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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 September 20, 2016 which were approved by the City
Council on September 27, 2016.
WITNESSETH MY HAND AND SEAL, on this the 27th day of September, 2016.
(1.+11A-C-r1U—
Rebecca Huerta
City Secretary
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Meeting Minutes
City Council
•
Tuesday,September 20,2016 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 Rob Bailey, Southside Community Church.
Pastor Rob Bailey gave the invocation.
C. Pledge of Allegiance to the Flag of the United States to be led by Daniel McGinn,
Interim Director of Development Services and Assistant Director ESI,
Development Services.
Interim Director of Development Services Daniel McGinn 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 verified that a quorum of the
City Council and the required Charter Officers were present to conduct the
meeting.
Charter Officers:
City Manager Margie C.Rose,City Attorney Miles K.Risley and City Secretary
Rebecca Huerta.
Present: 8- Mayor Nelda Martinez,Council Member Rudy Garza,Council Member
Michael Hunter,Council Member Chad Magill,Council Member Colleen
Mclntyre,Council Member Lucy Rubio,Council Member Brian Rosas,and
Council Member Carolyn Vaughn
Absent: 1 - Council Member Mark Scott
E. Proclamations/Commendations
1. Proclamation declaring September 17, 2016, "Mission of Mercy Mobile
Medical Program Clinic Day".
Proclamation declaring September 24, 2016, "Coastal Bend Walk'N
Roll Celebration for Disability Awareness Day".
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Proclamation declaring October 1, 2016, "Corpus Christi Heart Walk
Day".
Proclamation declaring October 2016, "The Official Kickoff of the 2017
United Way of the Coastal Bend Annual Campaign".
Mayor Martinez presented the proclamations.
G. CITY MANAGER'S COMMENTS/UPDATE ON CITY OPERATIONS:
Mayor Martinez deviated from the agenda and referred to City Manager's
Comments.City Manager Margie C.Rose reported on the following topics:
a. OTHER
1)The Santa Fe Street grand opening is scheduled for Thursday,September
22,2016 beginning at 9:00 a.m.at the Gaslight Square parking lot,located at
the corner of Santa Fe Street and Buford Avenue.Voters approved this project
and the reconstruction included new sidewalks,curb and gutter,ADA ramps,
and underground utility improvements.2)Engineering Services will hold a
public hearing to discuss the street design of Flato Road on September 29,
2016 at 5:30 p.m.at City Hall,6th floor. Voters approved this Bond 2014
project,from Agnes Street to Bates Road,including a full-depth reconstruction
and slight widening of the existing two-lane road,with ADA compliant
sidewalks for the developed portion of the roadway.The utility improvements
include new water,wastewater and storm water systems with a new storm
water outfall to a nearby channel to help alleviate the flooding along that road.
3)The Solid Waste Department sponsored a glass recycling collection event
last Saturday.The event was successful with local residents bringing in nearly
8 tons of glass.The next glass recycling event will be December 10,2016 from
9:00 a.m.to 3:00 p.m.at Padre Isles Property Owners'Association located at
14051 Fortuna Bay. 4)The Corpus Christi-Nueces County Public Health
District is gearing up for flu season.Residents will have an opportunity to get
flu shots at the drive-through flu clinic on Saturday,October 1,2016 from 9:00
a.m.at 1:00 p.m.at 1701 Home Road.The cost of the flu shot is$30.00 and
payment will be limited to cash or check.
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 choose to speak during this public comment
period regarding an item on the agenda,you may do so. You will not be allowed
to speak again, however,when the Council is considering the item. 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.William Goldston,13721 Tajamar Ct.,reported on the topics discussed
by the Island Strategic Action Committee(ISAC):1)support to utilize funds
from the Tax Increment Financing Zone(TIRZ),up to a maximum of$4 million,
to fund the Park Road 22 Bridge with a caveat that all City bond funds have
been expended;2)approval to submit the draft 2016 Mustang/Padre Island
Area Development Plan to the Planning Commission;and 3)support for the
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City to enter into a multi-year contract with Texas A&M University-Corpus
Christi for monitoring of Packery Channel.Jack Gordy,4118 Bray,spoke
regarding the palm trees located in the 1300 block of Airline Road.Sherry Sell,
5014 Wingfoot,provided information on the enforcement benefits of using the
Parking Mobility App.Abel Alonzo,1701 Thames,spoke regarding his work as
a community activist and the treatment he received by a citizen at the previous
Council meeting.Gloria Randall Scott,4422 S.Alameda,asked the City Council
to consider appointing Guy Nickelson to fill the At-Large position vacated by
Council Member Mark Scott.John Kelley,3621 Austin,stated that
Neighborhoods First!does not oppose ISAC's recommendation to use TIRZ
funds on the Park Road 22 Bridge,but does oppose spending the funds before
the City fulfills its obligations to complete the six pack of amenities on/around
the beach.Mr.Kelley also responded to accusations made about him regarding
annexation of Chapman Ranch.Susie Luna Saldana,4710 Hake!,spoke in
opposition to Agenda Item 29,the establishment of a resource recovery fee for
hazardous cart collection.Margareta Fratila,3606 Tripoli,spoke regarding the
citizen initiative to repeal the red light camera civil penalty and stated that the
initiative does not include terminating the contract for the red light cameras.
Shirley Thornton,1917 Woodcrest Dr.,invited the City Council to attend the 1st
General Meeting of the Flour Bluff Citizens Council on Tuesday,September 27,
2016 at 6:00 p.m.at Grace Community Church.
H. CITY SECRETARY'S REPORT
Mayor Martinez referred to City Secretary's Report.City Secretary Rebecca
Huerta reported on the following topic:
a. Resignation of Council Member Mark Scott
Council Member Mark Scott tendered his resignation to the City Council on
September 14,2016.At the City Council's request,this item was placed on the
agenda to discuss the Council's plans moving forward.
The City Council discussed the following topics:to not make an appointment
to fill the vacant position before the November 8,2016 election;the language in
the City Charter,Article 2,Section 1(b);the City Charter and Texas Constitution
holdover provisions and whether Council Member Scott still has the
authority/requirement to act as a Council Member at this time due to
provisions in the City Charter and the Texas Constitution;and to hire outside
legal counsel to investigate the validity of Council Member Scott's resignation.
MOTION OF DIRECTION
Council Member Vaughn made a motion directing the City Manager to hire
outside legal counsel to investigate the validity of a resignation that attempts
to subvert the City Charter term limits for the express purpose of running for
public office,seconded by Council Member Rubio and passed unanimously.
MINUTES:
2. Regular Meeting of September 13, 2016.
Mayor Martinez referred to approval of the minutes.Council Member Garza
made a motion to approve the minutes,seconded by Council Member Hunter
and passed unanimously.
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J. BOARD & COMMITTEE APPOINTMENTS:
3. Citizens Advisory Health Board
Coastal Bend Council of Governments
Ethics Commission
Library Board
Transportation Advisory Commission
Mayor Martinez referred to board and committee appointments.The following
appointments were made:
Citizens Advisory Health Board
Council Member Magill made a motion to appoint Raymond Martin Johnson,
seconded by Council Member McIntyre and passed unanimously.
Coastal Bend Council of Governments
Council Member Garza made a motion to realign Margie Rose to one of the
vacant Regular Member slots and appoint Mark Van Vleck as an Alternate
Member,seconded by Council Member McIntyre and passed unanimously.
Council Member Garza made a motion to table the appointment of the position
vacated by Council Member Scott,seconded by Council Member Vaughn and
passed unanimously.
Ethics Commission
City Secretary Rebecca Huerta announced that Council Member Magill would
be abstaining from the vote on the Ethics Commission appointments.
City Secretary Huerta stated that Section 2-323 of the City's Code of
Ordinances states that a member shall hold office until his successor has been
appointed and shall continue to hold office after his successor has been
appointed for the limited purpose of disposition of all complaints filed and for
which presentation of evidence was commenced during that member's term.
Current members,Ken Bung and Harry Hallows,are currently considering a
case and staff is requesting that the City Council make the appoint to replace
the two members with a term beginning October 12,2016.
Council Member McIntyre made a motion to appoint Craig Rogers and Richard
Hood with a term beginning 10-12-16,seconded by Council Member Garza and
passed unanimously;Council Member Magill abstained.
Library Board
Mayor Martinez made a motion to appoint Candace S.Hart,seconded by
Council Member Magill and passed unanimously.
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Transportation Advisory Commission was pulled by staff.
