HomeMy WebLinkAboutMinutes City Council - 11/13/2012I 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 November 13, 2012 which were approved by
the City Council on November 20, 2012.
WITNESSETH MY HAND AND SEAL, on this the 20th day of November, 2012.
-AnWA�:=
Armando Chapa
City Secretary
SEAL
INDEXED
1201 Leopard St
Corpus Christi, TX 78401
CCtexas.com
Tuesday, November 13, 2012 12:00 PM Council Chambers
A. CALL MEETING TO ORDER.
Mayor Adame called the meeting to order.
B. INVOCATION.
The invocation was delivered by Ms. Kelly Denson, Chief of Staff, Mayors
Office.
C. PLEDGE OF ALLEGIANCE.
The Pledge of Allegiance was led by Council Member Chris Adler.
D. ROLL CALL.
City Secretary Armando Chapa verified that the necessary quorum of the
Council and the foregoing necessary Charter Officers, City Manager Ron
Olson, City Attorney Carlos Valdez and City Secretary Armando Chapa were
present to conduct the meeting.
Present: 8- Mayor Joe Adame, Council Member Chris Ad ler,Counci I Member Kelley
AIIen,Council Member Larry Elizondo,Council Member Priscilla
Leal,Council Member John Marez,Council Member Nelda Martinez, and
Council Member Mark Scott
Absent. 1 - Council Member David Loeb
E. Proclamations I Commendations
1 Proclamation declaring November 11 -17, 2012 as "National Hunger
and Homelessness Awareness Week"
Proclamation declaring November 15, 2012 as "GIS Technology is
Changing Our World Day"
"At Your Service" Award, City Employee Recognition
Mayor Adame read and presented the Proclamation(s).
F. MINUTES:
2 Approval of Meeting Minutes - October 30, 2012.
A motion was made by Council Member John Marez, seconded by Council
Member Larry Elizondo to approve the minutes as presented.
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G. BOARDS & COMMITTEE APPOINTMENTS: (NONE)
Q. SPECIAL PRESENTATION AND OUTGOING SPEECHES
Mayor Adame deviated from the agenda and referred to Special Presentation
and Outgoing Speeches. Mayor Adame and outgoing Council Members
thanked their friends, family and constituents for their support during their
tenure as council members.
1. CONSENT AGENDA: (ITEMS 3 - 7)
Mayor Adame called for consideration of the Consent Agenda, Items 3 through
7. Mayor Adame asked for council and comments from the audience and there
were none. The following items were approved by one vote:
3 Second. Reading Ordinance - A change of zoning from the "CG -2 /SP"
General Commercial District with a Special Permit to the "IL" Light
Industrial District, at 4222 South Staples Street (1st Reading 10130/12)
(Requires 213 vote)
Case No. 0812 -04 International Resistive Company Advanced Film
Division: A change of zoning from the "CG -2 /SP" General Commercial
District with a Special Permit to the "IL" Light Industrial District,
resulting in a change of future land use from commercial to light
industrial. The properly to be rezoned is described as South Staples
Center, Lot B -4, located on the northeast corner of South Staples
Street and Gollihar Road between Everhart Road and Caddo Street,
Planning Commission and Staff Recommendation (August 15, 2012):
Denial of the change of zoning from the "CG -2 /SP" General
Commercial District with a Special Permit to the "IL" Light Industrial
District and, in lieu thereof, approval of the "CG-2/SP" General
Commercial District with a modified Special Permit subject to the
specified conditions.
Ordinance
Ordinance amending the Unified Development Code ( "UDC') upon
application by International Resistive Company of Texas, LLC
( "Owner "), by changing the UDC Zoning Map in reference to South
Staples Center, Lot B -4, from a "CG -21SP" General Commercial
District with a Special Permit to a "CG-2/SP" General Commercial
District with a modified Special Permit; amending the Comprehensive
Plan to account for any deviations; providing a repealer clause; and
providing for penalties and publication.
