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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 May 12, 2015 which were approved by the City
Council on May 19, 2015.
WITNESSETH MY HAND AND SEAL, on this the 19th day of May, 2015.
Rebecca Huerta
City Secretary
SEAL
INDEXED
1201 Leopard Street
Corpus Christi Corpus Christi,TX 78401
cctexas.com
Meeting Minutes
City Council
Tuesday,May 12,2015 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 Pastor Claude Axel, Mount Pilgrim Baptist Church.
Pastor Claude Axel gave the invocation.
C. Pledge of Allegiance to the Flag of the United States to be led by Jeffrey
Edmonds, Director of Capital Programs.
Director of Capital Programs Jeff Edmonds 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
Council and the required Charter Officers were present to conduct the meeting.
(Note:Council Member Scott arrived at 11:47 a.m.)
Charter Officers:
Deputy City Manager Margie Rose,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 May 3-9, 2015, "National Children's Mental
Health Awareness Week"
Proclamation declaring May 11-15, 2015, "Corpus Christi Small
Business Week"
Proclamation declaring May 2015, "Corpus Christi Tourism Industry
Appreciation Month"
Proclamation declaring May 2015, "Elder Abuse Prevention Month"
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Proclamation declaring May 2015, "Older Americans Month"
Mayor Martinez presented the proclamations.
Mayor Martinez acknowledged General Manager of the American Bank Center
Jim Salamenta and staff,Interim Police Chief Mike Markle,Assistant Chief Mark
Schauer,Commander Mike Alanis,the Corpus Christi Police Department,city
employees,and the community for coming together to show respect and
support to honor Police Chief Floyd Simpson.Assistant Chief Schauer read a
letter on behalf of Interim Police Chief Markle thanking City leadership,police
personnel,City staff,and the community for supporting the memorial tribute to
Chief Simpson.Mr.Salamenta gave special thanks to DJ Skip,Starsky Leal,
LNF Distributors,Nestle,Pat Dunn and the Corpus Christi Ice Rays.
Mayor Martinez called for a brief recess to address technical issues.Mayor
Martinez reconvened the Council meeting.
The Corpus Christi Hispanic Chamber of Commerce presented Mayor Martinez
with the"Women of Distinction Award"from the Texas Association of
Mexican-American Chambers of Commerce.
F. PUBLIC COMMENT FROM THE AUDIENCE ON MATTERS NOT SCHEDULED ON
THE AGENDA WILL BE HEARD AT APPROXIMATELY 12:00 P.M. PLEASE LIMIT
PRESENTATIONS TO THREE MINUTES. A recording is made of the meeting;
therefore, please speak into the microphone located at the podium and state
your name and address. If you have a petition or other information pertaining to
your subject, please present it to the City Secretary.
Mayor Martinez called for comments from the public.Jack Gordy presented a
letter to the City Council regarding the possibility of a lawsuit being filed by the
U.S.Department of Justice related to the City's failure to cut down the palm
trees that are blocking the sidewalk on Airline Road.Mr.Gordy also spoke
regarding the lawsuit between the City and the Friends of the Coliseum.Jeff
Rank,President of the Flour Bluff Business Association,spoke regarding Item
19,the Citizens'Collection Center-Flour Bluff/Padre Island,and thanked the
City Council for being responsive to the community's needs.Mr.Rank stated
that a majority of the Association are in support of the project,however,there
are still members that do not support the collection center or need additional
information.Mr.Rank asked that this item be tabled to facilitate a dialogue
regarding citizens'concerns.Susie Luna Saldana expressed appreciation to
the City's leadership for their assistance in putting together the memorial for
Chief Floyd Simpson.Greg Smith,Chairman of the Island Strategic Action
Committee(ISAC),provided an update on the ISAC Committee's discussion
regarding the volume of sand in Packery Channel,the amount reserved in the
Tax Reinvestment Zone No.2 for maintenance and dredging,and the proposed
plan for a traffic signal at South Padre Island Drive and Aquarius Street.Mark
Thomas spoke in support of Item 19,the Citizens'Collection Center.
G. CITY MANAGER'S COMMENTS/ UPDATE ON CITY OPERATIONS:
Mayor Martinez referred to City Manager's Comments.Deputy City Manager
Margie Rose reported on the following topics:
a. OTHER
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1)The Emergency Operations Center(EOC)was activated at 3:00 a.m.today in
response to the bad weather that moved through the area.At this point,the
City is monitoring and making preparations in the event the City receives
additional rainfall.The primary concern is the anticipated flood stage at Oso
Creek.The EOC will remain activated as the City continues to monitor and
respond as needed.2)City Manager Ron Olson and Chief Floyd Simpson
shared a passion for riding motorcycles.In 2012,they decided to get together
with the City employees,their families and retirees who are also motorcycle
enthusiast for the inaugural City of Corpus Christi Employees'Annual
Motorcycle Ride.This event will take place again this year on May 23,2015 at
1201 Leopard Street at 8:00 a.m.and will honor of Police Chief Floyd Simpson.
I. MINUTES:
6. Regular Meeting of April 28, 2015
Mayor Martinez called for approval of the minutes.Council Member McIntyre
made a motion to approve the minutes,seconded by Council Member Garza
and passed unanimously.
