HomeMy WebLinkAboutMinutes City Council - 03/26/2013HEREBY CERTIFY that the foregoing is a true and correct copy of the minutes of the
Regular Meeting of the Corpus Christi City Council of March 26, 2013 which were approved by the
City Council on April 9, 2013.
WITNESSETH MY HAND AND SEAL, on this the 9th day of April, 2013.
Armando Chapa
City Secretary
SEAL
INDEXED
1241 Leopard Street
Corpus Christi, TX 78401
cctexas.com
Tuesday, March 26, 2013 11:30 AM Council Chambers
A. CALL MEETING TO ORDER.
Mayor Pro Tern Allen called the meeting to order.
B. INVOCATION.
The invocation was delivered by Pastor Scott McDonald of Corpus Christi
Community Church.
C. PLEDGE OF ALLEGIANCE.
The Pledge of Allegiance was led by Armando Chapa, City Secretary.
D. ROLL CALL.
City Secretary Armando Chapa verified that the necessary quorum of the
Council and the required Charter Officers were present to the conduct the
meeting.
Charter Officers: City Manager Ron Olson, City Attorney Carlos Valdez, and
City Secretary Armando Chapa.
Present: 8 - Council Member Kelley AIIen,Council Member Priscilla Leal,Council
Member David Loeb,Council Member Mark Soott,Council Member Chad
Magill,Council Member Colleen Mclntyre,Council Member Lillian Riojas,
and Council Member Rudy Garza
Absent: 1 - Mayor Nelda Martinez
E. Proclamations I Commendations
1. AEP Check Presentation to the City of Corpus Christi for their
participation in the 2012 CitySmart Program for Energy Efficiency
Lighting Retrofit Projects
Proclamation declaring April 13, 2013 as Earth Day - Bay Day 2013"
Proclamation deccaring April 2013 as "Earth Month 2013"
Proclamation declaring April 2013 as "Sexual Assault Awareness
Month"
Swearing -in ceremony of newly appointed City board, commission and
committee members
Mayor Pro Tern Allen read and presented the proclamations
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F. PUBLIC COMMENT.
Mayor Pro Tern Allen referred to Public Comment and the following citizens
spoke: Carolyn Moon spoke regarding the plastic bag ordinance and it's
implementation date; Wilson Wakefield spoke regarding the water rights for the
Mary Rhodes Pipeline; Jerry Garcia spoke regarding funding for Southside
Pony League, ethical standards, and number of tournaments held in Select
Baseball; Deven Bhakta spoke of.a subcommittee of the Chamber of
Commerce to study the street fee issue and present a plan on behalf of the
business community to council for consideration; Moses Mostaghasi spoke of
a matter that occurred on October 4 at Oso Creek Park; and Buck Robinson
spoke regarding Item No. 37 on residential irrigation and stated that he
supports annual testing.
G. EXECUTIVE SESSION: (ITEM 2)
2. Executive Session pursuant to Texas Government Code Section
551.074 Personnel Matters to deliberate the appointment,
employment, evaluation, reassignment, duties, discipline, or dismissal
of Municipal Court Judge with possible discussion and action .in open
session.
Mayor Pro Tern Allen read Executive Session Item No. 2. The council went into
executive session. The council returned from executive session. City
Secretary Chapa read the following ordinance:
Ordinance accepting the resignation of Melissa K. Madrigal from her position
as Municipal Judge of the Municipal Court of Record in the City of Corpus
Christi.
An emergency was declared and the foregoing ordinance was passed and
approved with the following vote:
Aye: 7- Council Member Allen, Council Member Leal, Council Member Loeb,
Council Member Scott, Council Member Magill, Council Member McIntyre
and Council Member Garza
Absent: 2 - Mayor Martinez and Council Member Riojas
Abstained: 0
Enactment No: 029771
H. MINUTES: (NONE)
I. BOARDS & COMMITTEE APPOINTMENTS: NONE
J. EXPLANATION OF COUNCIL ACTION:
K. CONSENT AGENDA: ITEMS 3 - 28
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Mayor Pro Terri Allen referred to the Consent Agenda, Items 3 through 28. City
Manager Olson announced that Item No. 27 was being pulled from the agenda.
The following items were pulled for individual consideration: 4, 6, 9, and 10.
3. Renewal of treated water supply contract with Violet Water
Supply Corporation
Motion authorizing the City Manager or designee to execute a contract
to supply Violet Water Supply Corporation (Violet) with treated water
for up to 10,000,000 gallons per month for a term of 40 years.
The foregoing motion was passed and approved with the following vote:
Aye: 8 - Council MemberAllen, Council Member Leal, Council Member Loeb,
Council Member Scott, Council Member Magill, Council Member McIntyre,
Council Member Riojas and Council Member Garza
Absent: 1 - Mayor Martinez
Abstained: 0
Enactment No: M2013 -050
4. Professional Services Contract for accelerated considerations of
funding and constructing the Mary Rhodes Phase II pipeline
project
Motion authorizing the City Manager, or designee, to execute a
Contract for Professional Services with HDR Engineering, Inc. of
Corpus Christi, Texas in the amount of $80,000.00, for Water Supply
Alternative Funding Strategies.