The foregoing ordinance was passed and approved on second reading with the
following vote:
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Aye: 7- Mayor Adame, Council Member Adler, Council Member Allen, Council
Member Leal, Council Member Marez, Council Member Martinez and
Council Member Scott
Absent: 2 - Council Member Elizondo and Council Member Loeb
Abstained: 0
Enactment No: 029671
4 Second Reading Ordinance - Accepting and appropriating a State
grant to support local Emergency Management Programs (1st Reading
10130112) (Requires 213 vote)
Ordinance ratifying acceptance of a grant from the Texas Department
of Public Safety, Governor's Division of Emergency Management, in
the amount of $77,693.08 for the Emergency Management
Performance Grant (EMPG); and appropriating $77,693.08 from the
Emergency Management Performance Grant Program in the no. 1063
Emergency Mangement Grants Fund to improve mitigation,
preparedness, response, and recovery capabilities for the City of
Corpus Christi.
The foregoing ordinance was passed and approved on second reading with the
following vote:
Aye: 7 - MayorAdame, Council MemberAdler, Council MemberAllen, Council
Member Leal, Council Member Marez, Council Member Martinez and
Council Member Scott
Absent: 2 - Council Member Elizondo and Council Member Loeb
Abstained: 0
Enactment No: 029672
5 Second Reading Ordinance - Accepting and appropriating a State
grant for detection capabilities of threats, man -made or natural
disasters, and acts of terrorism (1st Reading 10130112) (Requires 213
vote)
Ordinance authorizing the City Manager or designee to execute all
documents necessary to accept a grant from the Texas Department of
Public Safety /Texas Homeland Security State Administrative Agency
(TXHLS -SAA) in the amount of $45,221.80 for FY 2012 Homeland
Security Grant Program (HSGP), State Homeland Security Program
(SHSP); and appropriating $45,221.80 from the Texas Department of
Public Safety /Texas Homeland Security State Administrative Agency
(TXHLS -SAA), FY 2012 Homeland Security Grant Program (HSGP),
State Homeland Security Program (SHSP), into the No. 1062 Fire
Grants Fund to carry out homeland security projects that will
significantly improve local and regional terrorism prevention,
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preparedness, response, and recovery capabilities.
The foregoing ordinance was passed and approved on second reading with the
following vote:
Aye: 7 - MayorAdame, Council MemberAdler, Council MemberAllen, Council
Member Leal, Council Member Marez, Council Member Martinez and
Council Member Scott
Absent: 2- Council Member Elizondo and Council Member Loeb
Abstained: 0
Enactment No: 029673
6 Second Reading Ordinance - Accepting and appropriating a State
grant to provide emergency response and security capabilities for
deterrence of potential threats and acts of terrorism. (1 st Reading
10130112) (Requires 213 vote)
Ordinance Authorizing the City Manager or designee to execute all
documents necessary to accept a grant from the Texas Department of
Public Safety/Texas Homeland Security State Administrative Agency
(TXHLS -SAA) in the amount of $57,254.20 for FY 2012 Homeland
Security Grant Program (HSGP), State Homeland Security Program
(SHSP) Law Enforcement Terrorism Prevention Activity (LETPA); and
appropriating $57,254.20 from the Texas Department of Public
Safety/Texas Homeland Security State Administrative Agency
(TXHLS -SAA), FY 2012 Homeland Security Grant Program (HSGP),
State Homeland Security Program (SHSP), into the No. 1062 Fire
Grants Fund to carry out law enforcement terrorism prevention and
protection - oriented activities (LETPA) such as planning, organization,
training, exercises, and purchase needed equipment_
The foregoing ordinance was passed and approved on second reading with the
following vote:
Aye: 7- Mayor Adame, Council Member Adler, Council Member Allen, Council
Member Leal, Council Member Marez, Council Member Martinez and
Council Member Scott
Absent: 2- Council Member Elizondo and Council Member Loeb
Abstained: 0
Enactment No: 029674
7 Second Reading Ordinance - Accepting and appropriating a State
grant for Women, Infants, and Chilren (WIC) program (1 st Reading
10130112) (Requires 213 vote)
Ordinance authorizing the City Manager, or his designee, to execute
all documents necessary to accept and appropriate a grant in the
amount of $442,380 from the Texas Department of State Health
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Services in the Health Grants Fund No. 1066, to provide funds for the
Women, Infants, and Children (WIC) program; and to ratify acceptance
of the grant to begin as of October 1, 2012.
