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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 August 9, 2016 which were approved by the City
Council on August 16, 2016.
WITNESSETH MY HAND AND SEAL, on this the 16th day of August, 2016.
Rebecca Huerta
City Secretary
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Meeting Minutes
City Council
Tuesday,August 9,2016 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 Reverend Gloria Lear, First United Methodist Church.
Reverend Gloria Lear gave the invocation.
C. Pledge of Allegiance to the Flag of the United States to be led by Roxana
Stevens,Assistant City Attorney.
Assistant City Attorney Roxana Stevens 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 Brian Rosas,Council Member Mark Scott, and
Council Member Carolyn Vaughn
Absent: 1 - Council Member Lucy Rubio
E. Proclamations/Commendations
1. Proclamation declaring August 9, 2016, "Coastal Bend State Veterans
Cemetery Memorial Service Detachment Day".
Proclamation declaring August 8-12, 2016, "National Forensic Science
Week".
Goodwill Ambassador Recognition Presented to Coastal Bend State
Veterans' Honor Guard.
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Mayor Martinez presented the proclamations and Goodwill Ambassador
Recognition to the Coastal Bend State Veterans'Honor Guard.
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 referred to comments from the public.Libby Edwards,15309 E.
Chesapealle,provided an update on the topics discussed at the Island
Strategic Action Committee's(ISAC)August meeting:approval of the draft
ordinance regarding banning plastic bags and a discussion on a new bike and
hike trail at Padre Balli Park.William Goldston,13721 Tajamar,on behalf of the
Corpus Christi Chapter of American Council of Engineering Companies,spoke
in support of a$5 per month user fee in lieu of ad valorem taxes as a funding
mechanism for residential street reconstruction.Jack Gordy,4118 Bray,spoke
regarding the enforcement of the City ordinance requiring address numbers to
be visible on buildings.Lee Brame,505 Cole Street,and Dorothy Spann,505
Del Mar,spoke regarding the Corpus Christi Regional Transportation Authority
(RTA)buses traveling down the residential streets near the Six Points area and
asked the City Council to address this issue with the RTA.Claude Axel thanked
the City Council for appointing Margie C.Rose City Manager.Betty Clark,3033
Brawner Parkway,spoke regarding the charges on her water/wastewater bill.
Erica Gerdes requested that the City provide more awareness to the homeless
when water boil issues occur and make water accessible to the homeless in
the community.Rachel O'Reilly,925 Park,on behalf of For the Greater Good
spoke regarding corporations profiting from the City's water supply and the
ability to recycle plastic for money.Rolando Garza,401 Staples,encouraged
the City Council to leave the bond issues on the ballot for voters to consider.
Rey Madrigal,4253 Dody,requested a discount on water service in the month
of December as a credit for unused water during the recent water boil.
G. CITY MANAGER'S COMMENTS/UPDATE ON CITY OPERATIONS:
Mayor Martinez referred to City Manager's Comments.City Manager Margie C.
Rose reported on the following topics:
a. OTHER
1)City Manager Rose and Director of Municipal Court Gilbert Hernandez
recognized several Municipal Court Clerks who recently received their
Municipal Court Clerk Certification from the Texas Municipal Court Education
Center.To be certified,clerks have to participate in several hours of training
and must pass a three-part exam that can take four hours to complete.The
training and certification is part of the continuous improvement process at
Municipal Court.It is important for employees to stay current on court process,
statute changes,and costs.2)The Waldron Road Completion Celebration will
be held on Friday,August 12,2016 at 9:00 a.m.at the corner of Waldron Road
r
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and Glenoak Drive.The$2.6 million reconstruction project from Glenoak Drive
to Caribbean Drive,includes new sidewalks,ADA curbs and ramps,and
underground utility improvements.3)United Airlines will be bringing in new,
larger planes to the Corpus Christi International Airport(CCIA).Nearly half of
the United Airlines flights out of CCIA have been upgraded with the number of
available seats increasing by 40%to 50%depending on the plane.This
represents a gradual change from some of the smaller planes that average
about 50 seats.CCIA encourages citizens to use these larger planes to
increase demand and allow more options in the future.
H. MINUTES:
2. Regular Meeting of July 26, 2016
Mayor Martinez referred to approval of the minutes.Council Member Garza
made a motion to approve the minutes,seconded by Council Member Magill
and passed unanimously.
I. BOARD & COMMITTEE APPOINTMENTS:
3. Food Service Advisory Committee
Planning Commission
Mayor Martinez referred to board and committee appointments.The following
appointments were made:
Food Service Advisory Committee
Council Member Magill made a motion to reappoint Patricia Polastri
(Community At-Large),seconded by Council Member McIntyre and passed
unanimously.
Council Member Magill made a motion to appoint Ted Schroeder(Food
Industry),seconded by Council Member McIntyre and passed unanimously.
Planning Commission
Council Member Scott made a motion to reinstate Carl Crull,seconded by
Council Member McIntyre and passed unanimously.
J. EXPLANATION OF COUNCIL ACTION:
K. CONSENT AGENDA: (ITEMS 4-15)
Approval of the Consent Agenda
Mayor Martinez referred to the Consent Agenda.There were no comments from
the Council or the public.
A motion was made by Council Member Magill,seconded by Council Member
Garza,to approve the Consent Agenda.The consent agenda items were
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approved by one vote as follows:
Aye: 8- Mayor Martinez, Council Member Garza,Council Member Hunter, Council
Member Magill,Council Member McIntyre, Council Member Rosas,
Council Member Scott and Council Member Vaughn
Absent: 1 - Council Member Rubio
Abstained: 0
4. Resolution for the purchase of Body Worn Video Cameras for the
Police Department
Resolution authorizing the City Manager, or designee, to purchase
body worn video cameras for the Police Department from Coban
Technologies Inc., of Houston, Texas, for a total cost of$130,414.00,
with funding available in the FY 2015-2016 Police Grants Fund.