J. BOARD&COMMITTEE APPOINTMENTS:
7. Animal Care Advisory Committee
Citizens Advisory Health Board
Commission on Children and Youth
Mayor's Fitness Council
Planning Commission
Mayor Martinez referred to board and committee appointments.The following
appointments were made:
Animal Care Advisory Committee
Council Member Garza made a motion to reappoint Megan Winn(Community at
Large)and Cheryl Martinez(Animal Welfare),seconded by Council Member
McIntyre and passed unanimously.
Council Member McIntyre made a motion to appoint Megan Tisdale
(Community at Large),seconded by Council Member Garza and passed
unanimously.
Citizens Advisory Health Board
Council Member Scott made a motion to appoint Cristian Radaneata(Joint
position),seconded by Council Member McIntyre and passed unanimously.
Council Member Magill made a motion to reappoint Charles A.Pendlyshok and
Elizabeth Sefcik,seconded by Council Member McIntyre and passed
unanimously.Council Member Magill made a motion to appoint Damla Eytemiz,
seconded by Council Member Vaughn and passed unanimously.
Commission on Children&Youth
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Council Member Magill made a motion to reappoint Donine Schwartz(At Large)
and Clarissa Silva(D.A.'s Office),seconded by Council Member McIntyre and
passed unanimously.
Council Member McIntyre made a motion to appoint Joseph N.Miller(Youth
and Family Services),seconded by Council Member Magill and passed
unanimously.
Mayor's Fitness Council
Mayor Martinez recommended the reappointment of Rodney Brown(At Large),
Kimberly Cook(Disability Networks),and Dr.Misty Kesterson(Worksite
Wellness).Council Member Scott made a motion to approve the
recommendation,seconded by Council Member McIntyre and passed
unanimously.Mayor Martinez recommended the new appointment of Victor M.
Betancourt(At Large).Council Member Scott made a motion to approve the
recommendation,seconded by Council Member Riojas and passed
unanimously.
Planning Commission
Council Member McIntyre made a motion to reinstate Heidi Hovda,seconded
by Council Member Riojas.Heidi Hovda was reinstated with Council Members
Martinez,Scott,Garza,McIntyre,and Riojas voting"Aye"and Council Members
Rosas,Rubio,Vaughn and Magill voting"No".
Council Member Scott made a nomination to appoint Jeremy R.Baugh.
Council Member Garza made a nomination to appoint Gilbert"Gil"Hernandez.
Jeremy R.Baugh was appointed with Council Members McIntyre,Vaughn,
Scott,Martinez,Magill,and Riojas voting for Jeremy R.Baugh and Council
Members Rubio,Garza,and Rosas voting for Gilbert"Gil"Hernandez.
K. EXPLANATION OF COUNCIL ACTION:
L. CONSENT AGENDA: (ITEMS 8 - 13)
Approval of the Consent Agenda
Mayor Martinez referred to to the Consent Agenda.There were no comments
from the public.Council Member Vaughn requested that Item 13 be pulled for
individual consideration.Council Member McIntyre made a motion to approve
the consent agenda,seconded by Council Member Rosas.The consent agenda
items were 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
8. Approving the submission of a grant application for the
Automobile Burglary and Theft Prevention Authority to continue
the motor vehicle theft enforcement grant in the Police
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Department
Resolution authorizing the City Manager or designee to submit a grant
application in the amount of$822,504 to the Automobile Burglary Theft
Prevention Authority (ABTPA) to continue the motor vehicle theft
enforcement grant within the Police Department for Year 15 with a City
cash match of$457,926, in-kind match of$52,439, and program
income match of$3,546 for a total project cost of$1,336,415 and
authorizing the City Manager or the City Manager's designee to apply
for, accept, reject, alter or terminate the grant.
This Resolution was passed on the Consent Agenda.
Enactment No: 030494
9. Interlocal Agreement with Del Mar College for training emergency
medical service students
Resolution authorizing the City Manager, or his designee, to execute
an Interlocal Agreement with Del Mar College for the training of
emergency medical service students.
This Resolution was passed on the Consent Agenda.
Enactment No: 030495
10. Approving submission of grant applications for Schanen Ditch
Hike& Bike Trail Phase II Project and Dr. Hector P. Garcia Hike&
Bike Trail Phase I Project
Resolution approving submission of grant applications with Corpus
Christi Metropolitan Planning for the Schanen Ditch Hike& Bike Trail -
Phase II Project and Dr. Hector P. Garcia Hike & Bike Trail - Phase I
Project.
This Resolution was passed on the Consent Agenda.
