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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 October 9, 2018 which were approved by the City
Council on October 16, 2018.
WITNESSETH MY HAND AND SEAL, on this the 16th day of October 2018.
Rebecca Huerta
City Secretary
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SnANNED
Cil of Corpus Christi 1201 Leopard Street
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� . ,' Meeting Minutes
City Council
Tuesday,October 9,2018 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.
MEMBERS OF THE AUDIENCE WILL BE PROVIDED AN OPPORTUNITY TO
ADDRESS THE COUNCIL AT APPROXIMATELY 12:00 P.M. CITIZEN COMMENTS
WILL BE LIMITED TO THREE MINUTES. 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.Any electronic media (e.g. CD, DVD,flash drive)that the Public would
like to use while they speak to the City Council MUST be submitted a minimum of
24 hours prior to the meeting. Please contact the Public Communications
department at 361-826-3211 to coordinate.
A. Mayor Joe McComb to call the meeting to order.
Mayor McComb called the meeting to order at 11:33 a.m.
B. Invocation to be given by Pastor Chuck Goodwin, Fish for Life Ministries.
Pastor Chuck Goodwin gave the invocation.
C. Pledge of Allegiance to the Flag of the United States to be led by Aimee
Alcorn-Reed, Assistant City Attorney.
Assistant City Attorney Aimee Alcorn-Reed led the Pledge of Allegiance.
D. City Secretary Rebecca L. Huerta to call the roll of the required Charter Officers.
City Secretary Rebecca L.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:
Interim City Manager Keith Selman,City Attorney Miles K.Risley,and City
Secretary Rebecca L.Huerta.
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Present: 9- Mayor Joe McComb,Council Member Rudy Garza,Council Member Paulette
Guajardo,Council Member Michael Hunter,Council Member Debbie
Lindsey-Opel,Council Member Ben Molina,Council Member Everett
Roy,Council Member Lucy Rubio, and Council Member Greg Smith
E. Proclamations/Commendations
1. Proclamation declaring October 12, 2018, "Texas Association of Legal
Professionals Day".
Proclamation declaring October 8-12, 2018, "Court Observance Week".
Proclamation declaring October 2018, "NCCER Careers in Construction
Month".
Commendation in Remembrance of Dr. Leo Carrillo.
Mayor McComb presented the proclamations and a commendation.
F. CITY MANAGER'S COMMENTS/UPDATE ON CITY OPERATIONS:
Mayor McComb referred to City Manager's Comments.Interim City Manager
Keith Selman reported on the following topics:
a. STRATEGIC FUTURE ISSUES(NONE)
c. OTHER
Interim City Manager Keith Selman provided an update on the issues
regarding the City's utility billing system and the multi-fronted effort to
communicate to citizens regarding utility billing concerns.The Call Center has
added an additional 29 employees,from various departments,to address
citizens concerns and make the Call Center more functional.The average call
times have been reduced,on peak days,from 30 minutes to 10 minutes.The
Call Center has provided enhanced options for callers.Future improvements to
the Call Center include;implementing a Customer Relations Manager(CRM)
and Water Smart software,which allows citizens to view their consumption of
water.Staff will be presenting an item to City Council regarding changing the
wastewater rate structure to winter averaging. Staff is working to address the
City's utility billing system issues and has put together an internal team which
includes representatives from Infor.Interim City Manager Selman stated that
there will not be a presentation from Infor at today's meeting because he feels
that it would be premature during this diagnostic period.Infor will be making a
future presentation to City Council to outline the software and how it operates.
Interim City Manager Selman introduced Peter Collins,independent
information technology contractor,who is leading the team to address issues
with the City's utility billing system.
Mr.Collins provided a flowchart of the utility billing process including:the gas
• and water meters citywide;the data collection unit(DCU);the STAR system,
which manages the meters'information;the Infor System;utility bill;and the
customer.Mr.Collins provided information regarding:changes to the features
of the utility bills,including a window related to payment plans and solid
waste rate changes;how Infor receives information and produces utility bills;
Infor's validation process;issues related to meter"no-reads";and system
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maintenance.
Council members discussed the following topics:the anticipated time to
complete inspection and maintenance of the DCU system to decrease the
number of"no-reads";reimbursement of inspection fees to eligible residents;a
plan to credit customers that have been overcharged;and flexible payment
plans.
MOTION OF DIRECTION
Council Member Molina made a motion directing the Interim City Manager to
bring back an action item regarding the reimbursement of City inspection fees,
seconded by Council Member Lindsey-Opel and passed unanimously.
Council members discussed:the process for reading meters;how residential
customers can read their own meters; updating the Automated Meter Reading
(AMR)System;maintenance of the system; responsiveness from Infor
representatives;the distinction between the large bill amount related to the
utility billing issues and an accumulation of fees from failure to pay;the
number of disconnections;and if staff can differentiate disconnections that are
related to changes in the utility rate versus utility billing issues.