This Resolution was passed on the Consent Agenda.
Enactment No: 030909
5. Purchase of 37 Ford Explorer Vehicles for the Police Department
Motion approving the purchase of 37 Ford Explorer Vehicles from
Caldwell Country Ford-Chevrolet, Caldwell, Texas for a total amount of
$1,077,680.90. The award is based on the cooperative purchasing
agreement with Texas Local Government Purchasing Cooperative
(TLGPC), dba BuyBoard. Funds have been budgeted by CC Crime
Control and Fleet Maintenance Services in FY 2015-2016.
This Motion was passed on the Consent Agenda.
Enactment No: M2016-089
6. Renewal of state and federal external legislative consultant
contracts
Motion authorizing the City Manager to execute 24-month renewal
agreements for governmental relation services with Focused Advocacy
for state governmental relations services for$108,000 per year plus
reasonable expenses and with Meyers &Associates for federal
governmental relations services for$78,000 per year plus reasonable
expenses.
This Motion was passed on the Consent Agenda.
Enactment No: M2016-090
7. Second Reading Ordinance- Rezoning property located located
on the south side of Compton Road approximately 1,250 feet west
of Waldron Road (1st Reading 7/26/16)
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Case No. 0616-05 CCSemloh Partnership, Ltd.: A change of zoning
from the"RE" Residential Estate District and "CG-1" General
Commercial District to the"CG-2" General Commercial District. The
property to be rezoned is described as Tract 1: Being 10.536 acres out
of Lots 6 and 11, Section 48, Flour Bluff and Encinal Farm and Garden
Tracts and Tract 2: Being 0.552 acres out of Lots 7 and 10, Section
48, Flour Bluff and Encinal Farm and Garden Tracts, located on the
south side of Compton Road approximately 1,250 feet west of
Waldron Road.
Planning Commission and Staff Recommendation (June 29, 2016):
Tract 1: Denial of the change of zoning from the"RE" Residential
Estate District and "CG-1" General Commercial District to the"CG-2"
General Commercial District, and in lieu thereof, approval of a"RE/SP"
Residential Estate District with a Special Permit for a boat and
recreational vehicle storage facility subject to compliance with the
setbacks and buffering elements identified in the site plan and thirteen
conditions.
Tract 2: Approval of the rezoning from the"RE" Residential Estate
District and "CG-1" General Commercial District to the"CG-2" General
Commercial District.
Ordinance:
Ordinance amending the Unified Development Code ("UDC"), upon
application by CCSemloh Partnership, Ltd. ("Owner"), by changing the
UDC Zoning Map in reference to 10.536 acres out of Lots 6 and 11,
Section 48, Flour Bluff and Encinal Farm and Garden Tracts (Tract 1)
from the"RE" Residential Estate District and "CG-1" General
Commercial District to the"RE/SP" Residential Estate District with a
Special Permit for a boat and recreational vehicle storage facility, and
in reference to 0.552 acres out of Lots 7 and 10, Section 48, Flour
Bluff and Encinal Farm and Garden Tracts (Tract 2) from the"RE"
Residential Estate District and "CG-1" General 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.
This Ordinance was passed on second reading on the Consent Agenda.
Enactment No:030910
8. Second Reading Ordinance- Rezoning property located at 1322
Rhew Road (1st Reading 7/26/16)
Case No. 0616-06 Isaias Franco: A change of zoning from the"R-MH"
Manufactured Home District to the"IL/SP" Light Industrial District with
a Special Permit on Tract 1 for a concrete batching plant and to the
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"IL" Light Industrial District on Tract 2. Tract 1 is described as a
4.00-acre tract and Tract 2 is described as a 25.003-acre tract, both
tracts being out of the Anthony C. Page Survey 591, Abstract 1010
and the A.M. French Survey 312, Abstract 1018. The subject property
is located on the east side of Rhew Road between Leopard Street and
Sedwick Road.
Planning Commission and Staff Recommendation (June 29, 2016):
Tract 1: Approval of the"IL/SP" Light Industrial District with a Special
Permit subject to nine conditions.
Tract 2: Approval of the"IL" Light Industrial District.
Ordinance:
Ordinance amending the Unified Development Code ("UDC"), upon
application by Isaias Franco ("Owner"), by changing the UDC Zoning
Map in reference to Tract 1, described as a 4.00-acre tract, to the
"IUSP" Light Industrial District with a Special Permit for a concrete
batching plant, and in reference to Tract 2, described as a 25.003-acre
tract, to the"IL" Light Industrial District, both tracts being out of the
Anthony C. Page Survey 591, Abstract 1010 and the A.M. French
Survey 312, Abstract 1018; amending the Comprehensive Plan to
account for any deviations; and providing for a repealer clause and
publication.
This Ordinance was passed on second reading on the Consent Agenda.
Enactment No:030911
9. Second Reading Ordinance-Accepting a grant from KaBOOM!
and a donation from Beautify Corpus Christi Association (BCCA)
to build a playground and improve Dr. H. C. Dilworth Park(1st
Reading 7/26/16)
Ordinance authorizing the City Manager or designee to execute
documents to apply for and accept park equipment estimated value of
$300,000 from KaBOOM! for park improvements at Dr. H. C. Dillworth
Park and to accept$8,500 in donated funds from Beautify Corpus
Christi Association, and to appropriate said funds in the no. 4720
Community Enrichment Fund for the park improvements.
This Ordinance was passed on second reading on the Consent Agenda.