K. EXPLANATION OF COUNCIL ACTION:
L. CONSENT AGENDA: (ITEMS 4-21)
Approval of the Consent Agenda
Mayor Martinez referred to the Consent Agenda.There were no comments from
the public.Council Members requested that Items 6,7,10 and 11 be pulled for
individual consideration.
Council Member Magill made a motion to approve the consent agenda,
seconded by Council Member Hunter.The consent agenda items were
approved by one vote as follows:
Aye: 8- Mayor Martinez, Council Member Garza, Council Member Hunter, Council
Member Magill,Council Member McIntyre, Council Member Rubio,
Council Member Rosas and Council Member Vaughn
Absent: 1 - Council Member Scott
Abstained: 0
4. Motion approving lease-purchase of 11 Ford Escape vehicles
Motion approving the lease-purchase of 11 Ford Escape vehicles from
Caldwell Country Ford-Chevrolet, Caldwell, Texas for a total amount
not to exceed $236,374.15. The award is based on the cooperative
purchasing agreement with Texas Local Government Purchasing
Cooperative (TLGPC), dba BuyBoard.
Total Lease-Purchase Price: $221,511.00
Total Allowable Interest for Lease: $14,863.15
Grand Total: $236,374.15
This Motion was passed on the Consent Agenda.
Enactment No: M2016-103
5. Motion approving the supply agreement for Fire Department
medications
Motion approving the Supply Agreement for Fire Department
Medications from Life-Assist, Inc. Rancho Cordova, California for a
total contract amount of$163,867.84. The award is based on the
lowest, responsive, responsible bidder. Funds have been budgeted by
the Fire Department in FY 2016-2017. The term of this contract will be
for one year.
This Motion was passed on the Consent Agenda.
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Enactment No: M2016-104
8. Contract for base bid for the Ocean Drive Park Improvements -
Swantner Park(Bond 2012, Proposition 4)
Motion authorizing the City Manager, or designee, to execute a
construction contract with DMB Construction of Corpus Christi, Texas
in the amount of$842,006.56 for the Ocean Drive Park Improvements
- Swantner Park for the Base Bid. (Bond 2012, Proposition 4)
This Motion was passed on the Consent Agenda.
Enactment No: M2016-107
9. Engineering Design Services Contract for Flato Road from Agnes
Street to Bates Road (Bond 2014, Proposition 2)
Motion authorizing the City Manager, or designee, to execute a
contract for engineering design services with CH2M Hill Engineers, Inc.
of Corpus Christi, Texas in the amount of$488,862.00 for the Flato
Road from Agnes Street to Bates Road project. (BOND 2014
Proposition 2)
This Motion was passed on the Consent Agenda.
Enactment No: M2016-108
12. Approving the lease-purchase of two Aerial Bucket Trucks
Motion approving the lease-purchase of two Aerial Bucket Trucks from
Grande Truck Center, of San Antonio, Texas for a total amount not to
exceed $207,558.68. Each bucket truck will be equipped with a
hydraulic boom, end mount basket and necessary safety equipment.
The award is based on the cooperative purchasing agreement with
Texas Local Government Purchasing Cooperative (TLGPC), dba
BuyBoard. Funds will be budgeted by the Information Technology
Department.
Total Lease-Purchase Price: $194,450.20
Total Allowable Interest for Lease: $13,108.48
Grand Total: $207,558.68
This Motion was passed on the Consent Agenda.
Enactment No: M2016-110
13. Construction Contract for Cefe Valenzuela Outfall Modifications
Motion authorizing the City Manager, or designee, to execute a
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construction contract with Bridges Specialties, Inc. of Robstown, Texas
in the amount of$151,783.50 for the Cefe Valenzuela Outfall
Modifications for the total base bid.
This Motion was passed on the Consent Agenda.
Enactment No: M2016-111
14. Resolution approving a Type A Grant for LiftFund, Inc.
Resolution approving a Small Business Incentives Agreement between
the Corpus Christi Business and Job Development Corporation and
LiftFund, Inc. (LiftFund)to provide grant up to$250,000 for their loan
buy-down program 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 Small Business Incentives Agreement.
This Resolution was passed on the Consent Agenda.
Enactment No:030955
15. Resolution approving Type A Grant for Service Corps of Retired
Executives (SCORE) Chapter 221
Resolution approving an amended Small Business Incentives
Agreement between the Corpus Christi Business and Job
Development Corporation and Service Corps of Retired Executives
(SCORE) Chapter 221 to provide a grant up to$52,600 for their small
business assistance program 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
Small Business Incentives Agreement.
This Resolution was passed on the Consent Agenda.
Enactment No:030956
16. Second Reading Ordinance -Accepting a grant for the 2017
Comprehensive Selective Traffic Enforcement Project(STEP) (1st
Reading 9/13/16)
Ordinance authorizing the City Manager or designee to execute all
documents necessary to accept a grant from the Texas Department of
Transportation (TXDOT) in the amount of$120,482.80 for the 2017
Comprehensive Selective Traffic Enforcement Project(STEP)within
the Police Department, for Driving While Intoxicated (DWI), Speed
enforcement, and distracted driving overtime, with a city match of
$42,158.03, for a total project cost of$162,640.83 and appropriating
$120,482.80 in the No. 1061 Police Grants Fund
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This Ordinance was passed on second reading on the Consent Agenda.
Enactment No: 030957
17. Second Reading Ordinance-Accepting a grant for the FY 2016
Edward Byrne Memorial Justice Assistance Grant(JAG) Program
(1st Reading 9/13/16)
Ordinance authorizing the City Manager or designee to execute all
documents necessary to accept a grant from the U. S. Department of
Justice, Bureau of Justice Assistance, in the amount of$163,004 for
the FY 2016 Edward Byrne Memorial Justice Assistance Grant(JAG)
Program; and Appropriating the$163,004 in the No. 1061 Police
Grants Fund to fund the enhancement of law enforcement efforts by
the Police Department and Nueces County under an established
interlocal agreement which provides that 50% of the funds be
distributed to Nueces County.
This Ordinance was passed on second reading on the Consent Agenda.
Enactment No: 030958
18. Second Reading Ordinance-Accepting a grant of the Laboratory
Response Network(LRN)-Public Health Emergency Preparedness
(PHEP) (1st Reading 9/13/16)
Ordinance authorizing the City Manager or designee to execute all
documents necessary to accept an amendment to a grant contract for
the Community Preparedness Section - Laboratory Response Network
- Public Health Emergency Preparedness (CPS-LRN-PHEP)grant in
the amount of$201,123.00, increasing the total amount to
$402,246.00, from the Texas Department of State Health Services in
the No. 1066 Health Grants Fund, to provide continued emergency
preparedness laboratory services, for the amended contract period
July 1, 2015, through June 30, 2017; appropriating the increased grant
amount; and ratifying acceptance of the amended grant agreement to
begin June 1, 2016.
This Ordinance was passed on second reading on the Consent Agenda.
Enactment No: 030959
19. Second Reading Ordinance -Construction contract for the East
General Aviation (GA)Apron reconstruction at the Corpus Christi
International Airport(CCIA)(1st Reading 9/13/16)
Ordinance appropriating $2,300,000.00 from the Federal Aviation
Administration Grant No. 3-48-0051-053-2016 in the No. 3020 Airport
Capital Improvement Fund for the East General Aviation (GA)
Reconstruction; amending the FY 2015-2016 Capital Budget adopted
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by Ordinance No. 030621 by increasing revenues and expenditures
$2,300,000.00; and authorizing the City Manager, or designee, to
execute a construction contract with SpawGlass Construction of
Houston, Texas in the amount of$3,310,376.93 for the Base Bid plus
Additive Alternate One.
This Ordinance was passed on second reading on the Consent Agenda.
Enactment No:030960
20. Second Reading Ordinance-Type A Grant for Texas A&M
University-Corpus Christi to expand undergraduate degrees in
civil and industrial engineering (1st Reading 9/13/16)
Ordinance approving a Business Incentive Agreement between the
Corpus Christi Business and Job Development Corporation ("Type A
Corporation") and Texas A&M University-Corpus Christi to provide a
grant of$2,000,000 to expand its undergraduate degrees in civil and
industrial engineering and authorizing the City Manager, or designee,
to execute a Business Incentive Project Service Agreement with the
Type A Corporation regarding implementation and administration of
the Texas A&M University- Corpus Christi Business Incentive
Agreement; and appropriating $2,000,000 from the unreserved fund
balance in the No. 1140 Business/Job Development Fund for said
business incentive grant from the Type A Corporation to Texas A&M
University-Corpus Christi and changing the FY 2015-2016 operating
budget, adopted by Ordinance No. 030620, by increasing proposed
expenditures by$2,000,000.