The foregoing motion was passed and approved with the following vote:
Aye. 7- Council Member Allen, Council Member Loeb, Council Member Scott,
Council Member Magill, Council Member McIntyre, Council Member
Riojas and Council Member Garza
Absent: 1 - Mayor Martinez
Recused: 1 - Council Member Leal
Abstained. 0
Enactment No: M2013 -051
$• Software Licensing Agreement to update existing Municipal
Information Systems (MIS) service desk licensing and
management suite licenses
Motion authorizing the City Manager, or designee, to execute a 3 -year
contract with SHI, Inc., of Austin, Texas for an estimated expenditure
of $252,911.94. The cost will be paid in 3 annual payments of
$84,303.98. The purpose is to update existing LANDesk Service Desk
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and management suite licenses to an enterprise solution and this cost
includes maintenance costs for the 3 -year period. SHI, Inc. is a Texas'
Department of Information Resources reseller number DIR -SDD -1009.
The foregoing motion was passed and approved with the following vote:
Aye: 8- Council Member Allen, Council Member Leal, Council Member Loeb,
Council Member Scott, Council Member Magill, Council Member McIntyre,
Council Member Riojas and Council Member Garza
Absent: 1 - Mayor Martinez
Abstained: 0
Enactment No: M2013 -052
6. BOND 2012 PROJECTS Related Items 6 - 11
Award of a construction contract; and approval of construction
materials testing contact for Yorktown Boulevard Phase 2 project
(BOND 2012)
Motion authorizing the City Manager or designee to execute a
Construction Contract with Bay, Ltd. of Corpus Christi, Texas in the
amount of $6,373,769.00 and to execute a Construction Materials
Testing Contract with Rock Engineering & Testing Laboratory, Inc. of
Corpus Christi, Texas in the amount of $84,201.00 for Yorktown
Boulevard Phase 2 from Cimarron Boulevard to Rodd Field Road for
the Base Bid plus Additive Alternate No. 1 and 2 BOND ISSUE 2012
(Proposition No. 1 Street Projects).
The foregoing motion was passed and approved with the following vote:
Aye: 8- Council Member Allen, Council Member Leal, Council Member Loeb,
Council Member Scott, Council Member Magill, Council Member McIntyre,
Council Member Riojas and Council Member Garza
Absent: 1 - Mayor Martinez
Abstained: 0
Enactment loo: M2013 -053
7. Professional services contract for design and construction of
County Road 52 Extension (CR 69 to FM 1889) (BOND 2012)
Motion authorizing the City Manager, or designee, to execute a
Contract for Professional Services with Naismith Engineering, Inc.
from Corpus Christi, Texas in the amount of $241,692.50, for County
Road 52 Extension from CR 69 to FM 1889 for design, bid, and
construction phase services BOND ISSUE 2012. (Proposition No. 8
Economic Development Projects)
The foregoing motion was passed and approved with the following vote:
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Aye: 8- Council Member Allen, Council Member Leal, Council Member Loeb,
Council Member Scott, Council Member Magill, Council Member McIntyre,
Council Member Riojas and Council Member Garza
Absent: 1 - Mayor Martinez
Abstained: 0
Enactment No: M2013 -054
8. Professional services contract for remodeling and improvements
of the animal care facility (BOND 2012)
Motion authorizing the City Manager, or designee, to execute a
Contract for Professional Services with Chuck Anastos of Corpus
Christi, Texas in the amount of $87,300.00 for Animal Control
Remodel /Improvements for design, bid, and construction phase
services. BOND ISSUE 2012 (Proposition No_ 3 Service Center
Complex Improvements).
The foregoing motion was passed and approved with the following vote:
Aye: 8- Council Member Allen, Council Member Leal, Council Member Loeb,
Council Member Scott, Council Member Magill, Council Member McIntyre,
Council Member Riojas and Council Member Garza
Absent: 1 - Mayor Martinez
Abstained: 0
Enactment No: M2013 -055
9. Professional services contract for the design and construction of
hike and bike trails along Schanen Ditch and Bear Creek Ditch
(BOND 2012)
Motion authorizing the City Manager, or designee, to execute a
Contract for Professional Services with Martinez, Guy & Maybik, Inc.
of Corpus Christi, Texas in the amount of $185,540.00, for Hike and
Bike Trail Development for design, bid, and construction phase
services. BOND ISSUE 2012.
The foregoing motion was passed and approved with the following vote:
Aye: 8- Council Member Allen, Council Member Leal, Council Member Loeb,
Council Member Scott, Council Member Magill, Council Member McIntyre,
Council Member Riojas and Council Member Garza
Absent: 1 - Mayor Martinez
Abstained: 0
Enactment No: M2013 -056
10. Professional services contract for design and construction of
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new shop and office facility for signs & signals operations (BOND
2012)
Motion authorizing the City Manager, or designee, to execute a
Contract for Professional Services with Chuck Anastos from Corpus
Christi, Texas in the amount of $141,000, for Signs /Signal Operations
- New Shop and Office Facility for design, bid, and construction phase
services BOND ISSUE 2012 (Proposition No. 3 Service Center
Complex Improvements).