Enactment No:030912
10. Second Reading Ordinance-Amending City Code regarding
Sister City Committee (1st Reading 7/26/16)
Ordinance amending City Code of Ordinances regarding Sister City
Committee and authorizing the City Manager or designee to execute a
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Memorandum of Agreement with the Corpus Christi Convention and
Visitors Bureau regarding management of the committee
This Ordinance was passed on second reading on the Consent Agenda.
Enactment No:030913
11. Second Reading Ordinance- Exemption from the Wastewater
Acreage/Lot Fees for Nueces Garden No.2, Lot 49A located south
of Leopard Street and west of Starlite Lane within Allison Service
Area (1st Reading 7/26/16)
Ordinance exempting Nueces Garden No.2, Lot 49A located south of
Leopard Street and West of Starlite Lane, from the payment of
wastewater lot and acreage fees pursuant to Section 8.5.2.G.1. of the
Unified Development Code; requiring the owner/developer to comply
with the specified conditions.
This Ordinance was passed on second reading on the Consent Agenda.
Enactment No:030914
12. Second Reading Ordinance-Approving agreement and
appropriating funds to reimburse developer for the construction
of a water distribution main located alongside Up River Road,
south of Interstate Highway 37, east of McKenzie Road and north
of Leopard Street. (1st Reading 7/26/16)
Ordinance authorizing city manager or designee to execute a
distribution main extension and construction and reimbursement
agreement("Agreement") with Vantage at Corpus Christi, LLC.,
("Developer"), for the construction of a water distribution main line and
appropriating $4,154.50 from the No. 4030 Water Distribution Main
Trust Fund to reimburse the Developer in accordance with the
Agreement.
This Ordinance was passed on second reading on the Consent Agenda.
Enactment No: 030915
13. Second Reading Ordinance-Closing a utility easement located at
4000 S. Staples (1st Reading 7/26/16)
Ordinance abandoning and vacating a 0.041-Acre portion of an
existing utility easement out of a part of Lots 7 and 8, Block 5 of
Hamlin Place Unit 2-Corpus Christi Subdivision, located at 4000 S.
Staples and requiring the owner, American Electric Power(AEP)
Texas Central Company, to comply with the specified conditions.
This Ordinance was passed on second reading on the Consent Agenda.
Enactment No:030916
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14. Second Reading Ordinance-Authorizing a Participation
Agreement for Bicycle Sharing Program with the Corpus Christi
Downtown Management District(1st Reading 7/26/16)
Ordinance authorizing the City Manager or designee to execute a
participation agreement for Bicycle Sharing program with the Corpus
Christi Downtown Management District for$90,000 over 3 years; and
authorizing the City Manager or his designee to execute Licenses for
Use of City Property to install bicycle racks for bicycle sharing service
with Zagster, Inc (" Licensee")
This Ordinance was passed on second reading on the Consent Agenda.
Enactment No: 030917
15. Second Reading Ordinance-Appropriating estimated increased
revenues related to Warehouse merchandise sold (1st Reading
7/26/16)
Ordinance appropriating estimated increased revenues of$700,000 in
the No. 5010 Stores Fund to cover projected increased expenses in
the City's Warehouse related to the cost of Warehouse merchandise
sold and amending the FY 2015-2016 operating budget adopted by
Ordinance No. 030620 by increasing revenues and expenditures by
$700,000 each.
This Ordinance was passed on second reading on the Consent Agenda.
Enactment No: 030918
O. FIRST READING ORDINANCES: (ITEM 27)
SPECIAL ELECTION ITEMS (RELATED ITEMS 27)
27. First Reading Ordinance-Ordering Special Election Replacing
Type A Sales Tax to be administered by Type B Corporation;
Continuing Crime Control and Prevention District; Consideration
of Charter Amendments
Ordinance ordering a special election to be held on November 8, 2016,
in the City of Corpus Christi on the questions of: (1) replacing the
portion of the Type A sales tax that expires in 2018 with the adoption
of a one-eighth of one percent sales and use tax to be administered by
a Type B Corporation under Chapter 505 of the Texas Local
Government Code, to be effective for 20 years, with the use of the
proceeds for economic development, affordable housing, and streets;
(2) continuing the Corpus Christi Crime Control and Prevention District
and associated sales tax for 10 years; and (3) providing for
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consideration of amendments to the Charter of the City of Corpus
Christi; providing for procedures for holding such election; providing for
notice of election and publication thereof; providing for establishment
of branch early polling places; designating polling place locations;
authorizing a joint election with Nueces County; and enacting
provisions incident and relating to the subject and purpose of this
ordinance.
Mayor Martinez deviated from the agenda and referred to Item 27,ordinance
calling for a Special Election-Type B,Crime Control and Prevention District,
and Charter Amendments.lain Vasey,President/CEO of the Corpus Christi
Regional Economic Development Corporation(EDC),spoke on behalf of the
EDC and requested that the proposition regarding the language to replace the
Type A sales tax with Type B be amended to include the language
"(maintaining current levels)"to provide clarity to the public that this is not an
increase or decrease in taxes.City Attorney Miles K.Risley recommended the
language to read"(maintaining current levels of sales and use tax)".
Council Member Scott made a motion to amend the proposition as stated,
seconded by Council Member McIntyre and passed unanimously.
City Secretary Rebecca Huerta stated that purpose of this item is to order a
special election on November 8,2016 to submit to the voters the ballot
propositions for the following measures:the Type B Corporation tax;
continuation of the Corpus Christi Crime Control and Prevention District and
associated sales tax for 10 years;and providing for consideration of
amendments to the City Charter.