MOTION OF DIRECTION
Council Member Guajardo made a motion directing the Interim City Manager
to cease all disconnections related to utility billing issues.The motion of
direction failed for lack of second.
Council members discussed the following topics:an email regarding
wastewater charges and the methodology of utility billing;an item to discuss a
plan to return to winter averaging;a plan to address citizens that are not
receiving utility bills;the number of estimates that have been made regarding
utility billing;how the utility software issues have impacted the City's budget;
the dates that the City Council discussed the changes to the methodology of
the wastewater rates;and City Attorney Miles K.Risley's recommendation
regarding the City Council taking actions prior to receiving legal advice from
bond counsel related to the potential impact of ceasing all disconnections
related to utility billing issues relative to existing bond covenants associated
with the City's debt.
J. PUBLIC COMMENT FROM THE AUDIENCE ON MATTERS NOT SCHEDULED ON
THE AGENDA WILL BE HEARD AT APPROXIMATELY 12:00 P.M. 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. Citizen comments are limited to three minutes. If you have a petition or
other information pertaining to your subject, please present it to the City
Secretary.Any electronic media (e.g. CD, DVD,flash drive)that the Public would
like to use while they speak MUST be submitted a minimum of 24 hours prior to
the Meeting. Please contact the Public Communications department at
361-826-3211 to coordinate.All items on this agenda are considered public
hearings.
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Mayor McComb deviated from the agenda and referred to comments from the
public.City Attorney Miles K.Risley read the Rules of Decorum for the Council
Chambers.Raymond Ames,1 Virginia Hills,spoke regarding wastewater rates.
Lorena Medina,4506 Corona Drive,requested information regarding the
placement of yard signs to advocate for children with therapeutic needs.Jack
Gordy,4118 Bray,spoke regarding illegal signs.George Silver,Jr.,741
Wildwood Drive,provided options to resolve the billing issues related to water
and sewage(wastewater)rates.Adam Carrington,2949 Riverbend Ct.,thanked
Council Members Lindsey-Opel,Guajardo,Garza,Roy,and Molina for coming
to Brooks AME Worship Center to answer questions and help clarify utility
billing issues.Claude Axel,741 Crestview,spoke regarding City Council terms.
Robert Gonzalez,2625 Niagara,spoke regarding an increase in his utility bills
and the Utilities Department's responses.Gil Hernandez,4414 Lake Superior,
spoke regarding the contract management of the 380 Agreement with
Schlitterbahn.Margaret Fratila,3606 Tripoli,spoke regarding the Infor utility
billing software and the water utility charges.Ray Madrigal de Pancho Villa,
4253 Dody,spoke regarding the Infor utility billing system and in support of
returning to the former formula used to calculate utility charges.Fernando
Canseco,926 NAS Drive,spoke regarding the City's use of his property for
stormwater runoff.Susie Luna Saldana,4710 Hakel,thanked the City Council
for working to resolve the utility system billing issues.Mohommed EI-Sayed,
2833 Tumbleweed,spoke regarding utility bills and increasing how wastewater
charges are calculated.James(TC)Chadden, 1718 Arlington,spoke in support
of the City adding shelter for veterans at Sherrill Park.
MOTION OF DIRECTION
Council Member Guajardo made a motion directing the Interim City Manager
to cease disconnections for residents who are strictly affected by changes to
the utility billing method and utility billing software issues,seconded by
Council Member Hunter.
Council members spoke regarding the following topics:disconnections prior to
September 26,2018;legal implications regarding ceasing disconnections; if the
motion of direction is out of order due to discussions regarding public
comment;City Attorney Miles K.Risley's recommendation that City Council
take action only after receiving legal advice from bond counsel relative to
existing bond convenants associated with the City's debt;concerns by a
council member that this action would damage the City's credit rating;and if
staff can contact bond counsel to receive a legal opinion prior to the end of
today's meeting.
Council Member Hunter withdrew his second.The motion of direction failed for
lack of second.
A council member asked staff to bring back information regarding whether
there have been any administrative disconnections since September 26,2018
and provide the number of accounts that became delinquent during the
moratorium on disconnections and late charges related to the rollout of the
new utility billing software system.
MOTION OF DIRECTION
Council Member Roy made a motion directing the Interim City Manager to
contact bond counsel,as soon as possible,to clarify information regarding
action to cease disconnection,prior to the end of today's meeting,seconded by
Council Member Hunter and passed unanimously.