This Ordinance was passed on second reading on the Consent Agenda.
Enactment No: 030961
21. Second Reading Ordinance -Transferring utility easements on
City-owned tracts to Electric Transmission Texas, LLC,for
construction of a 138 kilovolt electric power transmission line (1st
Reading 9/13/16)
Ordinance authorizing the City Manager to execute all documents to
transfer utility easements on City-owned tracts at Flour Bluff Drive &
Division Road and State Highway 358 at McDonald Street to Electric
Transmission Texas, LLC, for construction of a 138 kilovolt electric
power transmission line along Flour Bluff Drive between the Barney
Davis Substation to Naval Base Substation near Naval Air Station
Corpus Christi in exchange for said entities' construction of portions of
said transmission line underground for the purpose of reducing
potential conflicts with flight operations.
This Ordinance was passed on second reading on the Consent Agenda.
Enactment No: 030962
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6. Service Agreement for Palm Tree Trimming
Motion approving the Service Agreement for Palm Tree Trimming
Services from Woodstock Tree Surgeons Corpus Christi, Texas for a
total amount of$148,605.00. The award is based on the lowest,
responsive, responsible bidder. Funds have been budgeted by the
Parks and Recreation Department in FY 2016-2017. The term of this
contract will be for 12 months with options to extend for four additional
12 month periods, at the sole discretion of the City.
Mayor Martinez referred to Item 6,service for palm tree trimming.Interim
Director of Parks and Recreation Stacie Talbert Anaya responded to the
following council members'comments:how the palm trees are currently being
trimmed; how often the palm trees are trimmed;the work performed by
in-house trimming crews;the use of palm trees in the parks system;the
number of palm trees in the parks system;trimming of palm trees in Sherrill
Park;and concern with the maintenance related to palm trees.
Council Member Garza made a motion to approve the motion,seconded by
Council Member Rosas.This Motion was passed and approved with the
following vote:
Aye: 8- Mayor Martinez, Council Member Garza, Council Member Hunter, Council
Member Magill, Council Member McIntyre, Council Member Rubio,
Council Member Rosas and Council Member Vaughn
Absent: 1 - Council Member Scott
Abstained: 0
Enactment No: M2016-105
7. Approving a Manager-At-Risk Agreement for the Construction of
Fire Station 18 (Bond 2008, Proposition 2)
Motion authorizing the City Manager or designee to execute a
Construction Manager-At-Risk(CMAR)Agreement with Barcom
Construction of Corpus Christi, Texas in the amount not to exceed
$1,800,000 for the New Fire Station No. 18. (Bond 2008, Proposition
2)
Mayor Martinez referred to Item 7,approval of a Construction Manager-At-Risk
(CMAR)Agreement for the new Fire Station No.18(Bond 2008,Proposition 2).
In response to a council member,Director of Engineering Services Jeff
Edmonds stated that the groundbreaking for the project is scheduled for
October 19,2016.
Council Member Rubio made a motion to approve the motion,seconded by
Council Member Rosas.This Motion was passed and'approved with the
following vote:
Aye: 8- Mayor Martinez, Council Member Garza, Council Member Hunter, Council
Member Magill, Council Member McIntyre, Council Member Rubio,
Council Member Rosas and Council Member Vaughn
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Absent: 1 - Council Member Scott
Abstained: 0
Enactment No: M2016-106
10. Advance Funding Agreement for the construction on Holly Road
from State Highway (SH)286 to Greenwood Dr(Bond 2012
Propostion 1)
Resolution authorizing the City Manager, or designee, to execute an
Advance Funding Agreement with the Texas Department of
Transportation (TXDOT) for the construction on Holly Road from State
Highway (SH)286 to Greenwood Drive(Bond 2012 Proposition 1)with
the City's local participation in the amount of$50,000 for
reimbursement of direct state costs.
Mayor Martinez referred to Item 10,execution of an Advance Funding
Agreement for the construction on Holly Road from State Highway 286 to
Greenwood Drive(Bond 2012,Proposition 1).In response to a council member,
Executive Director of Public Works Valerie Gray stated that Development
Services staff is contacting the owners of Red Barn Daycare to discuss the
procedures for providing rear driveway access to a daycare.
Council Member Magill made a motion to approve the resolution,seconded by
Council Member Garza.This Resolution was passed and approved with the
following vote:
Aye: 8- Mayor Martinez, Council Member Garza, Council Member Hunter, Council
Member Magill, Council Member McIntyre, Council Member Rubio,
Council Member Rosas and Council Member Vaughn
Absent: 1 - Council Member Scott
Abstained: 0
Enactment No: 030954
11. Professional Services Agreements to provide necessary staff
support for engineering services
Motion authorizing the City Manager, or designee, to execute the
Professional Services Agreements (PSAs)totaling in the amount of
$994,578 to provide Engineering staff support for executing the Bond
and CIP programs.
Mayor Martinez referred to Item 11,professional services agreements to
provide necessary staff support for Engineering Services.Director of
Engineering Services Jeff Edmonds and Executive Director of Public Works
Valerie Gray responded to questions regarding the following topics:an
explanation of specialized services support;whether any of the contractors are
former city employees;Sonny Garza,Principal for Centerline ROW Service,
LLC being a former employee of Land Acquisition;the number of current
employees in Land Acquisition;plans to hire additional employees in Land
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Acquisition;the difference in pay rates for employees and individuals in the
private sector for land acquisition;whether there is a policy in place regarding
the length of time before former city employees can contract with the City;
Engineering Services'staff is currently working on a succession planning
process;and the number of vacancies that have been filled by Engineering
Services.
Council Member Garza made a motion to approve the motion,seconded by
Council Member Magill.This Motion was passed and approved with the
following vote:
Aye: 8- Mayor Martinez, Council Member Garza, Council Member Hunter,Council
Member Magill, Council Member McIntyre, Council Member Rubio,
Council Member Rosas and Council Member Vaughn
Absent: 1 - Council Member Scott
Abstained: 0
Enactment No: M2016-109
N. PUBLIC HEARINGS: (ITEMS 24 -27)
24. Public Hearing and First Reading Ordinance -Rezoning property
located at 1617 Paul Jones Avenue
Case No. 0816-04 MBA-Mi Mundo Daycare, LLC: A change in zoning
from the"RS-6" Single-Family 6 District to the "CN-1" Neighborhood
Commercial District in reference to Peary Place Annex"D", located on
the west side of Paul Jones Avenue between Brittany Drive and
Argonne Drive.
Planning Commission and Staff Recommendation (August 24, 2016):
Approval of the rezoning from the"RS-6" Single-Family 6 District to the
"CN-1" Neighborhood Commercial District.
Ordinance:
Ordinance amending the Unified Development Code ("UDC"), upon
application by MBA-Mi Mundo Daycare, LLC, on behalf of BAPS
Corpus Christi, LLC ("Owner") by changing the UDC Zoning Map in
reference to Peary Place Annex"D", from the "RS-6"Single-Family 6
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 deviated from the agenda and referred to Item 24.Interim
Director of Development Services Daniel McGinn stated that the purpose of
this item is to rezone the subject property to redevelop an existing building
into a day care facility.Mr.McGinn stated that the Planning Commission and
staff are in favor of the zoning change.
Mayor Martinez opened the public hearing.There were no comments from the
Council or the public.Mayor Martinez closed the public hearing.
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City Secretary Huerta announced that Council Member Magill was abstaining
from the vote on this item.
Council Member McIntyre made a motion to approve the ordinance,seconded
by Council Member Garza.This Ordinance was passed on first reading and
approved with the following vote:
Aye: 7- Mayor Martinez, Council Member Garza, Council Member Hunter, Council
Member McIntyre, Council Member Rubio, Council Member Rosas and
Council Member Vaughn
Absent: 1 - Council Member Scott
Abstained: 1 - Council Member Magill
25. Public Hearing and First Reading Ordinance -Rezoning property
located at 3113 S. Port Avenue
Case No. 0816-01 Maria G. Lopez: A change in zoning from the
"RS-6" Single-Family 6 District to the"CN-1" Neighborhood
Commercial District in reference to a 0.037 acre tract of land,
described as the remainder of lot 2, Block 6 of the San Diego Addition
Unit 1, located on the east side of Niagara Street between Guadalupe
Street and Nogales Street.
Planning Commission and Staff Recommendation (August 24, 2016):
Approval of the change of zoning from the"RS-6"Single-Family 6
District to the"CN-1" Neighborhood Commercial District.