The foregoing motion was passed and approved with the following vote:
Aye: 8- Council Member Allen, Council Member Leal, Council Member Loeb,
Council Member Scott, Council Member Magill, Council Member McIntyre,
Council Member Riojas and Council Member Garza
Absent: 1 - Mayor Martinez
Abstained: 0
Enactment No: M2013 -057
11. Professional services contract for Health Department parking lot
improvements (BOND 2012)
Motion authorizing the City Manager, or designee, to execute a
Contract for Professional Services with Urban Engineering from
Corpus Christi, Texas in the amount of $64,200.00, for Health
Department Building Parking Lot for design, bid, and construction
phase services BOND ISSUE 2012 (Proposition No. 6 Public Health
Improvements)
The foregoing motion was passed and approved with the following vote:
Aye. 19- Council Member Allen, Council Member Leal, Council Member Loeb,
Council Member Scott, Council Member Magill, Council Member McIntyre,
Council Member Riojas and Council Member Garza
Absent: 1 - Mayor Martinez
Abstained: 0
Enactment No: M2013 -058
12. Professional Services Agreement for Veterinary Services
Motion approving a professional services agreement with Melissa
Draper, DVM, Corpus Christi, Texas for veterinary services for an
estimated annual expenditure of $100,000.00, of which $33,333.33 is
required for the remainder of FY 2012 -2013. The term of the
agreement shall be for twelve (12) months with options to extend for
up to two (2) additional twelve -month periods, subject to the approval
of the Contractor and the City Manager or designee. Funds have
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been budgeted by the Police Department in FY 2012 -2013.
The foregoing motion was passed and approved with the following vote:
Aye: 8- Council Member Allen, Council Member Leal, Council Member Loeb,
Council Member Scott, Council Member Magill, Council Member McIntyre,
Council Member Riojas and Council Member Garza
Absent: 1 - Mayor Martinez
Abstained: . 0
Enactment No: M2013 -059
13. Supply agreement for aluminum traffic signs
Motion approving a supply agreement with Custom Products
Corporation, Jackson, Mississippi for aluminum traffic signs in
accordance with Bid Invitation No. BI- 0097 -13 based on lowest
responsible bid for an estimated annual expenditure of $133,994.55,
of which $44,664.85 is required for the remainder of FY 2012 -2013.
The term of the agreement shall be for twelve (12) months with
options to extend for up to two (2) additional. twelve -month periods,
subject to the approval of the supplier and the City Manager or
designee. Funds have been budgeted by Traffic Engineering FY
2012 -2013.
The foregoing motion was passed and approved with the following vote:
I
Aye: 8- Council Member Allen, Council Member Leal, Council Member Loeb,
Council Member Scott, Council Member Magill, Council Member McIntyre,
Council Member Riojas and Council Member Garza
Absent. 1 - Mayor Martinez
Abstained: 0
Enactment No: M2013 -060
14. Lease- purchase of pothole patcher trucks for street maintenance
Motion approving the lease - purchase of two (2) Bergkamp Flameless
Pothole Patchers from Freightliner of Austin, Austin, Texas for a total
amount of $277,074.00. The award is based on the cooperative
purchasing agreement with the Texas Local Government Purchasing
Cooperative (TLGPC). Funding is available from the City's
lease - purchase financing contractor.
The foregoing motion was passed and approved with the following vote:
Aye: 8- Council Member Allen, Council Member Leal, Council Member Loeb,
Council Member Scott, Council Member Magill, Council Member McIntyre,
Council Member Riojas and Council Member Garza
Absent: 1 - Mayor Martinez
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Abstained: 0
Enactment No: M2013 -061
s
15. Lease - purchase of two asphalt crack sealing machines to be
used for street maintenance
Motion approving the lease purchase of two (2) asphalt crack sealing
machines (trailer mounted) from Crafco Texas, Inc., of San Antonio,
Texas for a total amount of $96,740.34. The award is based on the
cooperative purchasing agreement with the Texas Local Government
Cooperative_ The equipment will be used by the City's Street
Department. These units are replacements to the fleet. Funds for the
lease purchase of the machines will be provided by the City's lease
purchase financing program.
The foregoing motion was passed and approved with the following vote:
Aye: 8 - Council MemberAllen, Council Member Leal, Council Member Loeb,
Council Member Scott, Council Member Magill, Council Member McIntyre,
Council Member Riojas and Council Member Garza
Absent: 1 - Mayor Martinez
Abstained: 0
Enactment No: M2013 -062
16. Resolution of support for the application of Texas A &M
University- Corpus Christi for Federal designation as a test range
for unmanned aircraft system.
Resolution supporting the application of Texas A &M University- Corpus
Christi to pursue Federal Aviation Administration (FAA) designation for
Texas as an unmanned aircraft system (UAS) test range.
The foregoing resolution was passed and approved with the following vote:
Aye: 8- Council Member Allen, Council Member Leal, Council Member Loeb,
Council Member Scott, Council Member Magill, Council Member McIntyre,
Council Member Riojas and Council Member Garza
Absent: 1 - Mayor Martinez
Abstained: 0
Enactment No: 029772
17. Resolution authorizing submission of a grant application to the
State for summer food program to serve children in summer
recreation program
Resolution authorizing the City Manager, or designee, to submit a
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grant application to Texas Department of Agriculture for a Summer
Food Program Grant in the amount of $250,000 to operate a Summer
Food Service Program for summer recreation program participants
ages one to eighteen years.
The foregoing resolution was passed and approved with the following vote:
Aye: 8- Council Member Allen, Council Member Leal, Council Member Loeb,
Council Member Scott, Council Member Magill, Council Member McIntyre,
Council Member Riojas and Council Member Garza
Absent: 1 - Mayor Martinez
Abstained: 0
Enactment No: 029773
18. Revisions to the Community Youth Development Steering
Committee membership from 11 to 9 members
Resolution revising membership of the Community Youth
Development Steering Committee.