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BRIEFINGS: (ITEM 29)
29. Merry Days By The Bay -Update
Mayor McComb deviated from the agenda and referred to Item 29.Business
Liaison Arlene Medrano stated that the purpose of this item is to present
information regarding Corpus Christi Merry Days by the Bay.At the December
12,2017 City Council Meeting,former City Council Member Carolyn Vaughn
requested to begin a conversation regarding a Christmas Festival in Corpus
Christi along with making efforts to provide holiday decorations to enhance the
Christmas cheer for residents and visitors.The Corpus Christi Convention and
Visitors Bureau(CVB)is coordinating with several community organizations
that are currently delivering quality holiday-focused events and presenting
them as one large marketing campaign.
Paulette Kluge,CEO of the CVB,presented the following information: past
performance relating to hotel occupancy;economic impact studies for
increasing occupancy from 41.3%to 45%,55%,and 65%;comments from
hoteliers regarding hotel occupancy rates in December;and the vision for
Merry Days by the Bay. Alyssa Barrera,Executive Director of the Downtown
Management District(DMD),provided information regarding:re-imagined
Peppermint Lane; Lighting the Parks;the downtown buildings holiday lights
competition;and new bows and garlands on light poles in the downtown area.
Matt Blasy,General Manager of the American Bank Center,provided
information regarding SMG's Coastal Christmas activities that will be held
December 16,2018 through January 1,2019.Maria Pedraza,Harbor Lights
Board Member,provided an update on the Harbor Lights Festivities.Ms.Kluge
provided information regarding:other holiday activities in the City;month-long
promotions; partnerships and sponsors;and HEB's purchase of the City of
Corpus Christi Christmas tree.Regina Garcia-Posada,HEB,stated that HEB
donated the tree in an effort to promote"family-first"and create memories and
new traditions.
Council members spoke regarding the following topics:the CVB's efforts to
promote all holiday events and activities and expressed appreciation to HEB.
R. EXECUTIVE SESSION: (ITEMS 30 -32)
Mayor McComb deviated from the agenda and referred to the day's executive
sessions.The Council went into executive session at 2:16 p.m.The Council
returned from executive session at 3:12 p.m.
30. Executive Session pursuant to Texas Government Code§551.071
and Texas Disciplinary Rules of Professional Conduct Rule 1.05 to
consult with attorneys concerning legal issues related to the purchase,
exchange, lease, or value of real property rights owned by the City within
the City of Corpus Christi at or adjacent to 7101 Edgebrook and/or 5205
Edinburg, and pursuant to Texas Government Code§551.072 to
deliberate the purchase, exchange, lease, or value of real property
(including, but not limited to, property rights at or in the vicinity of the
aforementioned location(s)) because deliberation in an open meeting
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would have a detrimental effect on the position of the governmental body
in negotiations with a third person.
This E-Session Item was discussed in executive session.
31. Executive Session pursuant to Texas Government Code§551.071
and Texas Disciplinary Rules of Professional Conduct Rule 1.05 to
consult with attorneys concerning legal issues related to negotiations and
potential litigation with the U.S. Environmental Protection Agency, Texas
Commission on Environmental Quality, Texas Attorney General, and/or
U.S. Department of Justice concerning the City's sanitary sewer system
and/or water system, including consideration of fees for attorneys,
engineers, and other expert witnesses assisting in defense of potential
lawsuit(s).
This E-Session Item was discussed in executive session.
32. Executive Session pursuant to Texas Government Code§551.071
and Texas Disciplinary Rules of Professional Conduct Rule 1.05 to
consult with attorneys concerning legal issues related to appointment,
employment, evaluation, reassignment, duties, discipline, or dismissal of
the City Manager or contracting or utilization of search firm for City
Manager and pursuant to Texas Government Code§551.074
(Personnel Matters)to deliberate the appointment, employment,
evaluation, reassignment, duties, discipline, or dismissal of the City
Manager.
This E-Session Item was discussed in executive session.
L. RECESS FOR LUNCH
The recess for lunch was held during the executive session.
F. CITY MANAGER'S COMMENTS I UPDATE ON CITY OPERATIONS:
b. CITY PERFORMANCE REPORT-GAS DEPARTMENT
Director of Gas Operations Bill Mahaffey provided a briefing on the Gas
Department,including the operational profile; baseline information;and
performance indicators.
Council members discussed the following topics:the Texas Municipal League's
performance rating; loss and unaccounted gas percentage annually;natural
gas generators;and if there is an uptake in residential generators.
G. MINUTES:
2. Regular Meeting of September 25, 2018.
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Mayor McComb referred to approval of the minutes.Council Member Hunter
made a motion to approve the minutes,seconded by Council Member Garza
and passed unanimously.