Ordinance:
Ordinance amending the Unified Development Code ("UDC"), upon
application by Maria G. Lopez ("Owner"), by changing the UDC Zoning
Map in reference to a 0.037 acre tract of land, described as being the
remainder Lot 2, Block 6 of the San Diego Addition Unit 1, from the
"RS-6" Single-Family 6 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 25.Interim Director of Development Services
Daniel McGinn stated that the purpose of this item is to rezone the subject
property to allow for the development of a fast food restaurant.Mr.McGinn
stated that the Planning Commission and staff are in favor of the zoning
change.
Mayor Martinez opened the public hearing.Roland Martinez,resident of San
Antonio,TX;stated that he has two rental properties near the subject property
and asked questions regarding the following issues:the location of the
dumpster and grease trap;the material that will be used to create a retaining
wall;and debris from the property.Mr.McGinn stated that these items will be
addressed during the site development as required by the Unified Development
Code.Mayor Martinez closed the public hearing.
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Council Member Garza made a motion to approve the ordinance,seconded by
Council Member McIntyre.This Ordinance was passed on first reading and
approved with the following vote:
Aye: 6- Mayor Martinez, Council Member Garza, Council Member Magill, Council
Member McIntyre, Council Member Rosas and Council Member Vaughn
Nay: 2- Council Member Hunter and Council Member Rubio
Absent: 1 - Council Member Scott
Abstained: 0
26. Public Hearing and First Reading Ordinance -Rezoning property
located at 5702 Corsica Road
Case No. 0716-06 Corner Strong, Ltd.: A change of zoning from the
"CN-1" Neighborhood Commercial District and "CG-2" General
Commercial District to the"CG-2" General Commercial District. The
property is described as being a 4.99-acre tract of land of which 4.52
acres is out of Lots 17, 18, 31 and 32, Section 11, Flour Bluff and
Encinal Farm Garden Tracts and 0.47 acres is out of Lot 11, Block 2,
Barclay Grove Unit 11, located on the east side of South Staples
Street (FM 2444) between Corsica Road and Timbergate Drive.
Planning Commission and Staff Recommendation (August 24, 2016):
Denial of the change of zoning from the "CN-1" Neighborhood
Commercial District and the"CG-2" General Commercial District to the
"CG-2" General Commercial District, and, in lieu thereof, approval of
the "CN-1/SP" Neighborhood Commercial District with a Special
Permit, subject to the Owner complying with eleven (11) conditions
and the conceptual site plan.
Ordinance:
Ordinance amending the Unified Development Code ("UDC"), upon
application by Corner Strong, Ltd ("Owner"), by changing the UDC
Zoning Map in reference to a 4.99-acre tract of land of which 4.52
acres is out of Lots 17, 18, 31 and 32, Section 11, Flour Bluff and
Encinal Farm Garden Tracts and 0.47 acres is out of Lot 11, Block 2,
Barclay Grove Unit 11, from the"CN-1" Neighborhood Commercial
District and "CG-2"General 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 26.Interim Director of Development Services
Daniel McGinn stated that the purpose of this item is to rezone the subject
property to allow for the development of a mini-storage facility.Mr.McGinn
stated that the Planning Commission and staff recommend denial of the
"CG-2"General Commercial District,and,in lieu thereof,approval of the
"CN-1/SP"Neighborhood Commercial District with a Special Permit,subject to
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11 conditions.
Mayor Martinez opened the public hearing.There were no comments from the
Council or the public.Mayor Martinez closed the public hearing.
Council Member Garza 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: 6- Mayor Martinez, Council Member Garza, Council Member Hunter,Council
Member Magill, Council Member Rubio and Council Member Rosas
Absent: 3- Council Member McIntyre, Council Member Scott and Council Member
Vaughn
Abstained: 0
27. Public Hearing and First Reading Ordinance -Plan CC, The City's
Proposed Comprehensive Plan
Ordinance adopting a new comprehensive plan for the City of Corpus
Christi titled "Plan CC Comprehensive Plan"; providing that the
adopted comprehensive plan shall amend, supersede, and replace the
previous comprehensive plan titled "City of Corpus Christi Policy
Statements: An Element of the Comprehensive Plan"; and providing
for severance, publication and effective date.
Mayor Martinez referred to Item 27.Annika Yankee,Development Services,
stated that the purpose of this item is to hold the public hearing and first
reading on the latest draft of Plan CC,review the Planning Commission's
recommendations,and seek input on additional changes to the plan desired by
the City Council.Plan CC is the City's proposed 20-year comprehensive plan
that would replace the current comprehensive plan that was adopted in 1987.A
comprehensive plan is a city's general guide for how it should grow
economically and physically.
Ms.Yankee presented the following information:the proposed schedule to
adopt the comprehensive plan;the process to-date;the contents of the plan
including:the vision statement,guiding principles,goals and strategies,and
future land use map;general changes requested by City Council;the
documents presented for review;and Planning Commission's changes to the
plan.The Planning Commission's changes included:general revisions;
Element 1 -Natural Systems,Parks and Recreation:added a goal about
reducing air pollution;Element 3-Housing&Neighborhoods:added a goal
about residential development in high-growth corridors; Element 4-Economy
&Workforce:increased discussion of military facilities,tourism/convention
industry,and supporting the Port of Corpus Christi; Element 6-Infrastructure,
Facilities&Services:added a goal about equal provision of emergency
services,added a goal about planning for infrastructure to accommodate infill,
revitalization and new development,and added more specific strategies to
update utility master plans;Element 7-Future Land Use,Zoning&Urban
Design:eliminated land use principles,added strategies about monitoring
current development against infrastructure needs,and clarified the intent of
well-designed neighborhoods and built environments,added strategy about
land use compatibility around military installations,added a strategy about
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orderly growth,and eliminated the 1-37 Transition District from the Future Land
Use Map,but kept a general goal stating transitions have occurred from
residential to non-residential uses.
Council members discussed the following topics:changes to the plan's
wording that may have given a mandatory effect;the changes to the land use
maps;the land use maps for Flour Bluff,Turtle Cove,and Laguna Shores;the
timeframe for the area development plans and master utility plans;the
development plans for the Airport and Southside;whether the Charter
specifies the timeframe to review the Comprehensive Plan;review of the plan
every 5 years;and creation of a Planning Department.
Mayor Martinez opened the public hearing.John Kelley,3621 Austin,
representing Neighborhoods First!and Bay Area Smart Growth,said that
public and professional input that was provided regarding the plan was
ignored and the plan was created to satisfy developers.Mr.Kelley added that
the plan does not include:inclusive zoning;associated costs;mandatory
requirements;commitments;area development plans;or disparity.Mayor
Martinez closed the public hearing.
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: 6- Mayor Martinez, Council Member Garza, Council Member Hunter,Council
Member Magill, Council Member McIntyre and Council Member Vaughn
Nay: 2- Council Member Rubio and Council Member Rosas
Absent: 1 - Council Member Scott
Abstained: 0
M. EXECUTIVE SESSION: (ITEMS 22 -23)
Mayor Martinez referred to the day's executive sessions.The Council went into
executive session.
23. Executive Session pursuant to Texas Government Code§ 551.071
and Texas Disciplinary Rules of Professional Conduct Rule 1.05 to
consult with attorneys concerning legal issues related to litigation
related to the New Broadway Wastewater Treatment Plant, including
Graham Construction Services, Inc. v. City of Corpus Christi and other
actions in open session concerning matters related thereto including
Motion(s) to authorize the execution of agreements and encumbrance
of funds for legal, engineering, and other professional consulting
and/or expert witness services and associated court reporter, copy,
and travel costs for the aforementioned lawsuit with the law firms of
Coats Rose and Hartline Dacus Barger Dreyer, LLP and the
consulting/engineering/expert firms of Navigant Consulting, Inc. (in
addition to previously authorized funding for said entity), Scott Hibbs,
PE and/or Enprotec/ Hibbs&Todd, Inc.
Mayor Martinez deviated from the agenda and referred to Item 23 and the
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following motion was considered:
Motion to authorize the execution of agreements and encumbrance of funds
for legal,engineering,and other professional consulting and/or expert witness
services and associated court reporter,copy,and travel costs for the lawsuit of
Graham Construction Services,Inc.v.City of Corpus Christi in amounts not to
exceed,for estimated Fiscal Year 2016-2017 expenditures,a total of$872,500
with the law firms of Coats Rose and Hartline Dacus Barger Dreyer,LLP and
the consulting/engineering/expert firms of Navigant Consulting,Inc.(in
addition to previously authorized funding for said entity),Scott Hibbs,PE,
and/or Enprotec/Hibbs&Todd,Inc.,and authorize carry-over of unexpended
funds into the following fiscal years and transfer of unused funds between the
aforementioned entities.