The foregoing ordinance was
Aye: 7- Mayor Adame, Council Member Adler, Council Member Allen, Council
Member Leal, Council Member Marez, Council Member Martinez and
Council Member Scott
Absent: 2 - Council Member Elizondo and Council Member Loeb
Abstained: 0
Enactment No: 029675
J. EXECUTIVE SESSION: NONE
K. PUBLIC HEARINGS: (ITEMS 8 -11)
Mayor Adame referred to Item No. 8. Mark Van Vleck, Interim Director of
Development Services stated the purpose of this rezoning is to allow for
construction of a single- family subdivision and apartment complex. Mr. Van
Vleck stated that the Planning Commission and Planning Staff recommend
approval of the zoning from the "FR" Farm Rural District to the "RM -2"
Multifamily 2 District on Tract 1 and the "RS -6" Single - Family 6 Disrict on Tract
2.
A motion was made by Council Member Scott, seconded by Council Member
Adler to open the public hearing. Mayor Adame asked for comments from the
audience. A citizen spoke about concerns about a multi - family district
adjacent to a single - family district A motion was made by Council Member
Adler, seconded by Council Member Scott to close the public hearing.
8 Second Reading Ordinance - A change of zoning from the "FR" Farm
Rural District to the "RM -2" Multifamily 2 District on Tract 1 and the
"RS -6" Single - Family 6 District on Tract 2, at 4033, 4013, 4001, 3933,
3901 Airline Road (1 st Reading 11 /13/12)
Case No. 1012 -01 The Mostaghasi Investment Trust DBA Sun George
Contracting and Development Co.: A change of zoning from the "FR"
Farm Rural District to the "RM -2" Multifamily 2 District on Tract 1 and
the "RS -6" Single - Family 6 District on Tract 2, resulting in a change of
future land use from commercial to high density residential on Tract 1
and from medium density residential to low density residential on Tract
2. The property to be rezoned is described as being a 21.179 -acre
tract of land out of Lots 7 and 8, Section 21, Flour Bluff and Encinal
Farm and Garden Tracts, located on the southwest corner of Airline
Road and Lipes Boulevard. .
Planning Commission and Staff Recommendation (October 10, 2012):
Approval of the change of zoning from the "FR" Farm Rural District to
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the "RM -2" Multifamily 2 District on Tract 1 and the "RS -6"
Single - Family 6 District on Tract 2.
Ordinance
Ordinance amending the Unified Development Code ( "UDC') upon
application by The Mostaghasi Investment Trust DBA Sun George
Contracting and Development Co. ( "Owner"), by changing the UDC
Zoning Map in reference to a 21.179 -acre tract of land out of Lots 7
and 8, Section 21, Flour Bluff and Encinal Farm and Garden Tracts,
from the "FR" Farm Rural District to the "RM -2" Multifamily 2 District on
Tract 1 and the "RS -6" Single - Family 6 District on Tract 2; amending
the Comprehensive Plan to account for any deviations; and providing
for a repealer clause, penalties, and publication.
The foregoing ordinance was passed and approved on first reading with the
following vote:
Aye: 7- Mayor Adame, Council Member Adler, Council Member Allen, Council
Member Leal, Council Member Marez, Council Member Martinez and
Council Member Scott
Absent: 2 - Council Member Efizondo and Council Member Loeb
Abstained: 0
Mayor Adame referred to Item No. 9. Mark Van Vleck, Interim Director of
Development Services stated that the purpose of the rezoning of the property
is to allow for construction of a self -service storage facility. Mr. Van Vleck
stated that the Planning Commission and Planning Staff recommend approval
of the zoning from "CN -1" Neighborhood Commercial District to the "CG -2"
General Commercial District.