Enactment No:030496
11. Second Reading Ordinance-Accepting and appropriating the
Click It or Ticket Grant from the State of Texas, Department of
Transportation (TXDOT) (1st Reading 4/28/15)
Ordinance authorizing the City Manager or designee to execute all
documents necessary to accept a grant in the amount of$19,988.20
from the State of Texas, Department of Transportation for the FY2014
Click It Or Ticket program grant; and appropriating the$19,988.20 in
the No. 1061 Police Grants Fund.
This Ordinance was passed on second reading on the Consent Agenda.
Enactment No:030497
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12. Second Reading Ordinance-Amendment No. 1 to lease
agreement with United Airlines for three year extension (1st
Reading 4/28/15)
Ordinance ratifying and authorizing the City Manager to execute a first
amendment to the lease agreement with United Airlines to extend the
term of the lease; providing for an effective date; providing for
severance; and providing for publication.
This Ordinance was passed on second reading on the Consent Agenda.
Enactment No:030498
13. Second Reading Ordinance-Type A Grant for QSROnIine.com,
Inc. Located at 817 Ayers (1st Reading 4/28/15)
Ordinance approving a Business Incentive Agreement between the
Corpus Christi Business and Job Development Corporation ("Type A
Corporation") and QSROnline.com, Inc.("QSROnline") to provide a
grant of up to$129,500, for the creation and retention of jobs 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 QSROnline
Business Incentive Agreement for the creation and retention of jobs;
and appropriating $129,500 from the unreserved fund balance in the
No. 1140 Business/Job Development Fund for said business incentive
grant from the Type A Corporation to QSRonline; and changing the FY
2014-2015 operating budget, adopted by Ordinance No. 030294, by
increasing expenditures by$129,500.
Mayor Martinez referred to Item 13 regarding the Type A grant for
QSROnline.com.Council Member Vaughn asked questions regarding the
number of current employees at QSROnline.com and the total number of
employees the company will have as part of this contract.Emily Martinez with
the Corpus Christi Regional Economic Development Corporation(EDC)stated
that the company current has 17 full-time employees and the contract will
create an additional 10-full-time years over a five-year period,for a total of 27
employees.In response to Council Member Vaughn,President/CEO of the EDC
lain Vasey said the EDC is currently working with staff to develop the criteria
and guidelines for use of Type A funds to provide a briefing to the Type A
Board next month and present to the City Council in June or July.There were
no comments from the public.This Ordinance was passed on second reading
and approved with the following vote:
Aye: 7- Mayor Martinez,Council Member Garza,Council Member Magill, Council
Member McIntyre,Council Member Riojas,Council Member Rosas and
Council Member Scott
Nay: 2- Council Member Rubio and Council Member Vaughn
Abstained: 0
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Enactment No:030499
N. REGULAR AGENDA: (ITEM 19)
19. Second Reading Ordinance-Approving a Real Estate Sales
Contract for the Citizen's Collection Center for Flour Bluff/Padre
Island (1st Reading 4/21/14)(Tabled 4/28/15)
Ordinance amending the FY 2015 Capital Improvement Program
Budget adopted by Ordinance No. 030303 by transferring $78,000.00
from Fund 3365 Sanitary Landfill 2008 Certificate of Obligation Project
Reserves to Project#E12190 Citizens Collection Center- Flour
Buff/Padre Island; increasing expenditures in the amount of
$78,000.00; and authorizing the City Manager or designee to execute
a Real Estate Sales Contract with Alamo Concrete Products Company
in the amount of$275,000 plus$3,000 in estimated closing costs for a
total expenditure of$278,000, for the purpose of acquiring a tract of
land containing 5.320 acres located at the northeast corner of the
intersection of Flour Bluff Drive and Division Road, to be used for the
Citizens Collection Center- Flour Bluff/Padre Island Area Project
#E12190.