Council Member McIntyre made a motion to approve the motion,seconded by
Council Member Garza.This Motion was passed and approved with the
following vote:
Aye: 8- Mayor Martinez, Council Member Garza, Council Member Hunter,Council
Member Magill, Council Member McIntyre, Council Member Rubio,
Council Member Rosas and Council Member Vaughn
Absent: 1 - Council Member Scott
Abstained: 0
Enactment No: M2016-112
22. Executive session pursuant to Texas Government Code§551.071
for consultation with attorneys regarding collective bargaining matters,
(including litigation) and contract grievances between the City of
Corpus Christi and the Corpus Christi Professional Firefighters'
Association with possible discussion, resolution(s) and other actions in
open session concerning any matters related thereto, including
possible resolution giving the City Manager authority to enter into a
Collective Bargaining Agreement with the Corpus Christi Professional
Firefighters'Association.
Mayor Martinez deviated from the agenda and referred to Item 22.Roxana
Stevens,Assistant City Attorney and Lead Negotiator for the collective
bargaining negotiations with the Corpus Christi Professional Firefighters'
Association,stated that the purpose of this item is to enter into a collective
bargaining agreement with the Corpus Christi Professional Firefighters'
Association-Local Union 936.The new contract period is from October 1,2016
through September 30,2020.The economic package related to this proposed
collective bargaining agreement is$5.7 million and includes wage increases
for firefighters in the amount of 1%in 2016,3%in 2017,3%in 2018 and 4%in
2019.The agreement includes:additional pay for firefighters serving on
ambulances;increased pay for certified paramedic and haz-mat additional pay
by$25 per month;the addition of a Battalion Chief ten-year step;additional
pay for a fire investigator of$50 per year;a new effective impasse procedure;
for emergency medical services,firefighters hired on or after August 1,2016
will be paramedics for life as a condition of employment; proper staffing of
ambulances; incentives for Firefighter II EMS rank and ambulance duty by
changing promotional procedures and add pay;a formula for President's pay;
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additional appointment for Deputy and/or Assistant Chiefs;a complete
agreement provision;and a no-strike/no-lockout provision.Assistant City
Attorney Stevens stated that the City and the City Council have collectively
bargained in good faith with the Fire Union,resulting in this new agreement
that is fair,mutually agreeable,sustainable and fiscally responsible.
The following resolution was considered:
Resolution authorizing the City Manager to enter into a collective bargaining
agreement on behalf of the City of Corpus Christi with the Corpus Christi
Professional Firefighters'Association-Local Union 936 for wages,benefits
and working conditions.
Council Member Rubio made a motion to approve the resolution,seconded by
Council Member Magill.This Resolution was passed and approved with the
following vote:
Aye: 8- Mayor Martinez, Council Member Garza, Council Member Hunter,Council
Member Magill, Council Member McIntyre, Council Member Rubio,
Council Member Rosas and Council Member Vaughn
Absent: 1 - Council Member Scott
Abstained: 0
Enactment No:030963
Assistant City Attorney Stevens stated that based on the collective bargaining
negotiations and the mediation to resolve all issues surrounding the past and
now current contract that was just ratified,there were two contract grievances
that had been filed by the Fire Union under the August 1,2011 through July 31,
2014 collective bargaining agreement identified as Grievance No.2013-07 and
Grievance No.2013-09.A tentative settlement has been reached through
mediation and the City Council has been briefed.Based upon the settlement
agreement,the City will convert 24 current Fire Fighter I positions to Fire
Fighter Il-EMS positions within the current authorized compliment effective
February 1,2017 to help staff medic units 3 and 6.This settlement does not
create a staffing requirement or any additional positions above the authorized
compliment.
The following resolution was considered:
Resolution approving and authorizing the City Manager to enter into a
settlement agreement on behalf of the City of Corpus Christi with the Corpus
Christi Professional Firefighters'Association-Local Union 936 for Grievance
No.2013-07 dated 8-12-13 and Grievance No.2013-09 dated 12-02-13.
Council Member Garza made a motion to approve the resolution,seconded by
Council Member Rubio.This Resolution was passed and approved with the
following vote:
Aye: 8- Mayor Martinez,Council Member Garza,Council Member Hunter,
Council Member Magill,Council Member McIntyre,Council Member
Rubio,Council Member Rosas and Council Member Vaughn
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Absent:1 -Council Member Scott
Abstained:0
Enactment No:030964
City Manager Margie Rose,along with the negotiation teams from the City and
the Corpus Christi Professional Firefighters'Association-Local Union 936,
participated in the official signing ceremony of the collective bargaining
agreement.
O. REGULAR AGENDA: (ITEMS 28 -29)
28. Second Reading Ordinance -Adopting the City of Corpus Christi
Operating Budget for Fiscal Year 2016-2017 (1st Reading 9/13/16)
Ordinance adopting the City of Corpus Christi operating budget for the
fiscal year 2016-2017 beginning October 1, 2016; to be filed with the
County Clerk; appropriating monies as provided in the budget; and
providing for severance.
Mayor Martinez deviated from the agenda and referred to Item 28.Interim
Assistant Director of Management&Budget Christine Garza stated that the
purpose of this item is to hold the second reading on adoption of the proposed
FY2016-2017 Operating Budget.There were no comments from the public.A
council member requested that a process be creating for vetting the use of
hotel occupancy tax(HOT)funds.
Council Member Magill made a motion to approve the ordinance,seconded by
Council Member Hunter.This Ordinance was passed on second reading and
approved with the following vote:
Aye: 8- Mayor Martinez, Council Member Garza, Council Member Hunter, Council
Member Magill, Council Member McIntyre, Council Member Rubio,
Council Member Rosas and Council Member Vaughn
Absent: 1 - Council Member Scott
Abstained: 0
Enactment No: 030965
Council Member Garza made a motion to ratify adoption of the FY2016-2017
Operating Budget that will raise more revenue from property taxes than in the
previous fiscal year,as reflected in the adopted budget,seconded by Council
Member McIntyre.
This Motion was passed and approved with the following vote:Mayor Martinez,
Council Members Rubio,Vaughn,Garza,Hunter,Magill,McIntyre,and Rosas,
voting"Aye";Council Member Scott-absent.
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29. Second Reading Ordinance -Amending Chapter 21 of the Code of
Ordinances (1st Reading 9/13/16)
Ordinance amending Chapter 21 of the Code of Ordinances regarding
solid waste collection and disposal by clarifying definitions, combining
sections, establishing a resource recovery fee for hazardous cart
collection, and revising language where necessary; providing for
severance, publication, and an effective date.
Mayor Martinez referred to Item 29.Director of Solid Waste Operations
Lawrence Mikolajczyk stated that the purpose of this item is to amend Chapter
21 of the City's Code of Ordinances regarding Solid Waste collections by
clarifying definitions,combining sections,establishing a resource recovery fee
on customers'utility bills for hazardous cart collection;and revising language
where necessary.Director Mikolajczyk presented the changes to the ordinance
based on the discussions from the first reading on September 13,2016:
Section 21-12(a)removes the word"published";Section 21-12(a)(1)eliminates
language that the set out schedule is published in a paper of general
circulation and the City's Call Center replaces the Solid Waste Operations
Department as a point of contact
Council members discussed the following topics:the$10 assessment per
incident in Section 21-40(18);supporting information on how the assessment
affects the citizens and City operations;the timing for assessing a new fee;the
assessment is based on non-compliance of residents and should not be
subsidized by taxpayers;the new language added to defense to prosecution in
Section 21-12(a)(3);the fee if code enforcement cites a resident for leaving a
cart in the right-of-way or street;clarifying the location the cart should be
located and times to set out cart;the education process;and including
language on the tag to be placed on carts by Code Enforcement that violations
are a Class C misdemeanor.
Council Member Magill made a motion to amend the ordinance by removing
Section 21-40(18),seconded by Council Member Garza.
Mayor Martinez called for comments from the public.Abel Alonzo,1701
Thames,spoke in support of the fee and stated that the hazardous carts are a
safety concern.Carolyn Moon,4902 Calvin,spoke in opposition to the fee.
The motion to amend was passed and approved with the following vote:Mayor
Martinez,Council Members Rubio,Garza,Hunter,Magill,and Rosas,voting
"Aye";Council Members Vaughn and McIntyre,voting"No".