A motion was made by Council Member Scott, seconded by Council Member
John Marez. to open the public hearing. Mayor Adame asked for comments
from the audience. There were no comments. A motion was made by Council
Member Scott, seconded by Council Member Marez to close the public hearing.
9 Second Reading Ordinance - A change of zoning from the "CN -1"
Neighborhood Commercial District to the "CG -2" General Commercial
District, at 6197 Dunbarton Oak Drive (1st Reading 11113112)
Case No. 1912 -02 Saratoga Highway Properties, LLC. A change of
zoning from the "CN -1" Neighborhood Commercial District to the
"CG -2" General Commercial District, without resulting in a change of
future land use_ The property to be rezoned is described as being a
3.38 -acre tract of land out of Lot 1, Block 3, Cimarron Center, located
on the southwest corner of Dunbarton Oak Drive and Cimarron
Boulevard.
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Planning Commission and Staff Recommendation (October 10, 2012):
Approval of the change of zoning from the "CN -1" Neighborhood
Commercial District to the "CG -2" General Commercial District.
Ordinance
Ordinance amending the Unified Development Code ( "UDC ") upon
application by Saratoga Highway Properties, LLC ( "Owner"), by
changing the UDC Zoning Map in reference to a 3.38 -acre tract of land
out of Lot 1, Block 3, Cimarron Center, from the "CN -1" Neighborhood
Commercial district to the "CG -2" General Commercial District;
amending the Comprehensive Plan to account for any deviations; and
providing for a repealer clause, penalties, and publication.
The foregoing ordinance was passed and approved on first reading with the
following vote:
Aye: 7- Mayor Adame, Council Member Adler, Council Member Allen, Council
Member Leal, Council Member Marez, Council Member Martinez and
Council Member Scott
Absent: 2- Council Member Elizondo and Council Member Loeb
Abstained: 0
Mayor Adame referred to Item No. 10. Mark Van Vleck, Interim Director of
Development Services stated that the purpose of the rezoning of the property
is to allow for development of a single - family subdivision. Mr. Van Vleck stated
that the Planning Commission and Planning Staff recommend approval of the
zoning from "FR" Farm Rural District to the "RS -4.5" Single - Family 4.5 District.
A motion was made by Council Member Marez, seconded by Council Member
Martinez to open the public hearing. Mayor Adame asked for comments from
the audience. There were no comments. A motion was made by Council
Member Martinez, seconded by Council Member Marez to close the public
hearing.
10 Second Reading Ordinance - A change of zoning from the "FR" Farm
Rural District to the "RS -4.5 Single - Family 4.5 District, at 7201
Yorktown Boulevard (1st Reading 11113112)
Case No. 1012 -03 Yorktown Oso Joint Venture: A change of zoning
from the "FR" Farm Rural District to the "RS -4.5" Single - Family 4.5
District, without resulting in a change of future land use. The property
to be rezoned is described as being a 7.339 -acre tract of land out of
Lots 29 and 30, Section 25, Flour Bluff and Encinal Farm and Garden
Tracts, located east of Rodd Field Road and south of Stampede Drive.
Planning Commission and Staff Recommendation (October 10, 2012):
Approval of the change of zoning from the "FR" Farm Rural District to
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the "RS -4.5" Single - Family 4.5 District.
Ordinance
Ordinance amending the Unified Development Code ( "UDC ") upon
application by Yorktown Oso Joint Venture, acting as agent on behalf
of Related Investors, Ltd. ( "Owner"), by changing the UDC Zoning Map
in reference to a 7.339 -acre tract of land out of Lots 29 and 30,
Section 25, Flour Bluff and Encinal Farm and Garden Tracts, from the
"FR" Farm Rural 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, penalties, and publication.