Mayor Martinez referred to Item 19.Executive Director of Public Works Valerie
Gray stated that the purpose of this item is authorize approval to acquire 5.320
acres of land located at the northeast corner of the intersection of Flour Bluff
Drive and Division Road to be used for the Citizen Collection Center-Flour
Bluff/Padre island Area Project This item was tabled on April 28th.Ms.Gray
said this is the best site to meet all of the requirements for the proposed
collection center.Ms.Gray reported that staff met with Charlotte Hearns,the
originator of the petition that was presented at the last meeting,and several
other residents on May 6th to answer questions and address questions and
concerns.Ms.Gray stated that staff has met with the Head of Air Operations at
Naval Air Station-Corpus Christi and there were no problems at this time with
the location.Mayor Martinez called for comments from the public.John
Michael said he was grateful that the City Council has made the collection
center a priority for the community and spoke in support of the project and site
location.Shirley Thornton,asked questions and expressed concerns regarding
the following topics:the residents in the immediate vicinity not being involved
in this issues;odor issues;the site attracting vermin;drainage;the ability to
dispose of materials during special events;the high price for the property;and
code enforcement Ms.Thornton requested that this item be tabled and
requested that the neighborhood be allowed to provide input Flo East spoke in
support of the collection center and asked that stakeholders be involved in the
input.Mike Lehnert spoke regarding property values in the Flour Bluff area and
expressed support for the project
Council members spoke regarding the following topics:the hours of operation;
the disparity between the assessed tax and market values for the property;the
collection center addressing illegal dumping and excessive setout;other cities
in Texas that have collection sites closer to residents than this project;the
possibility to allow apartment residents to use the collection center for
recycling;the process at the facility;the design concept and the commitment
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to include the residents on the input for design;patrolling and monitoring at
the facility during closed times and the use of cameras;the need for the
collection center in this area;the funding mechanism;the affect on Solid
Waste rates;the site and cost analysis;ways to improve the communication
process;and additional equipment costs associated with this project.Council
Member McIntyre made a motion to approve the ordinance,seconded by
Council Member Riojas.This Ordinance was passed on second reading and
approved with the following vote:
Aye: 5- Mayor Martinez,Council Member Garza,Council Member McIntyre,
Council Member Riojas and Council Member Rosas
Nay: 3- Council Member Magill, Council Member Rubio and Council Member
Vaughn
Abstained: 1 - Council Member Scott
Enactment No: 030501
H. EXECUTIVE SESSION: (ITEMS 2 -5)
Mayor Martinez referred to the day's executive sessions.The Council went into
executive session.
2. Executive Session pursuant to Texas Gov't Code§ 551.071 and
Texas Gov't Code§551.087 and Texas Disciplinary Rules of
Professional Conduct Rule 1.05 to consult with attorneys concerning
legal issues related to negotiations for economic development
incentives for transportation, warehousing, equipment manufacturing,
and a regional headquarters operation and to deliberate regarding
commercial or financial information that the governmental body has
received from a business prospect that the governmental body seeks
to have locate, stay, or expand in or near the territory of the
governmental body and with which the governmental body is
conducting economic development negotiations and/or financial or
other incentives involving said business prospect and the aforesaid
incentives; with possible action and discussion in open session
This E-Session Item was discussed in executive session.
3. Executive session pursuant to Texas Government Code§ 551.071
for consultation with attorneys regarding collective bargaining
negotiations, the collective bargaining agreements between the City of
Corpus Christi and the Corpus Christi Firefighters Association and/or
Corpus Christi Police Officers' Association, with possible discussion,
resolution(s), and other actions in open session concerning any
matters related thereto.
This E-Session Item was discussed in executive session.
4. 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 and potential settlement of
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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, with additional discussion and possible action
in open session concerning any matters related thereto.
Mayor Martinez referred to item 4 and stated that the following was discussed
in executive session:
Resolution recommending adoption of a settlement addressing the proposed
Electric Transmission Texas,LLC,138-kilovolt(KV)electric power
transmission line connecting the Barney Davis Substation to Naval Base
Substation near Naval Air Station Corpus Christi by the Public Utility
Commission of Texas.
Council Member McIntyre made a motion to approve the resolution,seconded
by Council Member Rubio.This Motion was passed and approved with the
following vote:
Aye: 8- Mayor Martinez, Council Member Magill, Council Member McIntyre,
Council Member Riojas, Council Member Rubio, Council Member Rosas,
Council Member Scott and Council Member Vaughn
Absent: 1 - Council Member Garza
Abstained: 0
Enactment No: 030493
5. Executive session pursuant to Texas Gov't Code§551.074 to
deliberate the employment, evaluation, and duties of public officers or
employees, including, but not limited to, the City Manager, City
Secretary, Municipal Court Judges, and City Auditor, with possible
action and discussion in open session.
Mayor Martinez referred to Item 5 and stated that the following was discussed
in executive session:
Motion that the City Council appointees(City Manager,City Secretary,City
Auditor,and Municipal Court Judges)receive compensation increases
separately from the City's STEP system used for its other employees.
Council Member Magill made a motion to approve the motion,seconded by
Council Member Rubio.This Motion was passed and approved with the
following vote:
Aye: 8- Mayor Martinez,Council Member Magill,Council Member McIntyre,
Council Member Riojas, Council Member Rubio,Council Member Rosas,
Council Member Scott and Council Member Vaughn
Absent: 1 - Council Member Garza
Abstained: 0
Enactment No: M2015-045
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M. PUBLIC HEARINGS: (ITEMS 14 - 17)
14. Public Hearing and First Reading Ordinance-Rezoning from
Single-Family and Farm Rural to General Commercial at 2101 and
2139 Rodd Field Road
Case No. 0415-03 Related Investors, Ltd.: A change of zoning from
the "RS-6"Single-Family 6 District and the"FR" Farm Rural District to
the "CG-2" General Commercial District, resulting in a change to the
Future Land Use Plan from low density residential to commercial uses.
The property to be rezoned is described as being a 10.58 acre tract of
land out of Lots 7 and 8, Section 19, Flour Bluff and Encinal Farm and
Garden Tracts, located on the southwest corner of Holly Road and
Rodd Field Road.
