program
Mayor Martinez referred to Item 41.Jerry Shoemaker,Senior Project Manager
for Capital Programs,stated that the purpose of this item is to discuss the Job
Order Contract(JOC)Program.Mr.Shoemaker presented the following
information:the background,authority and applicability for job order
contracting;the benefits of using the JOC method; how pricing is determined;
the JOC program process;the request for proposal(RFP)and award selection
process;and results from the 2014 RFP,contract evaluation,and award.
Council members spoke regarding the following topics:the scoring process;
development of a clearer evaluation process to be more transparent; how
JOC's reduce time on projects;an explanation on pricing,unit price book and
RS Means;the individual authorized to approve delivery orders;and
continuing to use a competitive process for small construction projects.
42. Consolidated Annual Action Plan FY2015
Mayor Martinez referred to Item 42.Director of Housing and Community
Development Eddie Ortega stated that the purpose of this item is to provide an
overview of the FY2015 Consolidiated Annual Action plan process.Mr.Ortega
provided the following information:the citizens'participation process;the
funding amount the City will receive from the U.S.Housing and Urban
Development(HUD)for 2015-2016;additional funds that will be provided;the
request for proposal(RFP)and evaluation process to receive funding for
Community Development Block Grant(CDBG),Home Investment Partnerships
Program(HOME) and Emergency Solutions Grant(ESG)programs;and future
action.Mr.Ortega explained that for FY2016 funding,Housing and Community
Development will include in the a pre-application for HOME funding,a list of
"mandatory"amenities which will be required in order to receive a resolution
of support for a proposed tax credit development project Mr.Ortega provided
a brief overview of the proposed mandatory amenities.Council members
spoke regarding the following topics:including the amenities as part of the
criteria for HOME funding; background information regarding CDBG the
funding request for land acquisition and/or homeless facility rehabilitation;
when the homeless issues strategies update will be presented;the deadline for
submission;moving the first reading to the June 23rd meeting; having the
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public hearing prior to first reading in the future;and whether staff received
feedback from tax credit developers on the City's mandatory amenities.
43. Development Services Update
Mayor Martinez referred to Item 43.Assistant Director of Development Services
Julio Dimas stated that the purpose of this item is to provide an update on the
Development Services Department.Mr.Dimas read the department's mission
statement and provided an explanation of the purpose of development codes,
platting and zoning and building codes.Mr.Dimas reported on the following:
improvements made in Development Services over the last three(3)years;the
overall development process;metrics that reflect plan reviews responses,the
number of permits issued,and the number of inspections performed;results
from the customer survey;and a summary of the improvements.Council
members spoke regarding the following topics:improvements made to be
more responsive to customers and expedite the process; information on the
Citizens'Review Panel;and outreach improvements.
44. Quarterly Report on Code Enforcement Activities
Mayor Martinez referred to Item 44.Police Captain David Blackmon stated that
the purpose of this item is to provide the Code Enforcement Division's
qiarter;u report.The report is intended to update the City Council with a
summary of the division's efforts to eliminate blighted conditions;educate and
inform the public;reduce opportunities for criminal activity;and improve the
quality of life in neighborhoods.Captain Blackmon provided a brief overview
on:the objectives and purpose of the division;strategies to establish and
expand law enforcement partnerships and volunteer programs,market code
enforcement positively,create visibility and expand education,and find lasting
solutions for blighted conditions;Code Enforcement staffing;statistics on
inspections and violations;and the Code Enforcement process.Council
members spoke regarding the following topics:the tremendous improvement
made to address code enforcement;the focus on compliance;the
department's quick response;exploring the ability for online public access to
provide information on code enforcement and track the process; how the
determination is made to place compliance officers in areas around the City;
the need for additional public awareness on the CCMobile application and
bulky trash pickup;the process to report code enforcement violations;and
neighborhoods developing relationships with their code enforcement officers.
45. Park Maintenance
Mayor Martinez referred to Item 45.Acting Director of Parks and Recreation
Stacie Talbert Anaya stated that the purpose of the item is to provide an update
on park maintenance program and initiatives to improve operations.Ms.Anaya
provided an overview on:the Park Operations Team;the Strike Force/Priority
Response Team and issues addressed;mowing consolidation efficiencies,
improvements and next steps;and how park maintenance enhancement funds
will be utilized.Council Members spoke regarding the following topics:
positive feedback from agencies that work with the Parks and Recreation
Department; how levels of maintenance are determined;how to access the
maintenance levels online;and creation of the master plan maintenance
handbook.
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R. LEGISLATIVE UPDATE:
None.
CONSENT AGENDA: (ITEMS 6 - 16)
15. Second Reading Ordinance-Appropriating Funds and Amending
the Service Agreement for Strategic Planning Services (1st
Reading 5/26/15)
Ordinance appropriating $53,997 from the unreserved fund balance in
the No.4610 Airport Fund for the Airport's share of Goody Clancy
Amendment No. 2 for strategic planning services project at Corpus
Christi International Airport; and amending the FY2014-2015
Operating Budget adopted by Ordinance No. 030294 to increase
expenditures by$53,997; authorizing the City Manager, or designee,
to execute Amendment No. 2 to a contract with Goody Clancy and
Associates Inc., of Boston, Massachusetts in the amount of$72,835
for a total re-stated fee not to exceed $1,409,641 for Strategic
Planning Services.
Mayor Martinez referred to Item 15.City Secretary Huerta said there is an
amendment that needs to be made to correct an amount and requested that the
City Council reconsider the item.Council Member McIntyre made a motion to
reconsider Item 15,seconded by Council Member Riojas and passed
unanimously.Interim Procurement Manager Gabriel Maldonado requested to
amend the total restated fee amount not to exceed$1,409,641 to instead read
$1,609,635.Council Member McIntyre made a motion to approve the
amendment as presented,seconded by Council Member Riojas.The motion to
amend was passed and approved with the following vote:Martinez,Vaughn,
Magill,McIntyre,Riojas,and Rosas,voting"Aye";Rubio voting"No";Garza
was absent;Scott abstained.Council Member McIntyre made a motion to
approve the ordinance as amended,seconded by Council Member Riojas.This
Ordinance was passed on second reading as amended with the following vote:
Aye: 6- Mayor Martinez, Council Member Magill, Council Member McIntyre,
Council Member Riojas,Council Member Rosas and Council Member
Vaughn
Nay: 1 - Council Member Rubio
Absent: 1 - Council Member Garza
Abstained: 1 - Council Member Scott
Enactment No:030519
S. ADJOURNMENT
The meeting was adjourned at 7:30 p.m.
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