The foregoing resolution was passed and approved with the following vote:
Aye: 8- Council Member Allen, Council Member Leal, Council Member Loeb,
Council Member Scott, Council Member Magill, Council Member McIntyre,
Council Member Riojas and Council Member Garza
Absent: 1 - Mayor Martinez
Abstained: 0
Enactment No: 029774
19. Second Reading Ordinance - Transfer and appropriation of funds
to capital budget for arena 1 convention center loading dock
repairs (1st Reading 3119113)
Ordinance transferring and appropriating $100,000 from the
Unreserved Fund Balance in No. 1130 Arena Improvement Fund to
and appropriating in the No. 3274 Arena Type A CIP Fund for the
Arena /Convention Center Loading Dock Repairs; changing the FY
2013 Operating Budget adopted by Ordinance No_ 029577 to increase
expenditures by $100,000; and changing the FY 2013 Capital
Improvement Budget adopted by Ordinance No. 029565 to increase
revenues and expenditures by $100,000 each.
The foregoing ordinance was passed and approved on second reading with the
following vote:
Aye: 8- Council Member Allen, Council Member Leal, Council Member Loeb,
Council Member Scott, Council Member Magill, Council Member McIntyre,
Council Member Riojas and Council Member Garza
Absent: 1 - Mayor Martinez
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Abstained: 0
Enactment No: 029775
20. Second Reading Ordinance - Lease agreement for operation of
news and gift concession at City airport (1st Reading 3119113).
Ordinance authorizing the City Manager, or designee, to execute a
Long Term Lease Agreement ( "Lease ") with Host International, Inc.
( "HMS Host ") for the operation of a news and gift concession located
at the Corpus Christi International Airport ( "Airport "), in consideration
of the greater of an annual minimum guarantee of $110,000 or a sum
equal to ten percent (10 %) of the HMS Host's gross receipts, for a
term of five (5) years.
The foregoing ordinance was passed and approved on second reading with the
following vote:
Aye: 8- Council Member Allen, Council Member Leal, Council Member Loeb,
Council Member Scott, Council Member Magill, Council Member McIntyre,
Council Member Riojas and Council Member Garza
Absent: 1 - Mayor Martinez
Abstained. 0
Enactment No: 029776
21. Second Reading Ordinance - Ratifying acceptance of the
amendment to State grant for air quality planning activities;
appropriating grant funds (1st Reading 3119113)
Ordinance ratifying the acceptance of Amendment No. 5 to the Grant
Agreement with the Texas Commission on Environmental Quality and
appropriating $371,520 in the No. 1071 Community Enrichment
Grants Fund for air quality planning activities.
The foregoing ordinance was passed and approved on second reading with the
following vote:
Aye: 8- Council Member Allen, Council Member Leal, Council Member Loeb,
Council Member Scott, Council Member Magill, Council Member McIntyre,
Council Member Riojas and Council Member Garza
Absent: 1 - Mayor Martinez
Abstained: 0
Enactment No: 029777
22• Second Reading Ordinance - Appropriating
abandoned/unclaimed monies from Police Property room (1st
Reading 3119113)
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Ordinance appropriating $11,586.71 from abandoned /unclaimed
monies from the Police Property Room, changing the FY 2012 -2013
Operating Budget adopted by Ordinance No.029577 by increasing
revenue and expenditures in the General Fund No. 1020 by
$11,586.71 each.
The foregoing ordinance was passed and approved on second reading with the
following vote:
Aye: 8- Council Member Allen, Council Member Leal, Council Member Loeb,
Council Member Scott, Council Member Magill, Council Member McIntyre,
Council Member Riojas and Council Member Garza
Absent: 1 - Mayor Martinez
Abstained: 0
Enactment No: 029778
23. Second Reading Ordinance - Appropriating a State grant for
serving homebound seniors in the Senior Companion Program
(1st Reading 3119113)
Ordinance appropriating a $5,381 grant from the Corporation for
National and Community Service in the No. 1067 Parks and
Recreation grants fund for the Senior Companion Program.
The foregoing ordinance was passed and approved on second reading with the
following vote:
Aye: 8 - Council MemberAllen, Council Member Leal, Council Member Loeb,
Council Member Scott, Council Member Magill, Council Member McIntyre,
Council Member Riojas and Council Member Garza
Absent: 1 - Mayor Martinez
Abstained: 0
Enactment No: 029779
24. Second Reading Ordinance - Amending the Code of Ordinances
for the Mayor's Fitness Council duties and membership ('1st
Reading 3119113)
Ordinance amending the Code of Ordinances regarding Mayor's
Fitness Council duties and membership.
The foregoing ordinance was passed and approved on second reading with the
following vote:
Aye: 8 - Council MemberAllen, Council Member Leal, Council Member Loeb,
Council Member Scott, Council Member Magill, Council Member McIntyre,
Council Member Riojas and Council Member Garza
Absent: 1 - Mayor Martinez
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Abstained: 0
Enactment No: 029780
25. Second Reading Ordinance - Establishing the Downtown Catalyst
Area in the City (1st Reading 3119113)
Ordinance defining "Catalyst Area" and establishing the Downtown
Catalyst Area in the City of Corpus Christi, Texas.