The Foregoing ordinance was passed and approved on first reading with the
following vote:
Aye: 7 - MayorAdame, Council MemberAdler, Council MemberAllen, Council
Member Leal, Council Member Marez, Council Member Martinez and
Council Member Scott
Absent: 2 - Council Member Elizondo and Council Member Loeb
Abstained: 0
Mayor Adame referred to Item No. 11. Mark Van Vleck, Interim Director of
Development Services stated that the purpose of the rezoning of the properly
is to allow for development of a single - family and clustered housing
subdivision. Mr. Van Vleck stated that the Planning Commission and Planning
Staff recommend approval of the zoning from "FR" Farm Rural District to the
"RS -4.5" Single - Family 4.5 District.
A motion was made by Council Member Marez, seconded by Council Member
Scott to open the public hearing. Mayor Adame asked for comments from the
audience. There were no comments. A motion was made by Council Member
Martinez, seconded by Council Member Scott to close the public hearing.
11 Second Reading Ordinance - A change of zoning from the "FR" Farm
Rural District to the "RS -4.5" Single - Family 4.5 District, at 7201
Yorktown Boulevard (1st Reading 11193112)
Case No. 1012 -04 Yorktown Oso Joint Venture: A change of zoning
from the "FR" Farm Rural District to the "RS -4.5" Single - Family 4.5
District, without resulting in a change of future land use. The property
to be rezoned is described as being a 13.206 -acre tract of land out of
Lots 31 and 32, Section 25, Flour Bluff and Encinal Farm and Garden
Tracts, located east of Rodd Field Road and south of High Gun Drive.
Planning Commission and Staff Recommendation (October 10, 2012):
Approval of the change of zoning from the "FR" Farm Rural District to
the "RS -4.5" Single - Family 4.5 District.
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Ordinance
Ordinance amending the Unified Development Code ( "UDC') upon
application by Yorktown Oso Joint Venture, acting as agent on behalf
of Related Investors, Ltd. ( "Owner"), by changing the UDC Zoning Map
in reference to a 13.206 -acre tract of land out of Lots 31 and 32,
Section 25, Flour Bluff and Encinal Farm and Garden Tracts, from the
"FR" Farm Rural 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, penalties, and publication.
The foregoing ordinance was passed and approved on first reading with the
following vote:
Aye: 7- Mayor Adame, Council Member Adler, Council Member Allen, Council
Member Leal, Council Member Marez, Council Member Martinez and
Council Member Scott
Absent: 2 - Council Member Elizondo and Council Member Loeb
Abstained: 0
L. REGULAR AGENDA: (NONE)
M. FIRST READING ORDINANCES: (ITEMS 12 - 14)
12 Second Reading Ordinance - Appropriating developer fees and
interest for park improvements and related projects (1 st Reading
11113112)
Ordinance appropriating $43,824.93 in developer contributions and
$1,241.91 in interest earnings for a sum of $45,066.84 in the No. 4720
Community Enrichment Fund for park improvements, and other related
projects_
The foregoing ordinance was passed and approved on first reading with the
following vote:
Aye: 7- Mayor Adame, Council Member Adler, Council Member Allen, Council
Member Leal, Council Member Marez, Council Member Martinez and
Council Member Scott
Absent: 2 - Council Member Elizondo and Council Member Loeb
Abstained: 0
13 Second Reading Ordinance - Accepting and appropriating State grant
for Meals on Wheels Program (1st Reading 11113112)
Ordinance authorizing the City Manager or designee to execute all
documents necessary to accept a $248,663.25 grant awarded by the
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Texas Department of Aging and Disability Services and appropriating
in No. 1067 Parks and Recreation Grants Fund for the FY 2012 Senior
Community Services, Title XIX and Title XX Meals on Wheels
Program.
The foregoing ordinance was passed and approved on first reading with the
following vote:
Aye. 7- Mayor Adame, Council Member Adler, Council Member Allen, Council
Member Leal, Council Member Marez, Council Member Martinez and
Council Member Scott
Absent: 2 - Council Member Elizondo and Council Member Loeb
Abstained: 0
14 Second Reading Ordinance - Amending the number of members for
the Sister City Committee (1 st Reading 11113112)
Ordinance to revise the membership of the Sister City Committee from
21 members to 15 members.