Council members spoke regarding the following topics:the Charter
amendment regarding the new tax for residential streets;inclusion of a sunset
clause in the Charter amendment for residential streets;an alternative to fund
residential streets that is a flat rate and an inclusive method that distributes the
cost to residential street users versus an ad valorem tax;a request to engage
in a discussion and investigate the possibility of a flat residential street
reconstruction funding source;the methodology regarding how to spend
funds to repair residential streets;the need for multiple revenue sources to
address residential streets;consideration to remove Proposition 3,the new tax
for residential streets;confidence in City staff to complete the work;
discussion of a user fee in executive session;the matrix used in 2014 to fund
the street preventative maintenance program;giving the option to the voters to
decide;and the 3D(Discuss,Discover,and Decide)process to address
residential streets.
Mayor Martinez read the following executive session language:
Executive Session pursuant to Section Texas Government Code§551.071 and
Texas Disciplinary Rules of Professional Conduct Rule 1.05 to consult with
attorneys concerning legal issues related to taxation and the use of municipal
funds for streets.
L. EXECUTIVE SESSION: (ITEMS 16 - 17)
Mayor Martinez deviated from the agenda and referred to the day's executive
sessions.The Council went into executive session on Items 27,16 and 17.
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16. Executive session pursuant to Texas Government Code§551.071
for consultation with attorneys regarding collective bargaining matters,
(including litigation) between the City of Corpus Christi and the Corpus
Christi Firefighters Association.
This E-Session Item was discussed in executive session.
17. Executive Session pursuant to Section Texas Government Code§
551.071 and Texas Disciplinary Rules of Professional Conduct Rule
1.05 to consult with attorneys concerning legal issues related to the
TxDOT Harbor Bridge Project and pursuant to Texas Government
Code§551.072 to deliberate the purchase, exchange, lease, or value
of real property if deliberation in an open meeting would have a
detrimental effect on the position of the governmental body in
negotiations with a third person, related to the TxDOT Harbor Bridge
Project.
This E-Session Item was discussed in executive session.
O. FIRST READING ORDINANCES: (ITEM 27)
SPECIAL ELECTION ITEMS (RELATED ITEMS 27)
27. First Reading Ordinance-Ordering Special Election Replacing
Type A Sales Tax to be administered by Type B Corporation;
Continuing Crime Control and Prevention District; Consideration
of Charter Amendments
Ordinance ordering a special election to be held on November 8, 2016,
in the City of Corpus Christi on the questions of: (1) replacing the
portion of the Type A sales tax that expires in 2018 with the adoption
of a one-eighth of one percent sales and use tax to be administered by
a Type B Corporation under Chapter 505 of the Texas Local
Government Code, to be effective for 20 years, with the use of the
proceeds for economic development, affordable housing, and streets;
(2) continuing the Corpus Christi Crime Control and Prevention District
and associated sales tax for 10 years; and (3) providing for
consideration of amendments to the Charter of the City of Corpus
Christi; providing for procedures for holding such election; providing for
notice of election and publication thereof; providing for establishment
of branch early polling places; designating polling place locations;
authorizing a joint election with Nueces County; and enacting
provisions incident and relating to the subject and purpose of this
ordinance.
The Council returned from executive session.Mayor Martinez returned to the
discussion on Item 27,an ordinance calling for a Special Election for Type B,
Crime Control and Prevention District,and Charter Amendments.
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MOTION OF DIRECTION
Council Member McIntyre made a motion directing the City Manager to bring
back a recommendation for an increase to the Solid Waste fee to reimburse the
residential street reconstruction fund for damage to residential streets to
enable reconstruction,seconded by Council Member Scott.
Discussion on the motion of direction included:concerns with utilizing the
Solid Waste rate;a 2016 Bond option to address residential street
reconstruction;the relationship between Solid Waste and the impact on
residential streets;payment assistance exemptions on utility bills for
low-income residents;and a request to bring back information on how funds
would be spent,by next Council meeting.
The motion of direction passed unanimously.
Mayor Martinez called for comments from the public.John Stubblefield,2101
Richland,spoke regarding recent street repairs made on a portion of Yorktown
Boulevard from Rodd Field Road to Fred's Folley that are already coming apart
and asked if subsurface work would be part of the rate considerations.
Executive Director of Public Works Valerie Gray stated that this section of
Yorktown Boulevard was done under the Street Preventative Maintenance
program and staff is working with the contractor to address the issue.
Council Member Garza made a motion to approve the ordinance as amended,
seconded by Council Member McIntyre.This Ordinance was passed on first
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 Rosas,
Council Member Scott and Council Member Vaughn
Absent: 1 - Council Member Rubio
Abstained: 0
M. PUBLIC HEARINGS: (ITEMS 18 - 19)
18. Public Hearing and First Reading Ordinance - Rezoning property
located at 2002 and 2020 Ramfield Road
Case No. 0716-01 The Estate of Joan Wakefield Urban: A change of
zoning from the"RS-6" Single-Family 6 District and "FR" Farm Rural
District to the"IL" Light Industrial District on Tract 1 and from the
"RS-6" Single-Family 6 District and "FR" Farm Rural District to the
"RS-22" Single-Family 22 District on Tract 2. Tract 1 is described as
being 4.64 acres and Tract 2 being 23.59 acres with both tracts being
out of Lots 31 and 32, Section 39, Flour Bluff and Encinal Farm and
Garden Tracts, located on the northeast corner of Roscher Road and
Ramfield Road.
Planning Commission and Staff Recommendation (July 13, 2016):
Tract 1: Denial of the change of zoning from the"RS-6" Single-Family
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6 District and "FR" Farm Rural District to the"IL" Light Industrial District
and, in lieu thereof, approval of the "RS-22/SP" Single-Family 22
District with a Special Permit, and Tract 2: Approval of the change of
zoning from the"RS-6" Single-Family 6 District and "FR" Farm Rural
District to the"RS-22" Single-Family 22 District.