Planning Commission and Staff Recommendation (April 8, 2015):
Approval of the change of zoning from the "RS-6" Single-Family 6
District and the"FR" Farm Rural District to the"CG-2" General
Commercial District.
Ordinance:
Ordinance amending the Unified Development Code ("UDC"), upon
application by Related Investors, Ltd. ("Owner"), by changing the UDC
Zoning Map in reference to a 10.58 acre tract of land out of Lots 7 and
8, Section 19, Flour Bluff and Encinal Farm and Garden Tracts, from
the"RS-6" Single-Family 6 District and "FR" Farm Rural District to the
"CG-2" General Commercial District; amending the Comprehensive
Plan to account for any deviations; and providing for a repealer clause
and publication.
Mayor Martinez referred to Item 14.Director of Development Services Dan
Grimsbo stated that the purpose of this item is to rezone the subject property
to allow a commercial use.Mr.Grimsbo said that the Planning Commission
and staff recommend approval 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.Council Member Magill made a
motion to approve the ordinance,seconded by Council Member Scott.This
Ordinance was passed on first reading and approved with the following vote:
Aye: 8- Mayor Martinez,Council Member Magill, Council Member McIntyre,
Council Member Riojas, Council Member Rubio,Council Member Rosas,
Council Member Scott and Council Member Vaughn
Absent: 1 - Council Member Garza
Abstained: 0
15. Public Hearing and First Reading Ordinance - Rezoning from
Neighborhood Commercial to General Commercial at 2901 Airline
Road
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Case No. 0415-04 Gulfwav Shopping Center: A change of zoning
from the"CN-1" Neighborhood Commercial District to the"CG-2"
General Commercial District on Lot 2, Block 14, Brighton Village Unit
2, located on the southwest corner of Airline Road and Saratoga
Boulevard (SH 357).
Planning Commission and Staff Recommendation (April 8, 2015):
Approval of the change of zoning from the "CN-1" Neighborhood
Commercial District to the"CG-2" General Commercial District
Ordinance:
Ordinance amending the Unified Development Code ("UDC"), upon
application by Gulfway Shopping Center("Owner"), by changing the
UDC Zoning Map in reference to Lot 2, Block 14, Brighton Village Unit
2, from the"CN-1" Neighborhood Commercial District to the"CG-2"
General Commercial District; amending the Comprehensive Plan to
account for any deviations; and providing for a repealer clause and
publication.
Mayor Martinez referred to Item 15.Director of Development Services Dan
Grimsbo stated that the purpose of this item is to rezone the subject property
to allow for a more intensive commercial use.Mr.Grimsbo stated that the
Planning Commission and staff were in favor 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.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 Magill, Council Member McIntyre,
Council Member Riojas, Council Member Rubio, Council Member Rosas,
Council Member Scott and Council Member Vaughn
Absent: 1 - Council Member Garza
Abstained: 0
16. Public Hearing and First Reading Ordinance-Rezoning from
Single-Family 6 to Single-Family 4.5 at 817 Graham Road
(Requires 3/4 vote)
Case No. 0415-02 Superior N&R Development, LLC: A change of
zoning from the"RS-6" Single-Family 6 District to the"RS-4.5"
Single-Family 4.5 District, not resulting in a change to the Future Land
Use Plan. The property to be rezoned is described as 19.697 acres out
of Lot 22, Section 48, Flour Bluff and Encinal Farm and Garden Tracts,
located south of Graham Road between Ruddock Drive and Dove
Lane.
Staff Recommendation: Approval of the change of zoning from the
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"RS-6" Single-Family 6 District to the "RS-4.5" Single-Family 4.5
District.
Planning Commission Recommendation (April 8, 2015): Denial of the
change of zoning from the"RS-6" Single-Family 6 District to the
"RS-4.5" Single-Family 4.5 District.
Ordinance:
Ordinance amending the Unified Development Code ("UDC"), upon
application by Superior N&R Development, LLC ("Owner"), by
changing the UDC Zoning Map in reference to 19.697 acres out of Lot
22, Section 48, Flour Bluff and Encinal Farm and Garden Tracts, from
the "RS-6" Single-Family 6 District to the "RS-4.5" Single-Family 4.5
District; amending the Comprehensive Plan to account for any
deviations; and providing for a repealer clause and publication.
Mayor Martinez referred to Item 16.Director of Development Services Dan
Grimsbo stated that the purpose of this item is to rezone the subject property
to allow the construction a single-family subdivision.Mr.Grimsbo said that the
Planning Commission recommended denial of the change of the zoning.The
Planning Commission had concerns regarding increased density and the
impact to existing wetlands.Staff recommended approval of the zoning change
because the currently zoning allows for single-family development.Mr.