H. BOARD& COMMITTEE APPOINTMENTS: (NONE)
EXPLANATION OF COUNCIL ACTION:
K. CONSENT AGENDA: (ITEMS 3 - 15)
Approval of the Consent Agenda
Mayor McComb referred to the Consent Agenda.A council member requested
that Item 7 be pulled for individual consideration.There were no comments
from the public.
Council Member Lindsey-Opel made a motion to approve the consent agenda,
seconded by Council Member Garza.The consent agenda items were passed
and approved by one vote as follows:
Aye: 9- Mayor McComb,Council Member Garza, Council Member Guajardo,
Council Member Hunter,Council Member Lindsey-Opel, Council Member
Molina, Council Member Roy, Council Member Rubio and Council Member
Smith
Abstained: 0
3. Annual Joint Funding Agreement for Water Resources
Investigation with the United States Geological Survey(USGS)
(Requires 2/3 Vote)
Motion authorizing renewal of an annual Joint Funding Agreement for
Water Resources Investigation with the United States Geological Survey
(USGS), U.S. Department of the Interior, for automated river gauging
stations to gather and maintain accurate records of water quality and
stream flows associated with the Nueces River and its tributary,with the
City's cost to be$160,350.
This Motion was passed on the consent agenda.
Enactment No: M2018-189
4. Food Program Purchase for the Senior and Summer Youth
Feeding Programs (Requires 2/3 Vote)
Resolution authorizing the purchase up to$421,000.00 in food supplies
for the senior and summer youth feeding programs through the Coastal
Bend Council of Governments' ("CBCOG") participation in the TEXAS 20
Purchasing Cooperative as organized and administered by the
Education Service Center, Region 20.
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This Resolution was passed on the consent agenda.
Enactment No: 031567
5. Supply Agreement for the Purchase of Garbage Truck Parts
(Requires 2/3 Vote)
Motion authorizing a one-year supply agreement for the purchase of
garbage truck parts with Heil of Texas of San Antonio, Texas via
BuyBoard cooperative for$220,000, with a one-year option for a total
potential multi-year amount not to exceed $440,000.
This Motion was passed on the consent agenda.
Enactment No: M2018-190
6. Supply Agreement for the Purchase of Heavy Equipment Parts for
Asset Management(Requires 2/3 Vote)
Motion authorizing a one-year supply agreement for the purchase of
heavy equipment parts with Rush Truck Centers of Texas, LP dba, Rush
Truck Center of Corpus Christi, Texas via BuyBoard cooperative for
$630,000, with a one-year option for a total potential multi-year amount of
$1,260,000.
This Motion was passed on the consent agenda.
Enactment No: M2018-191
8. Service Agreement for Plumbing Services for City Facilities
(Requires 2/3 Vote)
Motion authorizing a three-year service agreement with Smart Plumbing
Inc of Corpus Christi, Texas for plumbing services for City facilities for a
total amount not to exceed $230,625.
This Motion was passed on the consent agenda.
Enactment No: M2018-193
9. Second Reading Ordinance-Urban Transportation Plan
Amendment deleting a proposed collector street(1st Reading
9/25/18)
Ordinance amending Urban Transportation Plan map by deleting a
portion of Las Tunas Drive, a proposed Cl Collector located
approximately 0.2 miles south of Whitecap Boulevard connecting Palmira
Avenue with South Padre Island Drive(Park Road 22)
This Ordinance was passed on second reading on the consent agenda.
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Enactment No: 031568
10. Second Reading Ordinance-Unimproved Street Right-of-Way
Closure of Las Tunas Drive(1st Reading 9/25/18)
Ordinance closing, abandoning and vacating a 0.516-acre portion of Las
Tunas Drive, a platted unimproved road, out of Padre Island No. 1 and
requiring petitioner, Yasin Investment, LLC., to comply with specified
conditions.
This Ordinance was passed on second reading on the consent agenda.
Enactment No: 031569
11. Second Reading Ordinance-Partial Street Right-of-Way closure,
vacation, and abandonment of Battlin' Buc Boulevard and Lipan
Street, and alley closures out of Nelson Addition Block 2 and 3 (1st
Reading 9/25/18)
Ordinance closing, vacating, and abandoning a 0.50 acre portion of
Battlin' Buc Boulevard, a 0.43 acre portion of Lipan Street, a 0.069 of an
acre, being a 10-foot wide alley located out of Nelson Addition Block 2,
and a 0.034 of an acre, being a 10-foot wide alley located out of Nelson
Addition Block 3, and requiring Corpus Christi Independent School
District to comply with specified conditions.
This Ordinance was passed on second reading on the consent agenda.
Enactment No:031570
12. Second Reading Ordinance-Rezoning for a Property located at or
near 5518 Curtis Clark Drive(Requires 2/3 Vote)
Case No. 0818-04 Marias Properties, LLC: Request for rezoning
property at or near 5518 Curtis Clark Drive from "RS-6" Single-Family 6
District to the "CN-2" Neighborhood Commercial District.