The foregoing ordinance was passed and approved on second reading with the
following vote:
Aye: 8 - Council MemberAllen, Council Member Leal, Council Member Loeb,
Council Member Scott, Council Member Magill, Council Member McIntyre,
Council Member Riojas and Council Member Garza
Absent: 1 - Mayor Martinez
Abstained: 0
Enactment No: 029781
26. Second Reading Ordinance - Designating the Downtown
Reinvestment Zone within the City (1st Reading 3119113)
Ordinance designating the Downtown Reinvestment Zone within the
City of Corpus Christi, Texas, under the Property Redevelopment and
Tax Abatement Act (Chapter 312 of the Texas Tax Code).
The foregoing ordinance was passed and approved on second reading with the
following vote:
Aye: 8 - Council MemberAllen, Council Member Leal, Council Member Loeb,
Council Member Scott, Council Member Magill, Council Member McIntyre,
Council Member Riojas and Council Member Garza
Absent: 1 - Mayor Martinez
Abstained: 0
Enactment No: 029782
27. Second Reading Ordinance - Amending the lease of a portion of
Mt. Vernon Park for the proposed expansion of the Deaf & Hard of
Hearing Center located at the 5100 block of McArdle Road near
La Palmera Mall (1st Reading 3119113)
Ordinance finding that there is no feasible and prudent alternative to
the expanded use from approximately 0.4 acres to 0.677 acres of Mt.
Vernon Park located along 5100 block of McArdle Road by The
Corpus Christi Area Council for the Deaf for the expansion and
continued operation of The Corpus Christi Area Council for the Deaf,
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and determining that all reasonable planning has occurred to minimize
harm to Mt. Vernon Park resulting from such use; and authorizing the
City Manager or designee to execute a ten -year lease agreement with
The Corpus Christi Area Council for the Deaf for expanded lease area
of approximately .677 acres of Mt. Vernon Park, with one ten -year
extension term.
This Ordinance was withdrawn.
28. Second Reading Ordinance - Amending the Unified Development
Code to add the requirements and enforcement of Model
Subdivision Rules to plats and subdivisions of land within the
Extraterritorial jurisdiction of the City (1st Reading 3119113)
Ordinance amending the Unified Development Code ( "UDC') by
revising Article 8, Section 8.1, subsection 8.1.1, related to Authority
regarding subdivisions located in the extraterritorial jurisdiction of the
City by adding language to incorporate Chapter II of the December 13,
2006 Nueces County Subdivision Regulations and Platting
Requirements, which incorporate the Model Subdivision Rules as
authorized by Chapter 364 of Title 31 of the Texas Administrative
Code; providing for severance, penalties, and publication..
The foregoing ordinance was passed and approved on second reading with the
following vote:
Aye: 8- Council Member Allen, Council Member Leal, Council Member Loeb,
Council Member Scott, Council Member Magill, Council Member McIntyre,
Council Member Riojas and Council Member Garza
Absent: 1 - Mayor Martinez
Abstained: 0
Enactment No: 029783
L. PUBLIC HEARINGS: (ITEMS 29 - 33)
29. Public Hearing and First Reading Ordinance -A change of zoning
from the "RM- ATIPUD " Multifamily AT District with a Planned Unit
Development Overlay to the "RM ATIPUD " Multifamily AT District
with a modified Planned Unit Development Overlay, on property
located at 7269 State Highway 361.
Case No. 0213 -02 Carl Badalich and Sherry Badalich A change of
zoning from the "RM- ATIPUD" Multifamily AT District with a Planned
Unit Development Overlay to the "RM- ATIPUD" Multifamily AT District
with a modified Planned Unit Development Overlay, not resulting in a
change of future land use. The property to be rezoned is described as
Sunrise Shores, Block 1, Lots 101 -119, 122, 301 -313 and 3B, located
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between State Highway 361 and the Gulf of Mexico, approximately
one -half mile north of Sea Way Drive.
Planning Commis and Staff Recommendation (February 13.
2013):
Approval of the change of zoning from the "RM- ATIPUD" Multifamily
AT District with a Planned Unit Development Overlay to the
"RM- ATIPUD" Multifamily AT District with a modified Planned Unit
Development Overlay, subject to nine conditions.
Ordinance
Ordinance amending the Unified Development Code ( "UDC ") upon
application by Carl Badalich and Sherry Badalich ( "Owners "), by
changing the UDC Zoning. Map in reference to Lots 101 -119, 122,
301 -313, and 3B, Block 1, Sunrise Shores, from the "RM- ATIPUD"
Multifamily AT District with a Planned Unit Development Overlay to the
" RM- ATIPUD" Multifamily AT District with a modified Planned Unit
Development Overlay; amending the Comprehensive Plan to account
for any deviations; and providing for a repealer clause and publication.
Mayor Pro Tern Allen referred to Item No. 29. Mark Van Vleck, Director of
Development Services stated that this item is to rezone the property. to allow a
Planned Unit Development consisting of 31 single- family dwelling units, two
townhouse units, and a multifamily structure. Mr. Van Vleck stated that the
Planning Commission and Staff recommend approval of this zoning change. A
motion was made by Council Member Scott, seconded by Council Member
Magill to open the public hearing and passed. There were no comments from
the audience. A motion was made by Council Member Scott, seconded by
Council Member Leaf to close the public hearing and passed.