The foregoing ordinance was passed and approved on first reading with the
following vote:
Aye: 7- Mayor Adame, Council Member Adler, Council Member Allen, Council
Member Leal, Council Member Marez, Council Member Martinez and
Council Member Scott
Absent: 2 - Council Member Elizondo and Council Member Loeb
Abstained: 0
N. FUTURE AGENDA ITEMS: (ITEMS 15 - 21)
Mayor Adame referred to the Future Agenda section, Items 15 - 21. Mayor
Adame stated that these items are for informational purposes only and that no
action or public comment would be taken. Council members requested a
presentation on Items 16 and 18.
15 Interlocal Agreement for ongoing community needs assessment for the
positive development of youth and families
Resolution authorizing the City Manager, or designee, to execute an
Interlocal Agreement with Texas A &M University- Corpus Christi
regarding ongoing community needs assessment.
This Resolution was recommended to consent agenda
Enactment No: 029674
16 Agreement for the installation of lighting at the Packery Channel for the
new parking lot and overlooks
Motion approving a Contribution -In- Aid -Of- Construction Agreement
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with American Electric Power (AEP) in the amount of $67,114.70 for
the installation of the Packery Channel Parking and Overlooks
Lighting.
This Motion was recommended to consent agenda
17 Amendment to Type A agreement for Plant Bikes (Rugged Cycles)
(Original Agreement Passed 05129112)
Resolution approving an amended business incentives agreement
between the Corpus Christi Business and Job Development
Corporation ( "Type A Corporation ") and Plant Bikes LLC ( "Rugged
Cycles "), to provide a grant of up to $200,000 to purchase and improve
a manufacturing facility in Corpus Christi and the creation and
retention of jobs.
This Resolution was recommended to consent agenda
18 Nominating oil refining company as a double jumbo Texas Enterprise
Zone project making them eligible for State sales tax rebates
Approving a resolution nominating Valero Refining ( "Valero ") to the
Office of the Governor Economic Development & Tourism ( "EDT ")
through the Economic Development Bank ( "Bank ") as a double jumbo
enterprise project pursuant to the Texas Enterprise Zone Act ( "Act ").
This Resolution was recommended to consent agenda
19 Adopting City portions of action plan and appointing hazard mitigation
coordinator for the reduction of loss from natural hazards
Resolution adopting the portions of the Coastal Bend Mitigation Action
Plan that pertains to the City of Corpus Christi which were developed
with the Coastal Bend Council of Governments and Appointing the City
Manager or his designee to act as the City's hazard mitigation
coordinator.
This Resolution was recommended to consent agenda
20 Grant Application to develop curriculum for training businesses and
residents for emergency situations
Resolution ratifying the submission of a grant application for FEMA
2012 Community Resilience Innovation Challenge Grant in the amount
of $35,000.00 to combine emergency management studies and plans
to develop a training lesson deliverable by businesses, colleges, and
local schools through human resources including the City's HR
department, new student orientations, and business continuity training
classes
This Resolution was recommended to consent agenda
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21 Ratification of funding agreements for the Emergency Solutions Grant
Program
Motion ratifying the FY2012 -13 Emergency Solutions Grant Program
funding agreements to be effective August 1, 2012
This Motion was recommended to consent agenda
O. UPDATES TO CITY COUNCIL: (NONE)
P. PUBLIC COMMENT.
Mayor Adame referred to Public Comment. Abel Alonzo thanked the council for
their service; Cindy Mutchler also thanked the council for their service; Art
Norman thanked the council for their service and make comments regarding
Oso Creek Park; Citizen asked the council to reconsider the metal ordinance;
John Adams displayed photos of Oso Creek Park Phase 1 area and spoke of
the destruction at the park.
R. ADJOURNMENT
There being no further business to come before the Council, Mayor Adame
adjourned the meeting at 1:45 pm.
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