Planning Commission and Staff Recommendation (August 22, 2018):
Approval of the change of zoning from the "RS-6" Single-Family 6 District
to the "CN-2" Neighborhood Commercial District.
Ordinance rezoning property at or near 5518 Curtis Clark Drive from the
"RS-6" Single-Family 6 District to the"CN-2" Neighborhood Commercial
District.
This Ordinance was passed on second reading on the consent agenda.
Enactment No:031571
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13. Second Reading Ordinance- Rezoning for a Property located at or
near 2141 Laguna Shores Drive (1st Reading 9/25/18)(Requires
2/3 Vote)
Case No. 0818-05 James Karstens: Request for rezoning property at or
near 2141 Laguna Shores Road from "CR-1" Resort Commercial District
to the"RS-15"Single-Family 15 District.
Planning Commission and Staff Recommendation (August 22, 2018):
Approval of the change of zoning from the "CR-1" Resort Commercial
District to the "RS-15" Single-Family 15 District.
Ordinance rezoning property at or near 2141 Laguna Shores Road from
the "CR-1" Resort Commercial District to the "RS-15" Single-Family 15
District.
This Ordinance was passed on second reading on the consent agenda.
Enactment No: 031572
14. Second Reading Ordinance- Rezoning for a Property located at or
near 2117 Laguna Shores Road (1st Reading 9/25/18) (Requires
2/3 Vote)
Case No. 0818-06 Guy Brady: Request for rezoning property at or near
2117 Laguna Shores Road from "CR-1" Resort Commercial District to
the"RS-15" Single-Family 15 District.
Planning Commission and Staff Recommendation (August 22, 2018):
Approval of the change of zoning from the"CR-1" Resort Commercial
District to the "RS-15"Single-Family 15 District.
Ordinance rezoning property at or near 2117 Laguna Shores Road from
the "CR-1" Resort Commercial District to the"RS-15" Single-Family 15
District.
This Ordinance was passed on second reading on the consent agenda.
Enactment No:031573
15. Second Reading Ordinance-Amending Tree Advisory Committee
Membership Requirements (1st Reading 9/25/18)
Ordinance amending Tree Advisory Committee membership.
This Ordinance was passed on second reading on the consent agenda.
Enactment No: 031574
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7. Service Agreement for Backflow Prevention Testing and Repairs
for City Facilities (Requires 2/3 Vote)
Motion authorizing a three-year service agreement for backflow
prevention testing and repairs for City facilities with Smart Plumbing, Inc.
of Corpus Christi, Texas for a total amount not to exceed $276,286.
Mayor McComb referred to Item 7,a three-year service agreement for backflow
prevention testing and repairs for City facilities.Dorothy Spann,502 Del Mar,
asked if this action was related to residential backup valves.Assistant City
Manager Mark Van Vleck stated that this service agreement is for City facilities.
Council Member Molina made a motion to approve the motion,seconded by
Council Member Rubio.This Motion was passed and approved with the
following vote:
Aye: 9- Mayor McComb,Council Member Garza, Council Member Guajardo,
Council Member Hunter, Council Member Lindsey-Opel, Council Member
Molina, Council Member Roy, Council Member Rubio and Council Member
Smith
Abstained: 0
Enactment No: M2018-192
M. PUBLIC HEARINGS: (ITEM 16)
16. Public Hearing and First Reading Ordinance -Rezoning for a
Property located at or near 6641 Lipes Boulevard (Requires 2/3
Vote)
Case No. 0918-01 Staples Development, LLC: Request for rezoning
property at or near 6641 Lipes Boulevard from "FR" Farm Rural District
to the "RM-1" Multifamily 1 District
Planning Commission and Staff Recommendation (September 5, 2018):
Approval of the change of zoning from the"FR" Farm Rural District to the
"RM-1" Multifamily 1 District.
Ordinance rezoning property at or near 6641 Lipes Boulevard from the
"FR" Farm Rural District to the"RM-1" Multifamily 1 District.
Mayor McComb referred to Item 16.Director of Development Services Nina
Nixon-Mendez stated that the purpose of this item is to rezone the subject
property to allow for the future construction of a multifamily apartment
complex.Ms.Nixon-Mendez stated that the Planning Commission and staff are
in favor of the zoning change.
Mayor McComb opened the public hearing.Council members and staff
discussed the following topics:that the lot is not platted;the property owner
will be subject to acreage fees;and that the lot does not need to be platted to
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be rezoned.There were no comments from the public.Mayor McComb closed
the public hearing.