The foregoing ordinance was passed and approved on first reading with the
following vote:
Aye: 8- Council Member Allen, Council Member Leal, Council Member Loeb,
Council Member Scott, Council Member Magill, Council Member McIntyre,
Council Member Riojas and Council Member Garza
Absent: 1 - Mayor Martinez
Abstained: 0
30. Public Hearing and First Reading Ordinance - A change of zoning
from the "CG -2" General Commercial District to the "IL" Light
Industrial District, on property located east of U.S. Highway 77
and at the east end of County Road 52.
Case No. 0213 -01 Charles O. Massey A change of zoning from the
"CG -2" General Commercial District to the "IL" Light Industrial District,
resulting in a change of future land use from commercial to light
industrial. The property is described as being an 18.47 -acre tract of
land out of the Gregorio Farias Grant, Abstract 592, located east of
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U.S. Highway 77 (Interstate Highway 69) and at the east end of
County Road 52.
Planning Commission and Staff Recommendation (February 13,
2013):
Approval of the change of zoning from the "CG -2" General
Commercial District to the "1L" Light Industrial District.
Ordinance
Ordinance amending the Unified Development Code ( "UDC ") upon
application by Charles O. Massey, acting as agent on behalf of COEL
Properties, Ltd. ( "Owner "), by changing the UDC Zoning Map in
reference to an 18.47 -acre tract out of the Gregorio Farias Grant,
Abstract 592, from the "CG -2" General Commercial District to the "I L"
Light Industrial District; amending the Comprehensive Plan to account
for any deviations and providing for a repealer clause and publication.
Mayor Pro Tern Allen referred to Item No. 30. Mark Van Vleck, Director of
Development Services stated that this item is to rezone the property to allow
light industrial uses. Mr. Van Vleck stated that the Planning Commission -and
Staff recommend approval of this zoning change. A motion was made by
Council Member Scott, seconded by Council Member McIntyre to open the
public hearing and passed. There were no comments from the audience. .A
motion was made by Council Member Scott, seconded by Council Member
Magill to close the public hearing and passed.
The foregoing ordinance was passed and approved on first reading with the
following vote:
Aye. 8- Council Member Allen, Council Member Leal, Council Member Loeb,
Council Member Scott, Council Member Magill, Council Member McIntyre,
Council Member Riojas and Council Member Garza
Absent: 1 - Mayor Martinez
Abstained: 0
31, Public Hearing and First Reading Ordinance - A change of zoning
from the "CG -2" General Commercial District to the "CG- 21PUD"
General Commercial District with a Planned Unit Development
Overlay, 5402 Chicago Drive
Case No_ 0812 -02 N. P. Homes L.L.C.: A change of zoning from the
"CG -2" General Commercial District to the "CG- 21PUD" General
Commercial District with a Planned Unit Development Overlay, not
resulting in a change of future land use. The rezoning also includes
the associated PUD replat. The property to be rezoned is described as
King's Crossing West Unit 2, Block 2, Lot 3, located at the northeast
corner of Chicago Drive, approximately 500 feet west of South Staples
Street (FM 2444).
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Planning Commission and Staff Recommendation Februa 13
20 13):
Approval of the change of zoning from the "CG -2" General
Commercial District to the "CG- 2 /PUD" General Commercial District
with a Planned Unit Development Overlay subject to eight conditions.
Ordinance
Ordinance amending the Unified Development Code ( "UDC ") upon
application by N.P. Homes, L.L.C. ( "Owner"), by changing the UDC
Zoning Map in reference to Lot 3, Block 2, King's Crossing West Unit
2, from "CG -2" General Commercial District to "CG- 2 /PUD" General
Commercial District with a Planned Unit Development Overlay;
amending the Comprehensive Plan to account for any deviations; and
providing for a repealer clause and publication.
Mayor Pro Tern Allen referred to Item No. 31. Mark Van Vleck, Director of
Development Services stated that this item is to rezone the property to allow
for a 32 -unit townhouse development. Mr. Van Vleck stated that the Planning
Commission and Staff recommend approval of the zoning change subject to
eight conditions. A motion was made by Council Member Scott, seconded by
Council Member Magill to open the public hearing and passed. There were no
comments from the audience. A motion was made by Council Member Scott,
seconded by Council Leal to close the public hearing and passed.
The foregoing ordinance was passed and approved on first reading with the
following vote:
Aye: 8- Council Member Allen, Council Member Leal, Council Member Loeb,
Council Member Scott, Council Member Magill, Council Member McIntyre,
Council Member Riojas and Council Member Garza
Absent: 1 - Mayor Martinez
Abstained: 0
32. Public Hearing and First Reading Ordinance -A change of zoning
from the "CR -1" Resort Commercial District to the "Cl" Intensive
Commercial District, on property located at 401 South Shoreline
Boulevard-
Case No. 0213 -04 TR Inscore LLC A change of zoning from the
"CR -1" Resort Commercial District to the "Cl" Intensive Commercial
District not resulting in a change of future land use. The property to
be rezoned is described as being a 0.50 -acre tract of land out of Block
4, South Water Beach Addition, located on the west side of South
Shoreline Boulevard between Broadway Court and Born Street.
Planninq Commission and Staff Recommendation (February 27.