Council Member McIntyre made a motion to amend the ordinance to include
the amendments as presented,seconded by Council Member Garza and
passed unanimously.
Council Member Garza made a motion to approve the ordinance as amended,
seconded by Council Member McIntyre.This Ordinance was passed on second
reading as amended and approved with the following vote:
Aye: 8- Mayor Martinez, Council Member Garza, Council Member Hunter, Council
Member Magill,Council Member McIntyre, Council Member Rubio,
Council Member Rosas and Council Member Vaughn
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Absent: 1 - Council Member Scott
Abstained: 0
Enactment No:030966
P. FIRST READING ORDINANCES: (ITEMS 30 -36)
30. First Reading Ordinance-Accepting and appropriating the
Victims Of Crime Act(VOCA) Outreach Program
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$179,149.24 to continue the
Victims of Crime Act(VOCA) Outreach Program within the Police
Department with a City match of$21,340 and an in-kind match of
$40,480 from the No. 1020 Police General Fund; appropriating the
$179,149.24 in the No. 1061 Police Grants Fund for the VOCA
Outreach grant in the Police Department; and authorizing the transfer
of$21,340 from the No. 1020 General Fund to the No. 1061 Police
Grants Fund and appropriating the same for a total project cost of
$240,969.24.
Mayor Martinez referred to Item 30.Police Chief Mike Markle stated that the
purpose of this item is to accept a grant from the State of Texas,Criminal
Justice Division in the amount of$179,149.24,with a City match of$21,340 and
an in-kind match of$40,480 to continue the Victims of Crime Act(VOCA)
Outreach Program for a total project cost of$240,969.24.There were no
comments from the Council or the public.
Council Member McIntyre made a motion to approve the ordinance,seconded
by Council Member Rubio.This Ordinance was passed on first reading and
approved with the following vote:
Aye: 7- Mayor Martinez, Council Member Garza, Council Member Magill, Council
Member McIntyre, Council Member Rubio, Council Member Rosas and
Council Member Vaughn
Absent: 2- Council Member Hunter and Council Member Scott
Abstained: 0
31. First Reading Ordinance -Amending City Code regarding
Employee Health Plan
Ordinance amending Section 39-309 of the Corpus Christi Code of
Ordinances to change employee contribution for health plan coverage
and remove Citicare Premium Plan; and providing for severance and
an effective date.
Mayor Martinez referred to Item 31.Assistant Director of Human Resources
Jeff Lee stated that the purpose of this item is to amend Section 39-309 of the
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City's Code of Ordinances to change employee contribution on employee-only
health plan coverage option and remove the Citicare Premium Plan.There were
no comments from the public.
A council member asked questions regarding the following:whether the rate is
automatically set each year based on the amount not to exceed 9.5%of the
federal poverty line;whether the rate will automatically be 9.5%or between the
previous rate of$65 and$95;and whether the rate will automatically adjust
next year if the poverty level increases.
Council Member Garza made a motion to approve the ordinance,seconded by
Council Member Vaughn.This Ordinance was passed on first reading and
approved with the following vote:
Aye: 8- Mayor Martinez, Council Member Garza, Council Member Hunter,Council
Member Magill, Council Member McIntyre, Council Member Rubio,
Council Member Rosas and Council Member Vaughn
Absent: 1 - Council Member Scott
Abstained: 0
32. First Reading Ordinance Appropriating Fund Proceeds for Fiscal
Year 2015-2016
Ordinance appropriating amounts of: (a) $12,448.80; (b) $634,195.66
(c) $970,898.79; (d) $87,186.67; and (e) $66,872.15 into the Airport
CIP, Bond Proceeds, Utility Revenue Bond, Specialty Bond Proceeds
and other Unappropriated Funds, respectively, for the following
purposes: City's match for future FAA Grant Projects, Bayfront, Public
Facilities, Fire, Police, Public Health and Safety, Sanitary Landfill,
Library, Convention Center, Parks, and Streets, and as further detailed
in Attachment 1; changing the FY 2016 Capital Improvement Budget
adopted by Ordinance No. 030621 to increase expenditures
accordingly.
Mayor Martinez referred to Item 32.Director of Financial Services Constance
Sanchez stated that the purpose of this item is to appropriate$1,771,602.07 of
unappropriated interest earnings,reimbursements and miscellaneous revenue
received during the year in the Capital Projects Fund.This is a housekeeping
item that is done every year so this revenue can be spent.There were no
comments from the Council or the public.
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: 8- Mayor Martinez, Council Member Garza, Council Member Hunter,Council
Member Magill, Council Member McIntyre, Council Member Rubio,
Council Member Rosas and Council Member Vaughn
Absent: 1 - Council Member Scott
Abstained: 0
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33. First Reading Ordinance -Disannexation of CITGO Owned
Property and Creation of new Industrial District Agreement
Ordinance disannexing from the City of Corpus Christi, Texas, an
approximately 54.35-acre tract of land and an approximately 3.89-acre
tract of land, both owned by CITGO Refining and Chemicals
Company, L.P., and located in Nueces County; adjusting the City
boundaries; amending ordinance no. 029958 by adjusting the
boundary of the City's Industrial District No. 1 to include the
disannexed tracts; authorizing the City Manager, or designee, to
execute an industrial district agreement with CITGO Refining and
Chemicals Company, L.P., requiring the payment in lieu of taxes in an
amount equal to 100 percent of the ad valorem taxes that would be
due if the tracts were in city limits, and to file the industrial district
agreement in the official records of Nueces County; providing for
publication; and providing for severance.
Mayor Martinez referred to Item 33.Business Liaison Alyssa Barrera stated that
the purpose of this item is a two-part action to disannex approximately 59
acres of CITGO property in order to place those properties in an industrial
district with an increased rate of 100% payment-in-lieu-of-taxes(PILOT).This
streamlines the planning and construction process for CITGO's$8 million in
planned improvements while keeping the City financial whole.The standard
industrial district agreement adopted by the City Council in 2013 stipulates
100% PILOT for land,0% PILOT in years one through four of their existance
and 62.5% PILOT for improvements thereafter within the industrial district.
Staff is confident that this arrangement with CITGO is advantageous to the
City.Ms.Barrera presented maps of the tracts of land and the industrial district
boundaries.Interim Director of Development Services Daniel McGinn and
Albert Ocanas,Attorney for CITGO Refining and Chemicals Company,L.P.
were available to respond to questions.
Mayor Martinez called for comments from the public.Errol Summerlin,Citizens
Alliance for Fairness and Progress,spoke regarding industrial growth and
expansion principles and stated that the City is giving up all authority to
regulate the property and its uses.Mr.Summerlin stated that before the City
Council divests the City's authority to control the unimpeded use of land by
industry,the City should ask CITGO what they plan to do with the land and
how it will impact the neighborhoods near the land.
Council members and staff discussed the following topics:CITGO's planned
improvements for the subject property and providing the City Council with the
detailed improvements prior to second reading.
Council Member Garza 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: 6- Mayor Martinez,Council Member Garza, Council Member Magill, Council
Member McIntyre, Council Member Rubio and Council Member Rosas
Nay: 2- Council Member Hunter and Council Member Vaughn
Absent: 1 - Council Member Scott
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Abstained: 0
34. First Reading Ordinance-Approving the Second Amendment to
TIRZ#3 Amended Project and Financing Plan
Ordinance approving the second amendment to the Tax Increment
Reinvestment Zone#3 Amended Project& Financing Plan approved
by the Board of Directors of Reinvestment Zone Number Three,
Corpus Christi, Texas, on August 23, 2016.
Mayor Martinez referred to Item 34.Business Liaison Alyssa Barrera stated that
the purpose of this item is to approve the second amendment to the Tax
Increment Reinvestment Zone#3(TIRZ#3)Project Plan for Downtown Corpus
Christi.The amendment expands programming and services from the
Downtown Management District,refines the incentive programs;enables funds
to be expended for public,cultural or historical properties within the zone,
updates Del Mar College's participation through 2028 and updates the project
plan budget.This second amendment was approved by the TIRZ#3 Board on
August 23,2016.There were no comments from the Council or the public.
Council Member Magill made a motion to approve the ordinance,seconded by
Council Member McIntyre.This Ordinance was passed on first reading and
approved with the following vote:
Aye: 8- Mayor Martinez, Council Member Garza,Council Member Hunter, Council
Member Magill, Council Member McIntyre, Council Member Rubio,
Council Member Rosas and Council Member Vaughn
Absent: 1 - Council Member Scott
Abstained: 0
35. First Reading Ordinance-Lease Agreement for Regional Youth
Sports Complex
Ordinance authorizing the City Manager to execute forty-year lease
agreement with SQH Sports & Entertainment, Inc. For lease of
approximately 68 acres located near intersection of state highway 286
and FM 43 for construction and operation of a regional youth sports
complex, including right of first refusal on adjacent 30 acre tract; and
providing for publication.