Grimsbo stated that the opposition totaled more than 20%and a vote for
approval would require a super-majority vote.Mayor Martinez opened the
public hearing.Debby Krause and Dee Poses spoke in opposition to the zoning
change and expressed concern with the natural wetlands and drainage.Clyde
Mahavier said he did not support the zoning change because it will cause
flooding issues for the current residents on Dove Lane and changing the lots
to a smaller size will negatively affect the price of land.Moses Mostaghasi,
representing the owner said the owner has no intention of touching the pond
area and explained that the zoning change would only increase the number of
homes by 16 more than the current zoning allows.Mayor Martinez closed the
public hearing.Council members spoke regarding the following topics:the
location of the pond in relation to the subject property;the setback for the
proposed zoning;whether the current residents are aware that the subject
property is currently zoned single-family residential;whether the zoning
change would increase the density;the procedures for mitigating wetlands;
adequate drainage during the platting process;the impact the zoning change
would have on the neighborhood regarding drainage;the possibility that
rezoning the property to"RS-4.5"could limit the ability to have a bed and
breakfast;whether wastewater is currently available on Graham Road;
drainage requirements;the change in lot size requiring that wastewater be
available;and requesting that staff provide information prior to second reading
on the plan for wastewater and if residents can tap into the wastewater line.
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: 7- Mayor Martinez, Council Member Garza,Council Member Magill,Council
Member McIntyre,Council Member Riojas,Council Member Rosas and
Council Member Scott
Nay: 2- Council Member Rubio and Council Member Vaughn
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Abstained: 0
17. Public Hearing and First Reading Ordinance - Rezoning from
Farm Rural to Single-Family on Tract 1, Neighborhood
Commercial on Tract 2, and Multifamily on Tract 3 at 3401, 3421,
and 3513 Airline Road
Case No. 0415-01 MPM Development, LP: A change of zoning from
the"FR" Farm Rural District to the"RS-6" Single-Family 6 District on
Tract 1, "CN-1" Neighborhood Commercial District on Tract 2, and
"RM-2" Multifamily 2 District on Tract 3, resulting in a change to the
Future Land Use Plan. The property to be rezoned is described as
Tract 1 being 22.186 acres out of Lots 12, 13, 14, 19, 20, and 21,
Section 22, Flour Bluff and Encinal Farm and Garden Tracts, Tract 2
being 1.774 acres out of Lot 12, Section 20, Flour Bluff and Encinal
Farm and Garden Tracts, and Tract 3 being 10.183 acres out of Lots
21 and 22, Section 20, Flour Bluff and Encinal Farm and Garden
Tracts, located east of Airline Road at the intersection of Brooke Road.
Planning Commission and Staff Recommendation (April 8, 20151;
Approval of the change of zoning from the"FR" Farm Rural District to
the to the"RS-6" Single-Family 6 District on Tract 1, "CN-1"
Neighborhood Commercial District on Tract 2, and "RM-2" Multifamily
2 District on Tract 3.
Ordinance:
Ordinance amending the Unified Development Code ("UDC"), upon
application by MPM Development, LP ("Owner"), by changing the UDC
Zoning Map in reference to Tract 1 being 22.186 acres out of Lots 12,
13, 14, 19, 20, and 21, Section 22, Flour Bluff and Encinal Farm and
Garden Tracts, Tract 2 being 1.774 acres out of Lot 12, Section 20,
Flour Bluff and Encinal Farm and Garden Tracts, and Tract 3 being
10.183 acres out of Lots 21 and 22, Section 20, Flour Bluff and
Encinal Farm and Garden Tracts, from the"FR" Farm Rural District to
the"RS-6" Single-Family 6 District on Tract 1, "CN-1" Neighborhood
Commercial District on Tract 2, and "RM-2" Multifamily 2 District on
Tract 3; amending the Comprehensive Plan to account for any
deviations; and providing for a repealer clause and publication.
Mayor Martinez referred to Item 17.Director of Development Services Dan
Grimsbo stated that the purpose of this item is to rezone the subject property
to allow for single-family,multi-family,and commercial development.Mr.
Grimsbo stated that the Planning Commission and staff were in support 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.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:
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Aye: 8- Mayor Martinez,Council Member Garza, Council Member Magill, Council
Member McIntyre,Council Member Riojas, Council Member Rosas,
Council Member Scott and Council Member Vaughn
Absent: 1 - Council Member Rubio
Abstained: 0
N. REGULAR AGENDA: (ITEMS 18 and 20)
18. Second Reading Ordinance-Type A Grant for Govind
Development, LLC Located at 9359 IH 37(1st Reading 4/28/15)
Ordinance approving a Business Incentive Agreement between the
Corpus Christi Business and Job Development Corporation ("Type A
Corporation") and Govind Development, LLC ("Govind") to provide a
grant of up to $908,000, for the creation and retention of jobs 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 Govind Business
Incentive Agreement for the creation and retention of jobs; and
appropriating $908,000 from the unreserved fund balance in the No.
1140 Business/Job Development Fund for said business incentive
grant from the Type A Corporation to Govind; and changing the FY
2014-2015 operating budget, adopted by Ordinance No. 030294, by
increasing expenditures by $908,000.