Ordinance:
Ordinance amending the Unified Development Code ("UDC"), upon
application by The Estate of Joan Wakefield Urban ("Owner"), by
changing the UDC Zoning Map from the"FR" Farm Rural District and
the"RS-6" Single-Family 6 District to the"RS-22/SP" Single-Family 22
District with a Special Permit in reference to Tract 1 and to the"RS-22"
Single-Family 22 District in reference to Tract 2, Tract 1 being 4.64
acres and,Tract 2 being 23.59 acres with both tracts being out of Lots
31 and 32, Section 39, Flour Bluff and Encinal Farm and Garden
Tracts, amending the Comprehensive Plan to account for any
deviations; and providing for a repealer clause and publication.
Mayor Martinez deviated from the agenda and referred to Item 18.Interim
Director of Development Services Daniel McGinn stated that the purpose of
this item is to rezone the subject property to bring an existing kennel into
compliance with the current zoning regulations on Tract 1 and allow for
half-acre single-family residential lots on Tract 2.The property is located in the
Navy's Air Installation Compatible Use Zone(AICUZ).Mr.McGinn stated that
the Planning Commission and staff recommend on Tract 1:denial of the
change of zoning to the"IL"Light Industrial District and,in lieu thereof,
approval of the"RS-22/SP"Single-Family District with a Special Permit subject
to five conditions.
Mayor Martinez opened the public hearing.John Stubblefield,2101 Richmond,
and Cheryl Stubblefield,2101 Richmond,spoke in opposition to the zoning
change for the following reasons:residential estate zoning would be more
comparable to the area;concern for the conservation of wildlife;and the
existing kennel not being in compliance.Jim Urban,Executor for the subject
property,stated that the rezoning request was made to support his mother's
wishes to continue operation of the kennel and currently has no interest in
developing Tract 2.Mayor Martinez closed the public hearing.
Council Members spoke regarding the following topics:the distinction
between Tracts 1 and 2;the applicant's desire to not develop Tract 2;the
reasons for staffs recommendation to rezone Tract 2 at this time;allowable
uses in the current zoning of"RS-6";there being no access to City wastewater
at this time;changing the zoning to be consistent with the Flour Bluff Area
development and complying with the land use goals of the Joint Land Use
Study(JLUS).
Council Member McIntyre made a motion to approve the ordinance,seconded
by Council Member Scott.This Ordinance was passed on first reading and
approve with the following vote:
Aye: 7- Mayor Martinez,Council Member Garza,Council Member Hunter,Council
Member Magill,Council Member McIntyre, Council Member Rosas and
Council Member Scott
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Nay: 1 - Council Member Vaughn
Absent: 1 - Council Member Rubio
Abstained: 0
19. Public Hearing and First Reading Ordinance-Rezoning property
located at 9525 Leopard Street
Case No. 0716-02 Shaws Development Joint Venture: A change of
zoning from the "RS-6" Single-Family 6 District to the"RS-4.5"
Single-Family 4.5 District. The property is described as being an
11.84-acre tract of land out of Lots 1, 8 and 9, Artemus Roberts
Subdivision, located on the west side of Rand Morgan Road between
Goodnight Loving Trail and McNorton Road.
Planning Commission and Staff Recommendation (July 13, 2016):
Approval of the change of zoning from the "RS-6" Single-Family 6
District to the"RS-4.5" Single-Family 4.5 District.
Ordinance:
Ordinance amending the Unified Development Code ("UDC"), upon
application by Shaws Development Joint Venture ("Owner"), by
changing the UDC Zoning Map in reference to an 11.84-acre tract of
land out of Lots 1, 8 and 9, Artemus Roberts Subdivision, 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 19.Interim Director of Development Services
Daniel McGinn stated that the purpose of this item is to rezone the subject
property to allow development of a single-family subdivision with small lot
sizes consistent with the subdivision to the north of the property.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.
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: 8- Mayor Martinez, Council Member Garza,Council Member Hunter,Council
Member Magill, Council Member McIntyre,Council Member Rosas,
Council Member Scott and Council Member Vaughn
Absent: 1 - Council Member Rubio
Abstained: 0
N. REGULAR AGENDA: (ITEMS 20-21)
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20. Setting the City Council Meeting Date to Adopt the Property Tax
Rate
Motion setting September 13, 2016 as the date of the adoption of the
ad valorem tax rate of$0.606264 per$100 valuation.
Mayor Martinez referred to Item 20.Director of Financial Services Constance
Sanchez stated that Items 20 and 21 are the first in a series of agenda items in
relation to setting the property tax rate for FY16-17.The truth-in taxation guide
for setting the property tax rate outlines specific steps necessary to be in
compliance with the Texas Constitution and the Tax Code.The proposed
FY2017 budget includes a property tax rate of$0.606264 per$100 valuation,
which is the same rate as the current fiscal year.The purpose of Item 20 is to
set September 13,2016 as the date of adoption of the ad valorem tax rate.The
purpose of Item 21 is to set the public hearings on the ad valorem tax rate for
August 23,2016 and August 30,2016.There were no comments from the
Council or the public.
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 Rosas,
Council Member Scott and Council Member Vaughn
Absent: 1 - Council Member Rubio
Abstained: 0
Enactment No:M2016-091
21. Scheduling Two Public Hearings Related to Fiscal Year 2016-2017
Property Tax
Motion setting a public hearing on the ad valorem tax rate for August
23, 2016 and a second public hearing for August 30, 2016 during the
City Council meeting beginning at 11:30 a.m. at City Hall, 1201
Leopard Street, Corpus Christi, Texas.