Mayor Martinez referred to Item 35.Interim Director of Parks and Recreation
Stacie Talbert Anaya stated that the purpose of this item is to execute a lease
agreement with SQH Sports&Entertainment for the lease of approximately 68
acres for a regional youth sports complex.Ms.Anaya presented the following
information:a location map;the contract negotiations;the complex consisting
of six outdoor rectangular fields,eight diamond fields,a field house with six
basketball courts or 12 volleyball courts;ten sand volleyball courts,a
playground,outdoor concession,and a 5,000-square foot restaurant;and the
agreement milestones and times.Bert Quintanilla and Derrick Hegmon,SQH
Sports and Entertainment,Inc.were available to respond to questions.
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Council members spoke regarding the following topics:whether the six
outdoor rectangular fields are interchangeable between soccer and football
fields;turf on the fields;the ability to hold large youth programs in the
community;local youth programs at the facilities;the City is leasing the land
to SOH Sports,which is providing the investment to construct and operate the
facilities;the benefits to the community;the maintenance of the facility;the
economic impact to the City;the location of the facility;the ability for select
teams to rent the facilities for practices;and the site location of the outdoor
fields.
Mayor Martinez called for comments from the public.John Kelley,3621 Austin,
spoke in opposition to leasing the property.
Council Member Magill made a motion to approve the ordinance,seconded by
Council Member Garza.This Ordinance was passed on first reading and
approved with the following vote:
Aye: 8- Mayor Martinez, Council Member Garza,Council Member Hunter, Council
Member Magill, Council Member McIntyre, Council Member Rubio,
Council Member Rosas and Council Member Vaughn
Absent: 1 - Council Member Scott
Abstained: 0
36. First Reading Ordinance-FY17 Community Youth Development
Program Contract Extension Amendment
Ordinance ratifying execution of Community Youth Development
program contract extension amendment with Texas Department of
Family and Protective Services from September 1, 2016 to May 31,
2017 in the amount of$355,156.38; authorizing appropriation in the
No. 1060 Grants Fund for the Community Youth Development
Program; and authorizing extension of subcontracts with Youth
Odyssey, SERCO of Texas, Communities in Schools, and Boys & Girls
Club of Corpus Christi.
Mayor Martinez referred to item 36.Interim Director of Parks and Recreation
Stacie Talbert Anaya stated that the purpose of this item is to extend the
current contract with Texas Department of Family and Protective Services for
the Community Youth Development(CYD)Program grants and authorize the
extension of the subcontracts with Youth Odyssey,SERCO of Texas,
Communities in Schools and the Boys and Girls Club of Corpus Christi.There
were no comments from the public.
In response to a council member,Ms.Anaya stated that there are
approximately 3,000 youth participating in the services and she would provide
an exact number to the City Council.
Council Member Magill made a motion to approve the ordinance,seconded by
Council Member McIntyre.This Ordinance was passed on first reading and
approved with the following vote:
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Aye: 8- Mayor Martinez, Council Member Garza, Council Member Hunter,Council
Member Magill, Council Member McIntyre, Council Member Rubio,
Council Member Rosas and Council Member Vaughn
Absent: 1 - Council Member Scott
Abstained: 0
Q. FUTURE AGENDA ITEMS: (ITEMS 37 -58)
Mayor Martinez referred to Future Agenda Items.City Manager Margie C.Rose
stated that staff had a planned presentation on Item 54.
37. Resolution to submit a proposal for the FY2016-2017 Community
Youth Development Program
Resolution authorizing the City Manager to submit a proposal to the
Texas Health and Human Services Commission for the Community
Youth Development Program.
This Resolution was recommended to the consent agenda.
38. Purchase of ammunition for the Police Department
Motion approving the purchase of ammunition from Precision Delta, of
Ruleville, Mississippi and GT Distributors, Inc., of Austin, Texas for a
total amount of$74,732.40. The award is based on the cooperative
purchasing agreement with Texas Local Government Purchasing
Cooperative, dba BuyBoard.
Precision Delta .40 caliber ammunition $24,960.00
GT Distributors, Inc. .223 riffle ammunition $49,772.40
Total
$74,732.40
This Motion was recommended to the consent agenda.
39. Resolution authorizing the purchase of Handheld Ticket Writers,
Printers and Components for the Police Department
Resolution authorizing the City Manager, or designee, to purchase
handheld ticket writers, related components, and licenses for Police
Department vehicles from Tyler Technologies, of Dallas, Texas, for a
total cost of$81,252.00 with funding available in the FY2015-2016
Crime Control and Prevention District Fund, and additionally
authorizing payment and continual renewal of necessary software
licenses in an amount not to exceed $25,000.00 annually, subject to
budget approval and sufficient future appropriations.
This Resolution was recommended to the consent agenda.
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40. Purchase of playground equipment and installation for Parker
Park(Bond 2012)
Motion approving the purchase of playground equipment and
installation for Parker Park from T.F. Harper&Associates LP, of
Austin, Texas for a total amount not to exceed $157,794.00. The
award is based on the cooperative purchasing agreement with Texas
Local Government Purchasing Cooperative, dba BuyBoard. Funding
for this purchase is from Bond 2012 for Parker Park funds and FY
2015-2016 Community Enrichment funds.
This Motion was recommended to the consent agenda.
41. Purchase of two Ford Transit Cargo Vans for the Police
Department
Motion approving the purchase of two Ford Transit Cargo Vans from
Caldwell Country Ford, of Caldwell, Texas for a total amount of
$96,381.06. The award is based on the cooperative purchasing
agreement with Texas Local Government Purchasing Cooperative,
dba BuyBoard. Funds have been set aside by Fleet Maintenance
Service in FY15-16.
This Motion was recommended to the consent agenda.
42. Purchase of six 2017 Ford Fusions for the Fire Department
Motion approving the purchase of six 2017 Ford Fusions from Caldwell
Country Ford, of Caldwell, Texas for a total amount of$151,617.10.
The award is based on the cooperative purchasing agreement with
Texas Local Government Purchasing Cooperative, dba BuyBoard.
This Motion was recommended to the consent agenda.
43. Lease-Purchase of two Slope Tractor Mowers for the Parks and
Recreation Department
Motion approving the lease-purchase of two Slope Tractor Mowers
from Alamo Industrial, of Seguin, Texas for a total amount of
$365,600.00. $51,000.00 will be paid out of FY2015-2016 funds,
leaving $314,600.00 to be lease-purchased with allowing interest of
$23,706.00 for a total not to exceed $389,306.00. The award is based
on the cooperative purchasing agreement with Texas Local
Government Purchasing Cooperative, dba BuyBoard.
Two Slope Tractor Mowers
Total Non-financed: $51,000.00
Total Lease-Purchase: $314,600.00
Total Allowable Interest for Lease: $23,706.00
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Not To Exceed Grand Total: $389,306.00
This Motion was recommended to the consent agenda.
44. Purchase of four John Deere Mowers for the Parks and
Recreation Department
Motion approving the purchase of four John Deere Mowers from Deere
and Company, of Cary, North Carolina, for a total amount of
$73,319.40. The award is based on the cooperative purchasing
agreement with Texas Local Government Purchasing Cooperative,
dba BuyBoard.
This Motion was recommended to the consent agenda.
45. Purchase of one Truck Mounted Excavator for Utilities and
Streets Operations
Motion approving the purchase of one Truck Mounted Excavator from
Waukesha-Pearce Industries Inc., of Corpus Christi, Texas for a total
amount of$311,357.98. The award is based on the cooperative
purchasing agreement with Texas Local Government Purchasing
Cooperative, dba BuyBoard.
This Motion was recommended to the consent agenda.
46. Purchase of 15 Vehicles for Utilities and Street Operations
Motion approving the purchase of 15 vehicles from Caldwell Country
Automotive, of Caldwell, Texas for a total amount of$461,870.00. The
award is based on the cooperative purchasing agreement with the
Texas Local Government Purchasing Cooperative, dba Buyboard.
Funds for the purchase of the vehicles have been budgeted in FY
2015-2016.
This Motion was recommended to the consent agenda.