20�
Approval of the change of zoning from the "CR -1" Resort Commercial
District to the "Cl" Intensive Commercial District.
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Meeting Minutes - Final March 26, 2013
Ordinance
Ordinance amending the Unified Development Code ( "UDC ") upon
application by TR Inscore LLC, acting as agent on behalf of
Guinn -Soin, Ltd. ( "Owner"), by changing the UDC Zoning Map in
reference to a 0.50 -acre tract of land out of Block 4, South Water
Beach Addition, from the "CR -1" Resort Commercial District to the "Cl"
Intensive Commercial District; amending the Comprehensive Plan to
account for any deviations; and providing for a repealer clause and
publication.
Mayor Pro Tam Allen referred to Item No. 32. Mark Van Vleck, Director of
Development Services stated that the purpose of this zoning request is to
rezone the property to reduce setback requirements and allow additional
commercial uses. Mr. Van Vleck stated that the Planning Commission and
Staff recommend approval of the zoning change. A motion was made by
Council Member McIntyre, seconded by Council Member Leal to open the
public hearing and passed. There were no comments from the audience. A
motion was made by Council Member Leal, seconded by Council Member
McIntyre to close the public hearing and passed.
The foregoing ordinance was passed and approved on first reading with the
following vote:
Aye: 7- Council Member Allen, Council Member Leal, Council Member Loeb,
Council Member Magill, Council Member McIntyre, Council Member
Riojas and Council Member Garza
Absent: 2- Mayor Martinez and Council Member Scott
Abstained: 0
33. Public Hearing and First Reading Ordinance -A change of zoning
from the "FR" Farm Rural District to the "RS -6" Single - Family 6
District, on property located at 7511 Wooldridge Road.
Case No. 0213 -03 N.P. Homes, L.L.C. A change of zoning from the
"FR" Farm Rural District to the "RS -6" Single - Family 6 District, not
resulting in a change of future land use. The property to be rezoned is
described as Lot 1, Block 20, Rodd East, located along the south side
of Wooldridge Road and approximately 510 feet east of Quebec Drive.
. Planning Commission and Staff Recommendation (February 27
20_ 13):
Approval of the change of zoning from the "FR" Farm Rural District to
the "RS -6" Single - Family 6 District.
Ordinance
Ordinance amending the Unified Development Code ( "UDC') upon
application by N.P. Homes, L.L.C. ( "Owner"), by changing the UDC
Zoning Map in reference to Lot 1, Block 20, Rodd East, from the "FR"
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Farm Rural District to the "RS -6" Single - Family 6 District; amending
the Comprehensive Plan to account for any deviations; and providing
for a repealer clause and publication.
Mayor Pro Tern Allen referred to Item No. 33. Mark Van Vleck, Director of
Development Services stated that the purpose of this zoning request is to
rezone the property to allow the development of a single- family subdivision.
Mr. Van Vleck stated that the Planning Commission and Staff recommend
approval of the zoning request. A motion was made by Council Member Magill,
seconded by Council Member Leal to open the public hearing and passed.
There were no comments from the audience. A motion was made by Council
Member Leal, seconded by Council Member Magill to close the public hearing
and passed.
The foregoing ordinance was passed and approved on first reading with the
following vote:
Aye: 6- Council Member Allen, Council Member Leal, Council Member Loeb,
Council Member Magill, Council Member Riojas and Council Member
Garza
Absent: 3- Mayor Martinez, Council Member Scott and Council Member McIntyre
Abstained: 0
M. REGULAR AGENDA: (ITEM 34)
Mayor Pro Tern Allen referred to Item No. 34, Contract for Database Survey to
collect data for Street Maintenance Fee. Mr. Oscar Martinez, Assistant City
Manager stated that is a follow -up item related to the street maintenance fee.
We added that Council had given direction to look at caps and trip factors and
to consider conducting a survey to ascertain particular land use and attach trip
factors for those businesses below 4.6. Mr. Martinez stated that the posted
agenda item is a proposed contract for 90 days at a cost of $225,000; however,
to complete within the six weeks timeframe, staff recommends accelerating the
timeframe to 30 days at a cost of $270,000. Mr. Martinez added that to keep the
contract cost low, staff would like to be included in the process. An amended
version of the contract was distributed to council.
After council discussion, Mayor Pro Tern Allen asked for comments from the
public: Wilson Wakefield stated that he does not support the Chamber of
Commerce plan, the fee, and stated that it is unfair for residents; Eloy Salazar
stated that the Chamber of Commerce has taken a position to involve the
business community and formed a subcommittee to recommend a plan and
asked to delay the item; and Abel Alonzo stated that the council was elected to
lead and do what is in the best interest of the community.
City Secretary Chapa provided clarification on the two motions. A motion was
made by Council Member Loeb, seconded by Council Member Scott to vote on
the substitute contract for 30 days at a cost of $270,000.
34. Professional services contract for database assistance survey to
collect data for street maintenance fee land use identification
Motion authorizing the City Manager or designee to execute a contract
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City Council Meeting Minutes - Final March 26, 2013
with HDR Engineering, Inc. to provide professional services in
connection with the Street Maintenance Fee Database Assistance
Project, for a total fee not to exceed $270,000.