Council Member Hunter made a motion to approve the ordinance,seconded by
Council Member Garza.This Ordinance was passed on first reading and
approved with the following vote:
Aye: 9- Mayor McComb, Council Member Garza, Council Member Guajardo,
Council Member Hunter,Council Member Lindsey-Opel, Council Member
Molina, Council Member Roy, Council Member Rubio and Council Member
Smith
Abstained: 0
N. REGULAR AGENDA: (NONE)
O. FIRST READING ORDINANCES: (ITEMS 17-22)
17. First Reading Ordinance -Accepting and appropriating the
Violence Against Women Act(VAWA)grant within the Police
Department(Requires 2/3 Vote)
Ordinance authorizing acceptance of$54,339.42 grant from State of
Texas, Criminal Justice Division for Violence Against Women Program
with cash match of$14,000 and in-kind match of$8,280; appropriating
$54,339.42 in Police Grants Fund; and authorizing transfer of$14,000
from General Fund to Police Grants Fund.
Mayor McComb referred to Item 17.Police Chief Mike Markle stated that the
purpose of this item is to accept a grant from the State of Texas,Criminal
Justice Division for the Violence Against Women Program in the amount of
$54,339.42,with a cash match of$14,000 and an in-kind match of$8,280.There
were no comments from the Council or the public.
Council Member Rubio made a motion to approve the ordinance,seconded by
Council member Lindsey-Opel.This Ordinance was passed on first reading and
approved with the following vote:
Aye: 9- Mayor McComb,Council Member Garza,Council Member Guajardo,
Council Member Hunter, Council Member Lindsey-Opel, Council Member
Molina, Council Member Roy, Council Member Rubio and Council Member
Smith
Abstained: 0
18. First Reading Ordinance-Amending Chapter 38 of the Corpus
Christi Code
Ordinance amending Chapter 38 of the Corpus Christi Code to exempt
flea markets and farmers markets from vendor permitting; and providing
for penalty.
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Mayor McComb referred to Item 18.Director of Development Services Nina
Nixon-Mendez stated that the purpose of this item is to amend the City's Code
of Ordinances,Chapter 38,to exempt flea markets and farmers markets from
the requirement to obtain a City vendor permit when operating at a designated
outdoor location.Ms.Nixon-Mendez presented the following information:
background and findings;examples of flea markets and farmers markets in the
City;and the amendments.
Council members and staff discussed the following topics:restrictions related
to flea markets and farmers markets;regulation of flea markets and farmers
markets based on zoning districts; permits required for vendors to sell
merchandise on private property;and the permits required for vendors and the
registration process.
Mayor McComb called for comments from the public.Aislynn Campbell,510
McClendon,spoke regarding stakeholders not being involved in the process
and the distinction between flea markets and farmers markets.Council
members discussed the importance of engaging stakeholders.
Council Member Garza 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: 9- Mayor McComb,Council Member Garza, Council Member Guajardo,
Council Member Hunter, Council Member Lindsey-Opel, Council Member
Molina, Council Member Roy, Council Member Rubio and Council Member
Smith
Abstained: 0
19. First Reading Ordinance-Closing of a utility easement located at
3945 Crosstown State Highway 286
Ordinance abandoning and vacating a 0.0223 acre portion of a utility
easement out of Roseland Place Lot 4, Block 4, located at 3945
Crosstown State Highway 286.
Mayor McComb referred to Item 19.City Secretary Rebecca Director of
Development Services Nina Nixon-Mendez stated that the purpose of this item
is to abandon and vacate a portion of a utility easement located out of
Roseland Place,Lot 4,Block 4,at 3945 Crosstown State Highway 286.Kleberg
Bank is requesting the closure due to common ownership between both lots
and to expand their business.There were no comments from the public.
Council members spoke regarding the following topics:that there is already
construction occurring on the property;the closure is necessary for
construction;the Development Services Department's efforts to work with the
business to expedite construction;and the permitting process.
Council Member Garza made a motion to approve the ordinance,seconded by
Council Member Lindsey-Opel.This Ordinance was passed on first reading and
approved with the following vote:
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Aye: 8- Mayor McComb,Council Member Garza, Council Member Guajardo,
Council Member Hunter, Council Member Lindsey-Opel, Council Member
Molina, Council Member Rubio and Council Member Smith
Abstained: 1 - Council Member Roy
20. First Reading Ordinance-Amending the Unified Development
Code to add a definition for smoking lounges and the appropriate
zoning district(Public Hearing 9/11118) (Requires 2/3 Vote)
Ordinance amending the Unified Development Code to add a definition
for smoking lounges and the appropriate zoning district; and providing for
penalties.