47. Purchase of one 2016 Self-Propelled Chipspreader for Street
Operations
Motion approving the purchase of one 2016 Etnyre Self-Propelled
Chipspreader from Cooper Equipment Company, of San Antonio,
Texas for a total amount of$282,633.00. The award is based on the
cooperative purchasing agreement with Texas Local Government
Purchasing Cooperative, dba BuyBoard.
This Motion was recommended to the consent agenda.
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48. Purchase of one Deere 410L, Backhoe with a Jackhammer for
Street Operations
Motion approving the purchase of one Deere 410L, Backhoe with a
Jackhammer from Doggett Heavy Machinery Services LTD., of Corpus
Christi, Texas for a total amount of$100,673.00. The award is based
on the cooperative purchasing agreement with Texas Local
Government Purchasing Cooperative, dba BuyBoard.
This Motion was recommended to the consent agenda.
49. Lease-Purchase of two Truck Mounted Excavators for Storm
Water Department
Motion approving the lease-purchase of two Truck Mounted
Excavators from Waukesha-Pearce Industries Inc., of Corpus Christi,
Texas for a total amount not to exceed $735,750.04. The award is
based on the cooperative purchasing agreement with Texas Local
Government Purchasing Cooperative (TLGPC), dba BuyBoard.
Total Lease-Purchase Price: $690,478.26
Total Allowable Interest for Lease: $45,271.78
Grand Total: $735,750.04
This Motion was recommended to the consent agenda.
50. Purchase of one Deere 524K, Front End Loader for the Storm
Water Department
Motion approving the purchase of one Deere 524K, Front End Loader
from Doggett Heavy Machinery Services LTD., of Corpus Christi,
Texas for a total amount of$119,882.00. The award is based on the
cooperative purchasing agreement with Texas Local Government
Purchasing Cooperative, dba BuyBoard.
This Motion was recommended to the consent agenda.
51. Purchase of Vehicle Alignment Equipment for Fleet Maintenance
Services
Motion approving the purchase of Vehicle Alignment Equipment from
Mohawk Resources LTD, of Amsterdam, New York for a total amount
of$56,167.93. The award is based on the cooperative purchasing
agreement with Houston-Galveston Area Council. Funds have been
set aside by Fleet Maintenance Services in FY15-16.
This Motion was recommended to the consent agenda.
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52. Engineering Design Contract for Elevated Water Storage Tanks -
Citywide(Alternative Capacity Requirement Implementation)
Motion authorizing the City Manager or designee to execute an
Engineering Design contract with LNV, Inc. of Corpus Christi, Texas in
the amount of$672,034 for the Elevated Water Storage Tanks-
Citywide (Alternative Capacity Requirement Implementation)for
design, bid and construction phase services.
This Motion was recommended to the consent agenda.
53. Engineering Services for Street Preventative Maintenance
Program (SPMP)for FY 2016-2017
Motion authorizing the City Manager, or designee, to execute a
construction materials testing agreement with Rock Engineering of
Corpus Christi, Texas for$98,035 and professional services contract
with LNV, Inc. of Corpus Christi, Texas in the amount of$676,269 for
2016 and 2017 projects in the Citywide Street Preventative
Maintenance Program. (SPMP)
This Motion was recommended to the consent agenda.
54. Resolution approving a service agreement for Police and
Municipal Court Parking Lot Improvements Phase 2
Resolution authorizing the City Manager, or designee, to execute a
service agreement with Total Protection, of Corpus Christi, to furnish
and install access control gates for the parking area at the Police and
Municipal Court Building for a not to exceed amount of$114,543.32,
with funding available in the FY2015-2016 General Fund and
Facilities/Property Mgmt Fund.
This Resolution was recommended to the consent agenda.
55. Purchase of one DRI-Rime CD300M Electric Pump and one 200
HP Variable Frequency Drive for O.N. Stevens Water Treatment
Plant
Motion approving the purchase of one DRI-Prime CD300M Electric
Pump and one 200 HP Variable Frequency Drive from Godwin Pumps
of Corpus Christi, Texas for a total amount not to exceed $88,299.45.
The award is based on the cooperative purchasing agreement with the
Houston-Galveston Area Council (H-GAC). Funds have been set aside
by the Water Department in FY2015-2016.
DRI-Prime CD300M Electric Pump 200 HP Variable Frequency
Drive
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$54,969.20 $30,930.25
Purchase Price: $85,899.45
Inbound Freight: $2,400.00
Total Amount: $88,299.45
This Motion was recommended to the consent agenda.
56. One Year Microsoft Office License Subscription Purchase
Motion authorizing the City Manager, or designee, to execute a
one-year Microsoft Office E3 license subscription with Software House
International (DIR-SDD-2503)for$133,747.20.
This Motion was recommended to the consent agenda.
57. Passenger Facility Charge(PFC)Application No.3 for Runway
Extension and Taxiway Project Grant
Motion authorizing the City Manager or designee to submit Passenger
Facility Charge (PFC)Application No.3 to the Federal Aviation
Administration to allow for reimbursement of$9.3 million dollars in
airport operating funds used to match Runway Extension and Taxiway
Project grant monies.
This Motion was recommended to the consent agenda.
58. Interlocal Agreement for the development of a Regional Hazard
Mitigation Plan
Motion authorizing the City Manager or designee to execute an
Interlocal Agreement between the City, Nueces County and other
participating local governments for the development of a Regional
Hazard Mitigation Plan with a financial commitment not to exceed
$6,500 for the development of the plan.
This Resolution was recommended to the consent agenda.
R. BRIEFINGS: (ITEMS 59 -60)
59. Corpus Christi Regional Economic Development Corporation
(CCREDC)September 2016 Economic Update (Q3 2016)
Mayor Martinez referred to Item 59.lain Vasey,President/CEO of the Corpus
Christi Regional Economic Development Corporation(EDC),stated that the
purpose of this item is to provide the EDC quarterly update.Mr.Vasey
presented the following information:the employment by sector;year-to-date
goals and results;and key economic indicators.Mr.Vasey stated that the EDC
commissioned a study of potential industries to try to attract to the region
based on current resources and workforce make up including:specialty steel
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manufacturing;shale and natural gas pipelines;natural gas liquids production
and logistics;drone manufacturing and testing;and entrepreneurship
ecosystem and small business.Mr.Vasey introduced Russell Franques with
the Texas A&M University-Corpus Christi Business Invocation Center.
Council members spoke regarding the following topics:activity in the
secondary market for vendors working with the large primary employers;the
large projects in the pipeline;when the City will see the benefits of the projects
currently under construction;the target categories to attract;and
entrepreneurship ecosystem.
60. Wastewater Management Plan
Mayor Martinez referred to Item 60.Interim Director of Utilities Dan Grimsbo
stated that the purpose of this item is to provide an update on the Wastewater
Management Plan.Rob Simm,Stantec,provided the key study findings
including:the evaluation of the ten servicing options including keeping the six
existing wastewater treatment plants in operation; recommended alternative to
leave Broadway and Whitecap in services and consolidate the remaining plants
at a new North plant and the Oso facility;and review of the user rates.Mr.
Simm presented:an overview of the recommended service option and
infrastructure requirements;the projected cash flow requirements;and the
proposed project delivery.The next steps include:City Council review and
approval;initiate a search for a new North Plant site;initiate permit application
for a new North Plant;and initiate planning for key project elements.Assistant
City Manager Mark Van Vleck and Dan Leyendecker,LNV,Inc.,were available
to respond to questions.
Council members discussed the following topics:the affordability for the utility
ratepayer;the drivers for not recommendating to consolidate all of the projects
for bid for a public private partnership;an explanation of the recommendations
for the proposed project delivery;the Request for Information(RFI)process;
the return on investment for addressing the collection system upgrades;
capacity at the new North Plant;technology upgrades; universal membrane
platforms;a future workshop to discuss private public partnerships and
alternative financing;the funding already committed in the capital
improvement program(CIP);the Oso South water and wastewater utility lines
and a vertical path following Crosstown 286 to the Greenwood Treatment
Facility;the timeframe for the Southside Area Development Plan to identify the
land use and flow water demands;the master plan for the London Area;
developer participation to offset cost to taxpayers;the recommended lift
station at Greenwood;examples and locations of current lift stations;and
whether overflows would occur with the proposed lift station at Greenwood.
MOTION OF DIRECTION
Council Member Magill made a motion directing the City Manager to bring back
an amendment to the CIP for the Oso South Wastewater and Water line
projects with the engineering detail,and following the vertical route along
Crosstown 286,seconded by Council Member Rubio and passed unanimously;
Council Member McIntyre,Scott and Vaughn-absent.
S. ADJOURNMENT
The meeting was adjourned at 7:26 p.m.
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