Mayor Martinez referred to Item 21.Emily Martinez with the Corpus Christi
Regional Economic Development Corporation stated that the purpose of this
item is to approve a Type A grant for Govind Development,LLC in the amount
of$908,000.Council Member McIntyre made a motion to amend the contract,
Section 3.a to include the following language,"company agrees that they shall
provide adequate documentation that they comply with the guidelines and
criteria for creation of primary jobs(Type A Guidelines)as approved by
Council,November 9,2010.";seconded by Council Member Scott and passed
unanimously.Council Member Vaughn stated that she applauded the success
of the company,but could not support this item because she is afraid it would
be an unfair disadvantage to other engineering firms.Council Member Garza
made a motion to approve the ordinance,seconded by Council Member Riojas.
This Ordinance was passed on second reading as amended and approved with
the following vote:
Aye: 7- Mayor Martinez, Council Member Garza, Council Member Magill,Council
Member McIntyre, Council Member Riojas, Council Member Rosas and
Council Member Scott
Nay: 2- Council Member Rubio and Council Member Vaughn
Abstained: 0
Enactment No:030500
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20. Engineering Contract Amendment No. 1 for Construction Material
Testing for the Citywide Street Preventative Maintenance (SPMP)
Program Year 2
Motion authorizing the City Manager, or designee, to execute
Amendment No. 1 with Rock Engineering &Testing Laboratory, Inc. of
Corpus Christi, Texas in the amount of$75,306.00 for a restated fee of
$181,250.00 for the Citywide Street Preventative Maintenance
Program (SPMP)Year 2 project.
Mayor Martinez referred to Item 20.Executive Director of Public Works Valerie
Gray stated that the purpose of this item is to execute an amendment with
Rock Engineering and Testing Laboratory,Inc.for the Citywide Street
Preventative Maintenance Program Year 2 project.The material testing is
associated with the overlay and sealcoat work associated with the project.Ms.
Gray stated that when this item was presented as a future agenda item,it was
listed incorrectly on the agenda as an Amendment No.3.This contract should
be an Amendment No.1.There were no comments from the Council or the
public.Council Member Rubio made a motion to approve the motion,
seconded by Council Member McIntyre.This Motion was passed 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: M2015-046
O. FIRST READING ORDINANCES: (ITEMS 21 -22)
21. First Reading Ordinance-Approving agreement and
appropriating funds to reimburse developer for construction of
off-site wastewater collection line for subdivision located on the
south side along Holly Road, east of Rodd Field Road (SH 357)
and west of Encino Drive.
Ordinance authorizing execution of a wastewater collection line
extension construction and reimbursement agreement("Agreement")
with Palm Land Investment, Inc. ("Developer"), for the construction of
a wastewater collection line and appropriating $245,864.14 from the
No. 4220 Sanitary Sewer Collection Line Trust Fund to reimburse the
Developer in accordance with the Agreement.
Mayor Martinez referred to Item 21.Director of Development Services Dan
Grimsbo stated that the purpose of this item is to execute a wastewater
collection line extension construction and reimbursement agreement with
Palm Land Development for the construction of an off-site wastewater
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collection line for Sandy Creek Subdivision.In response to Council Member
Rubio,Mr.Grimsbo stated that the line has been installed and the project
qualified for a reimbursement.The City entered into an agreement with the
developer and reimbursed only the funds available in the Sanitary Sewer
Collection Fund.The funds are now available and this agreement is for the
remaining balance owed to the developer.There were no comments from the
public.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: 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
22. First Reading Ordinance-Amending City Code to add Article IV,
Public Works Contracts to Chapter 17 related to debarment,
suspension and ineligibility of contractors
Ordinance amending the Code of Ordinances by adding Article IV,
Public Works Contracts to Chapter 17 to provide for policies and
procedures related to public works contracts related to debarment,
suspension and ineligibility of contractors; authorizing the City
Manager or designee to make rules and establish methods and
procedures necessary to implement the article; 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 amend the Code of Ordinances
to provide for policies and procedures related to debarment,suspension and
ineligibility of contractors.This process will help protect the City's interests
and from fraud,waste and abuse and helps the City to avoid doing business
with non-responsible contractors and bidders.The Ordinance was posted on
the City's website and emailed to a list of vendors to provide awareness and
receive input There were no comments from the public.Council members
spoke regarding the following topics:clarification on the communication with
stakeholders;the need for a process to debar and suspend vendors;concerns
with implementation and language;clarification on which staff member has the
ability to recommend suspension or debarment;the ordinance allowing for
subjectivity;the criteria and procedures to evaluate contractors;having the
procedures available for review to allow the City Council to consider prior to
supporting the ordinance and for stakeholders to provide input;whether this
ordinance focuses solely on public works projects or other department
vendors;whether the ordinance can be delayed until June 9th;development of
a flow chart to better understand the process;and the appeal process.Council
Member Mark Scott made a motion to table Item 22 to June 9,2015,seconded
by Council Member Colleen McIntyre and passed unanimously.