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 Rosas,
Council Member Scott and Council Member Vaughn
Absent: 1 - Council Member Rubio
Abstained: 0
Enactment No:M2016-092
O. FIRST READING ORDINANCES: (ITEMS 22 -26 and 28)
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22. First Reading Ordinance-Ratifying Acceptance of Emergency
Management Performance Grant(EMPG)
Ordinance ratifying acceptance of a grant from the Texas Department
of Public Safety, Governor's Division of Emergency Management, in
the amount of$70,159.20 for the Emergency Management
Performance Grant(EMPG); and appropriating $70,159.20 from the
Emergency Management Performance Grant Program in the no. 1063
Emergency Management Grants Fund to improve mitigation,
preparedness, response, and recovery capabilities for the City of
Corpus Christi.
Mayor Martinez referred to Item 22.Fire Chief Robert Rocha stated that the
purpose of this item is to accept and appropriate a grant from the Texas
Department of Public Safety in the amount of$70,159.20 for the Emergency
Management Performance Grant(EMPG)for emergency operations.There
were no comments from the Council or the public.
Council Member McIntyre made a motion to approve the ordinance,seconded
by Council Member Hunter.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 Rosas,
Council Member Scott and Council Member Vaughn
Absent: 1 - Council Member Rubio
Abstained: 0
23. First Reading Ordinance-Closing a portion of a utility easement
located north of Williams Drive and west of Airline Road
Ordinance abandoning and vacating a 0.060 acre portion of an
existing 15-foot wide utility easement out of a part of Lot H5, Wilkey
Addition Unit 2 Corpus Christi Subdivision, located north of Williams
Drive and west of Airline Road; and requiring the owner, Williams
Airline Partners, Ltd. to comply with the specified conditions
Mayor Martinez referred to Item 23.Assistant Director of Development Services
Julio Dimas stated that the purpose of this item is to abandon and vacate a
portion of an existing 15-foot wide utility easement located north of Williams
Drive and west of Airline Road.The owner is proposing to replat the property
into two smaller lots.Staff recommends the owner pay no fair market value
because the owner will be dedicating additional easements.There were no
comments from the Council or the public.
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: 8- Mayor Martinez, Council Member Garza,Council Member Hunter,Council
Member Magill, Council Member McIntyre, Council Member Rosas,
Council Member Scott and Council Member Vaughn
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Absent: 1 - Council Member Rubio
Abstained: 0
24. First Reading Ordinance-Advance Funding Agreement and
contract for professional services for Padres Island Mobility and
Access Management Study
Ordinance appropriating $192,000 of anticipated revenues from the
Texas Department of Transportation (TxDOT); authorizing the City
manager or designee to execute an Advance Funding Agreement with
TxDOT for an estimated local participation cost of$9,600; and execute
a contract for professional services with Maldonado-Burkett Intelligent
Transportation Systems, LLP (MBITS) in an amount not to exceed
$239,643 for a mobility and access management study on Padre
Island. (Bond 2014 Proposition 2)
Mayor Martinez referred to Item 24.Director of Engineering Services Jeff
Edmonds stated that the purpose of this item is to appropriate grant funding
from the Corpus Christi Metropolitan Planning Organization(MPO)and Texas
Department of Transportation(TxDOT);execute an Advance Funding
Agreement with TxDOT;and execute a professional services agreement with
Maldonado-Burkett Intelligent Transportation System,LLP for a mobility and
access management study on Padre Island.There were no comments from the
public.
Council members spoke regarding the following topics:whether the study
includes corridors at Commodores onto Park Road 22 and leaving Park Road
22 to State Highway 361 in both directions; straightening Encantada;the study
encompassing the entire corridor;and the project being recommended by the
Island Strategic Action Committee.
Council Member McIntyre made a motion to approve the ordinance,seconded
by Council Member Scott.This Ordinance was passed on first reading and
approved by the following vote:
Aye: 8- Mayor Martinez, Council Member Garza,Council Member Hunter,Council
Member Magill, Council Member McIntyre,Council Member Rosas,
Council Member Scott and Council Member Vaughn
Absent: 1 - Council Member Rubio
Abstained: 0
25. First Reading Ordinance-Amending City Code to improve traffic
circulation for Fannin Elementary School
Ordinance amending the Code of Ordinances, Chapter 53, Article VIII,
Section 53-250 Schedule I -One Way Streets and Alleys by altering
the direction of one-way traffic on Alexander Street from west to east
and removing the one-way designation from Devon Drive, from
Gollihar Road to Alexander Street; providing for severance; and
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providing for publication.
Mayor Martinez referred to Item 25.Executive Director of Public Works Valerie
Gray stated that the purpose of this item is to amend the City's Code of
Ordinances to improve traffic circulation during school zone hours of Fannin
Elementary School by altering the direction of one-way traffic on Alexander
Street from west to east and removing the one-way designation on Devon
Drive,from Gollihar Road to Alexander Street.The Transportation Advisory
Commission approved the proposed amendment at their June 27,2016
meeting.There were no comments from the public.
Council members spoke regarding the following topics:appreciation for the
coordinated efforts between the City and Corpus Christi Independent School
District to improve safety;and repainting of the crosswalks at Alexander Street
and Devon Drive.