Mayor McComb referred to Item 20.Director of Development Services Nina
Nixon-Mendez stated that the purpose of this item is to amend the Unified
Development Code(UDC)to add a definition for smoking lounges and
appropriate zoning districts.This item was originally presented at the
September 11,2018 City Council meeting.City Council tabled the section
regarding smoking lounges and requested that staff refine the definition of
smoking lounges.The purpose of the amendment is to:classify and define the
use of smoking lounges;determine where smoking lounges are appropriate;
and limit potential negative impacts of smoking lounges to adjacent residential
neighborhoods.Ms.Nixon-Mendez stated that the amendment would locate
smoking lounges in more intense commercial districts and away from
single-family residential neighborhoods.Ms.Nixon-Mendez provided the
following information:the definition of smoking lounges and the allowed
zoning districts.Assistant Director of Development Services and Building
Official Gene Delauro and Police Chief Mike Markle responded to questions.
Mayor McComb called for comments from the public.Hal George,5350 S.
Staples,representing Mustafa Alzakzok,owner of a smoking lounge located at
1229 Nile Drive,stated that this amendment was not communicated to his client
and would put his client out of business.Mr.George provided information
regarding the following:code violations related to the certificate of occupancy;
investments made by his client;the timeline of the UDC text amendments;
inspection of his client's property and suspension of the certificate of
occupancy;his client's efforts to address complaints regarding his business;
and his client's economic damage due to the closure of his property.Mr.
George stated that his client is the only business that would be impacted by the
amendment and urged the City Council to reject the amendment or
grandfather the use of the business.Mustafa Alzakzok,1229 Nile Drive and
owner of a hookah lounge,provided information regarding his hours of
operation;the construction of a fire wall;and the financial impact of the
amendment.Dorothy Spann,502 Del Mar,spoke regarding the impact the
amendment will have on neighborhoods.
Council members spoke regarding the following topics:complaints from
adjacent residents regarding activity at late hours in the parking lot;the
business being an"after-hours"club;that alcohol is not allowed in Mr.
Alzakzok's smoking lounge;the fire wall that was not constructed;suspension
of the certificate of occupancy;the zoning of the property where the smoking
lounge is located; restrictions regarding hours of operation;communication to
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stakeholders affected by the amendment;if other smoking lounges are affected
by this amendment;a plan to adjust the discussed location's hours of operation
through zoning;non-conforming uses and grandfathering of existing
businesses;data regarding complaints against the business at the location
since Mr.Alzakzok's establishment has not opertaed since August;the ability
for Mr.Alzakzok to operate his establishment if the certificate of occupany is
restored;and Mr.Alzakzok's willingness to change his business model to
reduce nuisances.
Council Member Lindsey-Opel made a motion to approve the ordinance,
seconded by Council Member Smith.This Ordinance was passed on first
reading and approved with the following vote:
Aye: 9- Mayor McComb,Council Member Garza, Council Member Guajardo,
Council Member Hunter, Council Member Lindsey-Opel, Council Member
Molina, Council Member Roy, Council Member Rubio and Council Member
Smith
Abstained: 0
21. First Reading Ordinance-Approving Fourth Amendment to the
TIRZ#3 Project& Financing Plan
Ordinance approving the amendment to the Tax Increment Reinvestment
Zone#3 Amended Project& Financing Plan approved by the Board of
Directors of Reinvestment Zone Number Three, Corpus Christi, Texas.
Mayor McComb referred to Item 21.Business Liaison Arlene Medrano stated
that the purpose of this item is to approve the fourth amendment to the Tax
Increment Reinvestment Zone#3(TIRZ#3)Project and Financing Plan.The
amendment was approved by the TIRZ#3 Board on August 28,2018.The
amendments include: updating language to indicate the Downtown Area
Development Plan as complete;extending the incentive programs for an
additional three-year period;providing an updated sources of revenue table
showing TIRZ#3 projected revenue;providing funding for the implementation
of the Parking Action Plan;and identifying changes to other programs and
initiatives undertaken by the Downtown Management District.There were no
comments from the Council or the public.
Council Member Lindsey-Opel made a motion to approve the ordinance,
seconded by Council Member Smith.This Ordinance was passed on first
reading and approved with the following vote:
Aye: 9- Mayor McComb, Council Member Garza, Council Member Guajardo,
Council Member Hunter,Council Member Lindsey-Opel, Council Member
Molina, Council Member Roy, Council Member Rubio and Council Member
Smith
Abstained: 0
22. First Reading Ordinance-Approving Amendments to the TIRZ#2
Project& Financing Plan
Ordinance approving the amendments to the Tax Increment Reinvestment
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Zone#2 Amended Project& Financing Plans approved by the Board of
Directors of Reinvestment Zone Number Two, Corpus Christi, Texas.