P. FUTURE AGENDA ITEMS: (ITEMS 23 -27)
Mayor Martinez referred to Future Agenda Items.Deputy City Manager Margie
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Rose stated that staff had planned presentations on Items 24,25,and 27.
23. Mutual Aid Agreement with Naval Air Station Corpus Christi, Fire
Departments and Emergency Service districts in Nueces County
for fire fighting assistance
Resolution authorizing the City Manager, or his designee, to execute a
Mutual Aid Agreement with the Naval Air Station Corpus Christi and
the fire departments and emergency service districts located in
Nueces County for the provision of fire fighting assistance.
This Resolution was recommended to the consent agenda.
24. Approving use of Type A Seawall Sales Tax Funding and
approving job order construction contract for Miradores
Improvement Project
Motion authorizing the City Manager or designee to execute a Job
Order Contract with Barcom Commercial, Inc. in the amount of
$318,624.56 for the Miradores Improvement Project, for improvements
to the eight Miradores located on the Seawall.
This Motion was recommended to the consent agenda.
25. Engineering Contract Amendment No. 1 - Engineering services
for the installation of two diesel power generators at Navigation
and Staples Pump Stations for the Alternative Capacity Power
Generation
Motion authorizing the City Manager or designee to execute
Amendment No. 1 to the engineering contract with Bath Engineering of
Corpus Christi, Texas in the amount of$90,955 for a total restated fee
not to exceed $123,455 for the Alternative Capacity Power Generation.
This Motion was recommended to the consent agenda.
26. Engineering Construction Contract and Engineering Professional
Services Contract for the Lifecycle Curb and Gutter Replacement
Project
Motion authorizing the City Manager, or designee, to execute a
construction contract with A. Ortiz Construction & Paving, Inc. of
Corpus Christi, Texas in the amount of$445,950 for the Lifecycle Curb
and Gutter Replacement for base bid and to execute a Contract for
Professional Services with Engineering & Construction Management
Services, LLC (ECMS, LLC) in the amount of$88,440.00 for the
Lifecycle Curb and Gutter Replacement project.
This Motion was recommended to the consent agenda.
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27. Change Order No. 15 for the Runway 17-35
Extension/Displacement and Connecting Taxiway Project
Motion authorizing the City Manager or designee to execute Change
Order No. 15 with Bay, Ltd. of Corpus Christi, Texas in the amount of
$298,651.24 for a total restated fee of$15,361,021.36 for the Runway
17-35 Extension/Displacement and Connecting Taxiway project.
This Motion was recommended to the consent agenda.
Q. BRIEFINGS: (ITEM 28)
28. Corpus Christi Convention &Visitors Bureau -Fiesta de la Flor
Mayor Martinez referred to Item 28.Paulette Kluge,CEO of the Corpus Christi
Convention and Visitors Bureau stated that the purpose of this item is to
provide a summary of the Fiesta de la Flor event to celebrate the life and
legacy of Selena.Ms.Kluge began the presentation with a picture taken on
Saturday evening of the event capturing the amount of people in attendance.
Ms.Kluge presented information on the following:the marketing efforts used
to promote the event;the total number in attendance,advance ticket sales,
hotel information and CCRTA Park-n-Ride Ridership;the various states
represented based on ticket sales;social media results;total media circulation
and ad value;and the economic impact Ms.Kluge announced that the next
Fiesta de la Flor event will be held May 6-7,2016.
Council members spoke regarding the following topics:the success of the
event;the assistance provided by the Emergency Operations Center(EOC)
during Friday night's storm event;fireworks display;and informing the public
that next year's event will not conflict with the annual Buc Days parade which
will be held on an early week.
R. LEGISLATIVE UPDATE:
Legislative Update
Mayor Martinez referred to the Legislative Update.Director of
Intergovernmental Relations Tom Tagliabue stated that the purpose of this
item is to provide an update on the City Legislative agenda.Mr.Tagliabue
reported on the City Council's priority issues that are still being considered
including:the statewide transportation funding increase;military value
funding;raising the Defense Economic Adjustment Assistance Grant(DEAGG);
securing 2%portion of HOT tax for beach cleaning;and windstorm insurance.
Mr.Tagliabue provided a status on the issues the City actively supports
including no changes to the school start date and the House defeating the
Marina Jobs Build.Mr.Tagliabue provided a brief overview City endorsed
projects.Mr.Tagliabue presented an update on the annexation bill,HB 221;
revenue cap legislation;the red light camera bans;and HB 2594 regarding
Blackard Global.Mayor Martinez spoke on the indirect impact of the
annexation bill HB 2221 and encouraged the City Council to express written
support opposing the bills regarding revenue caps including SB182,SB 1760,
and HB1965.
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S. ADJOURNMENT
The meeting was adjourned at 6:19 p.m.
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