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: 8- Mayor Martinez,Council Member Garza,Council Member Hunter,Council
Member Magill,Council Member McIntyre, Council Member Rosas,
Council Member Scott and Council Member Vaughn
Absent: 1 - Council Member Rubio
Abstained: 0
SPECIAL ELECTION ITEMS (RELATED ITEMS 26 and 28)
26. First Reading Ordinance-Ordering General Election for Mayor
and Eight Council Members -November 8, 2016
Ordinance ordering a general election to be held on November 8,
2016, in the City of Corpus Christi for the election of Mayor and Eight
Council Members; providing for procedures for holding such election;
providing for notice of election and publication thereof; providing for
establishment of branch early polling places; designating polling place
locations; authorizing a joint election with Nueces County, and a runoff
election, if one is necessary; and enacting provisions incident and
relating to the subject and purpose of this ordinance.
Mayor Martinez referred to Item 26.City Secretary Rebecca Huerta stated that
the purpose of this item is to allow for the general election to be held on
November 8,2016 to elect a mayor and eight council members;and to allow
the City to enter into a joint election with Nueces County. The joint election
agreement was not included in the packet The agreement and cost estimates
were received by Nueces County today and was provided to the City Council
for review.The joint election agreement establishes that the City's portion of
the cost of the election will be based on the number of registered voters.This
is a different format from past elections where the cost was determined by the
number of polling places and number of entities.The estimated amount for the
general election cost estimate is approximately$150,000.If there is a need for a
run-off election,that election date will be December 13,2016.City Secretary
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Huerta explained that the general election will potentially be conducted with
county-wide polling places.Early voting for the general election will be held
from October 24—November 4,2016. There were no comments from the
public.
Council members spoke regarding the following topics:whether other entities
that join the election will help lower the cost;in the case a runoff election,the
City will probably pay for the entire cost;how the county-wide polling places
would be determined for a runoff election;and the cost of the last runoff
election.
Council Member Magill made a motion to approve the ordinance,seconded by
Council Member McIntyre.This Ordinance was passed on first reading and
approve with the following vote:
Aye: 8- Mayor Martinez, Council Member Garza, Council Member Hunter, Council
Member Magill,Council Member McIntyre, Council Member Rosas,
Council Member Scott and Council Member Vaughn
Absent: 1 - Council Member Rubio
Abstained: 0
28. First Reading Ordinance-Calling for Special Election -Bond 2016
Proposition
Ordinance ordering a special election to be held on November 8, 2016,
in the City of Corpus Christi, authorizing bond issuances of the City
supported by ad valorem taxes; providing for the procedures for
holding such an election; providing for notice of election and
publication thereof; providing for the establishment of branch early
polling places; designating polling place locations; authorizing a joint
election with Nueces County; and enacting provisions incident and
relating to the subject and purpose of this ordinance.
Mayor Martinez referred to Item 28.City Secretary Rebecca Huerta stated that
the purpose of this item is to approve an ordinance calling for a special
election for the Bond 2016 proposition.On July 26,2016 the city council made
two motions of direction:1)directing the City Manager to bring forward a
series of bond continution projects presented in an amount of$30 million and
2)directing the City Manager to investigate the feasibility of adding Laguna
Shores Road to the list of bond continuation projects.An ordinance was
prepared by bond counsel with a single bond proposition for Council review
based on the City Council's direction.
Executive Director of Public Works Valerie Gray reiterated the motion of
directions by the City Council regarding the bond continuation projects,
including Laguna Shores Road,and stated that the total for the projects was
$38,900,000.City Manager Margie Rose informed the City Council that since
the last meeting,staff has learned that there is a state law that went into effect
on January 1,2016 which indicates that if the City has bond items on the ballot
that are not approved by the voters,certificates of obligation cannot be utilized
for three years on those projects.
Ms.Gray stated that in light of this new information,staff proposes the
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following Bond 2016 alternative for city council's consideration:Proposed
Proposition 1:1)TxDOT Participation&Mobility Improvements;2)Traffic
Signal&Intersection Infrastructure Improvements;3)Traffic Signal
Communications&Network Improvements;and 4)ADA Improvements,totaling
$17,850,000.Proposed Proposition 2: 1)Developer Participation,totaling
$2,500,000.The total proposed bond projects are$20,350,000.
Staff recommends funding Rodd Field Road&Yorktown Boulevard
Intersection Improvements,Six Points Intersection Improvements,and Street
Lighting Improvements in the amount of$9,650,000 to be funded by the sale of
Certificates of Obligation(CO)and plan to identify the Laguna Shores Road
Improvements in the amount of$8,900,000 as a priority project for future Bond
2018.
Council members spoke regarding the following topics:the importance of
developer participation and concern with placing it on the ballot as a separate
proposition;identifying Laguna Shores as a priority project for Bond 2018;
timing of issuance of the of COs;improving the project description for
developer participation to clarify that currently there is not a funding source;
and consideration for a residential rebuild project in the amount of$16.1
million in Proposition 1.
MOTION OF DIRECTION
Council Magill made a motion directing the City Manager to bring back
information next week on including a$16.1 million Residential Rebuild
Program to the Alternative Bond 2016 proposal;information specifically on
debt capacity and future debt capacity for 2018;and other pending bond
projects in the works,seconded by Council Member Vaughn.
Discussion topics on the motion of direction included:whether the bond
language would include a list of specific streets;the 2014 Arlington,Texas
residential rebuild program bond language;how eligible projects would be
defined;debt capacity;prematurely supporting a residential rebuild program
until the program has been vetted and the criteria for eligibility has been
determined through the 3D(Discover,Discuss,and Decide)process;other
pending bond projects in the works;and the number of arterials/collectors that
have not been completed.
The motion of direction was passed unanimously.