Mayor McComb referred to Item 22.Business Liaison Arlene Medrano stated
that the purpose of this item is to approve the amendments to the Tax
Increment Reinvestment Zone#2(TIRZ#2)Project and Financing Plans.The
plan was approved by the TIRZ#2 Board and the North Padre Island
Development Corporation on August 21,2018.The amendments include:
adding a traffic improvement project which provides for a pedestrian crossing
on Windward Drive at Saint Augustine Drive to facilitate access to and from
Michael J.Ellis Beach;and a$50,000 expenditure for a feasibility study update
for the renewal of the TIRZ#2.There were no comments from the Council or
the public.
Council Member Lindsey-Opel 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: 9- Mayor McComb, Council Member Garza, Council Member Guajardo,
Council Member Hunter,Council Member Lindsey-Opel, Council Member
Molina,Council Member Roy, Council Member Rubio and Council Member
Smith
Abstained: 0
P. FUTURE AGENDA ITEMS: (ITEMS 23 -27)
Mayor McComb referred to Future Agenda Items.Interim City Manager Keith
Selman stated that staff had planned presentations on Items 24 and 27.A
council member requested information on Item 23.
23. Authorizing Use of Type B Arterial and Collector Funds for Three
Streets(Requires 2/3 Vote)
Motion authorizing the use of up to$10,550,000 in Type B arterial and
collector funds for three street projects: Slough Road from Amethyst Drive
to Rodd Field Road, Everhart Road from Holly Road to South Padre
Island Drive, and Holly Road from Ennis Joslin Road to Rodd Field Road.
This Motion was recommended to the consent agenda.
24. Construction Contract for Flato Road from Agnes Street to Bates
Road (Bond 2014, Proposition 2)(Requires 2/3 Vote)
Motion to authorize execution of a construction contract with Reytec
Construction Resources, Inc., of Houston, Texas in the amount of
$7,985,187.50 for Base Bid Part 3 (Portland Cement Concrete (PCC))
for Flato Road from Agnes Street to Bates Road project.
This Motion was recommended to the consent agenda.
25. Professional Services Contract Amendment No. 7 for the O.N.
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Stevens Water Treatment Plant High Service Building No. 3
(Capital Improvement Program) (Requires 2/3 Vote)
Motion to authorize execution of Amendment No. 7 to a Professional
Services Contract with LNV, Inc. of Corpus Christi, Texas in the amount
of$242,065.00 for a total restated fee of$2,762,567.91 for O.N. Stevens
Water Treatment Plant High Service Building No. 3 project.
This Motion was recommended to the consent agenda.
26. Service Agreement for Chemical Analysis Services for Utilities
(Requires 2/3 Vote)
Motion authorizing a four-year service agreement with Analysys, Inc., of
Austin, Texas for the chemical analysis at the Water Utilities Lab,
Pretreatment, and Wastewater Division of Utilities Department for the
total amount not to exceed $269,776.
This Motion was recommended to the consent agenda.
27. Real Estate Contract for land purchase at Corpus Christi
International Airport(Requires 2/3 Vote)
Motion to authorize execution of a real estate sales contract with Patrick
William Kelly, Ill and Carol Lynn Gillingham in the amount of$235,200
plus$2,700 in estimated closing costs for acquisition of 50.535 acres of
land including mineral rights, located on Joe Mireur Road (FM763), south
of Corpus Christi International Airport for airport land expansion and other
purposes.
This Motion was recommended to the consent agenda.
Q. BRIEFINGS: (ITEM 28)
28. INFOR Briefing
This Presentation was postponed.
F. CITY MANAGER'S COMMENTS/UPDATE ON CITY OPERATIONS:
Mayor McComb deviated from the agenda and refered to City Manager's
Comments.City Attorney Miles K.Risley stated that after consulting with bond
counsel regarding the previous motion of direction regarding ceasing
disconnection of utility services,City Attorney Risley presented the following
option for City Council's consideration:"Motion directing the Interim City
Manager to temporarily suspend the cut off of water utilities due to the
delinquency of residential ratepayers in the City for a period of 30 days,with
such cut offs to resume at an earlier period if determined by the City Manager
that the accuracy of the system has been restored with respect to the
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delinquent ratepayers to be cut off'.
Council members discussed the following topics:the importance of the bond
rating;the administrative actions to cease disconnection of utility services;
encouraging staff to work with citizens impacted by the utility software billing
issues;and weekly updates to City Council regarding the status of the utility
system.
S. IDENTIFY COUNCIL FUTURE AGENDA ITEMS
Mayor McComb referred to Identify Council Future Agenda Items.The
following items were discussed:a plan regarding the appointment of a Charter
Revision Committee;information regarding what the City Council is doing to
promote the bond propositions;and a County-wide master drainage plan.
T. ADJOURNMENT
The meeting was adjourned at 5:35 p.m.
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