Council members and staff continued discussion on Item 28:how streets are
determined to be placed on a bond proposition;City Council not having the
opportunity to have input on the projects for Bond 2016;street issues in the
Calallen area that need repair;discussion during the City Council retreat on
bond projects;the project description for Traffic Signal Communication&
Network Improvements;the map of work detailing street work being completed
throughout the City;whether there is a legal reason Developer Participation is
listed as a separate proposition;street work for Districts 1,2,and 3;
improvements to the Capital Improvement Program by developing a matrix for
decision making;the improvements needed for Everhart Road;and the
challenges associated with Bond 2012.
Council Member Magill made a motion to amend the Alternative Proposal
recommended by staff to include Developer Participation in Proposition 1 and
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have one proposition on the ballot,seconded by Council Member Garza and
passed unanimously;Council Member Vaughn voting"No".
There were no comments from the public.
Council Member Magill made a motion to approve the ordinance as amended,
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 Magill,Council Member McIntyre, Council Member Rosas and
Council Member Scott
Absent: 2- Council Member Rubio and Council Member Vaughn
Abstained: 0
P. FUTURE AGENDA ITEMS: (ITEMS 29-34)
Mayor Martinez referred to Future Agenda Items.City Manager Rose stated that
staff had planned presentations on Items 29,33,and 34.
29. Amendment No. 1 to Master Services Agreement for Water and
Wastewater Treatment On-Call Support project
Motion authorizing the City Manager, or designee, to continue Water
and Wastewater Treatment On-Call Support services by executing
Amendment No. 1 to a Master Services Agreement(MSA)with LNV
Inc. of Corpus Christi, Texas in the amount of$600,000, for a total
restated fee not to exceed $635,000 for the Water and Wastewater
Treatment On-Call Support project. The project provides for a
one-year base contract and allows for two (2) optional one-year
administrative renewals/extensions beyond the original one-year base
contract, subject to availability of funding and satisfactory consultant
performance.
This Motion was recommended to the consent agenda.
30. Construction contract and materials testing contract for O. N.
Stevens Water Treatment Plant High Service Pump Building No. 3
Motion authorizing the City Manager, or designee, to execute a
construction contract with PLW Cadagua Partners of The Woodlands,
Texas in the amount of$21,650,000 for the O.N. Stevens Water
Treatment Plant High Service Pump Building No. 3 for the Base Bid
plus Additive Alternates No. 1 through 4 and to execute a construction
materials testing contract with Rock Engineering and Testing
Laboratory, Inc. of Corpus Christi, Texas in the amount of$54,765 for
the O.N. Stevens Water Treatment Plant High Service Pump Building
No. 3.
This Motion was recommended to the consent agenda.
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31. Resolution authorizing the City Manager or designee to enter into
outside city limit water contracts for properties in The Promenade
Subdivision
Resolution authorizing the City Manager or designee to enter into
outside city limits water contracts with the property owners in The
Promenade Subdivision to provide public water to their respective
properties pursuant to Chapter 55, Article VIII, Code of Ordinances.
This Resolution was recommended to the consent agenda.
32. Resolution authorizing the City Manager or designee to enter into
outside city limit water contracts for properties in the Melvin
Estates Unit 1 Subdivision
Resolution authorizing the City Manager or designee to enter into
outside city limits water contracts with the property owners in the
Melvin Estates Unit 1 Subdivision to provide public water to their
respective properties pursuant to Chapter 55, Article VIII, Code of
Ordinances.
This Resolution was recommended to the consent agenda.
33. Resolution approving a Homebuyer Assistance Program
Agreement for Type A Affordable Housing Program
Resolution approving an agreement in the amount of$221,000
between the Corpus Christi Business and Job Development
Corporation and the City of Corpus Christi for the Type A Affordable
Housing Program - Homebuyer Assistance Program and authorizing
the City Manager or Designee to execute said agreement.
This Resolution was recommended to the consent agenda.
34. Resolution to sponsor a policy resolution for the Texas Municipal
League Resolutions Committee to support Defense Economic
Adjustment Assistance Grant(DEAAG) program
Resolution authorizing the City of Corpus Christi to-sponsor a policy
resolution for the Texas Municipal League Resolutions Committee
recommending the 85th Texas Legislature appropriate$60 million for
the Fiscal Years 2018-2019 biennium for the State of Texas to the
Defense Economic Adjustment Assistance Grant(DEAAG) program.
This Resolution was recommended to the consent agenda.
Q. BRIEFINGS: (ITEM 35)
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35. Cole and Ropes Park(CARP) Implementation Plan Update
Mayor Martinez referred to Item 35.Interim Director of Development Services
Daniel McGinn stated that the purpose of this item is to provide an update on
the Coles and Ropes Park(CARP)Implementation Plan to improve water
quality within Corpus Christi Bay and the areas around Coles and Ropes Park.
Luz Lumb,Chair of he CARP Coordination Committee,presented the following
information:the members and support staff of the CARP Coordination
Committee;the problem of enterococcus bacteria levels exceeding TCEQ
water quality standards for recreation at Cole and Ropes Parks and results;the
location of the problem;a site map of the drainage area of the Louisiana
Parkway Watershed;the history of the total maximum daily load or TMDL
Program for reducing bacteria and the implementation plan;the reason the
implementation plan is important; how the implementation plan was
developed;the total stakeholder hours invested;the implementation strategy's
management measures and control activities;and projected target dates.
Teresa Carrillo with the Center for Coastal Studies was available to respond to
questions.
Council members discussed the following topics:the investment from
stakeholders;input from staff;the implementation plan and potential financial
implications.
MOTION OF DIRECTION
Council Member Scott made a motion directing the City Manager to bring back
a resolution of support for the Coles and Ropes Parks(CARP)Implementation
Plan,seconded by Council Member McIntyre and passed unanimously.
R. ADJOURNMENT
The meeting was adjourned at 6:35 p.m.
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