The motion failed with the following vote:
Aye: 4 - Council Member Allen, Council Member Loeb, Council Member Scott and
Council Member McIntyre
Nay: 4 - Council Member Leal, Council Member Magill, Council Member Riojas
and Council Member Garza
Absent: 1 - Mayor Martinez
Abstained: 0
Professional services contract for database assistance survey to
collect data for street maintenance fee land use identification
Motion authorizing the City Manager or designee to execute a contract
with HDR Engineering, Inc, to provide professional services in
connection with the Street Maintenance Fee Database Assistance
Project, . for a total fee not to exceed $225,000.
City Secretary Chapa then polled the council for their vote on the posted
agenda item. The motion failed with the following vote:
Aye: 4 - Council Member Allen, Council Member Loeb, Council Member Scott and
Council Member McIntyre
Nay: 4 - Council Member Leal, Council Member Magill, Council Member Riojas
and Council Member Garza
Absent: 1 - Mayor Martinez
Abstained: 0
N. FIRST READING ORDINANCES: ITEMS 35 - 39
35. First Reading Ordinance - Accepting and appropriating a federal
grant to support a state initiative to combat narcotics trafficking
and related crimes
Ordinance authorizing the City Manager or designee to execute all
documents necessary to accept a grant in the amount of $82,003 from
the Executive Office of the President, Office of National Drug Control
Policy, to support the Police Department's role in the Texas Coastal
Corridor Initiative in the Houston High Intensity Drug Trafficking Area
(HIDTA) for the salary and benefits of a full -time program coordinator,
one administrative assistant, overtime for 4 Corpus Christi Police
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Officers, and 4 lease vehicles; and appropriating the $82,003 in the
No. 1061 Police Grants Fund.
Mayor Pro Tern Allen referred to Item No. 35. Floyd Simpson, Police Chief
stated that this item is accepting a grant to support the Police department's
role in the Texas Coastal Corridor Initiative in the amount of $82,003. Mayor
Pro Tern Allen asked for comments from the audience. There were no
comments.
The foregoing ordinance was passed and approved on first reading with the
following vote:
Aye: 6- Council Member Leal, Council Member Loeb, Council Member Scott,
Council Member Magill, Council Member Riojas and Council Member
Garza
Absent: 3- Council Member Allen, Mayor Martinez and Council Member McIntyre
Abstained: 0
36. First Reading Ordinance - Accepting and appropriating a State
grant for border security
Ordinance authorizing the City Manager or designee to execute all
documents necessary to accept a grant in the. amount of $85,000 from
the Texas Department of Public Safety, Texas Rangers Division for the
FY2013 Local Border Security Program grant; and appropriating the
$85,000 in the No. 1061 Police Grants Fund.
Mayor Pro Tern Allen referred to Item No. 36. Floyd Simpson, Police Chief
stated that this item is to accept a grant for the Local Border Security Program
in the amount of $85,000. Mayor Pro Tem Allen asked for comments from the
audience. There were no comments.
The foregoing ordinance was passed and approved on first reading with the
following vote:
Aye: 6 - Council Member Leal, Council Member Loeb, Council Member Scott,
Council Member Magill, Council Member Rojas and Council Member
Garza
Absent: 3- Council Member Allen, Mayor Martinez and Council Member McIntyre
Abstained: 0
37. First Reading Ordinance - Amending Plumbing Code and
International Residential Code to establish new language and
change the residential irrigation backflow testing requirements
from annual to triennial
Ordinance amending the Code of Ordinances, Chapter 14,
"DEVELOPMENT SERVICES," Article II, "City of Corpus Christi
Technical Construction Codes," Division 7, "PLUMBING CODE,"
Section 14 -281, "Plumbing Code," and Division 8, "RESIDENTIAL
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CODE," Section 14 -292, "Residential construction code," by changing
the frequency of testing for residential irrigation backflow devices;
providing for severance, penalties, publication, and an effective date.
Mayor Pro Tern Allen referred to Item No. 37. Mark Van Vleck, Director of
Development Services stated that this item is amending the City Code of
Ordinances, Chapter 14, the Plumbing Code, to change the frequency of
testing requirements for residential irrigation backflow devices from annual to
every three years. Mr. Van Vleck stated that the Mechanical Plumbing
Advisory Board and Staff recommend denial of this change.
Mayor Pro Tam Allen asked for comments from the public: James Rutherford
stated that he supports annual inspections; Mr. Collins stated that he supports
annual inspections; Buck Robinson stated that he supports annual inspections
and asked that the council consider the Mechanical Plumbing Advisory Board's
recommendation; and Abel Alonzo stated that this is a health issue and asked
the Council to concur with the recommendation and keep the annual
inspections.
The foregoing ordinance was passed and approved on first reading with the
following vote:
Aye: 6 - Council MemberAllen, Council Member Loeb, Council Member Scott,
Council Member Magill, Council Member McIntyre and Council Member
Riojas
Nay: 1 - Council Member Garza
Absent: 2 - Council Member Leal and Mayor Martinez
Abstained: 0
38. First Reading Ordinance - Agreement authorizing the use of
property adjacent to Whitecap Wastewater Treatment Plant for
staging a fireworks display
Ordinance authorizing the City Manager or designee to execute an
agreement with Jerry Watkins to use a portion of the property adjacent
to Whitecap Wastewater Treatment Plant in 13400 block of Whitecap
Blvd. for staging a fireworks display on July 4, 2013.
Mayor Pro Tern Allen referred to Item No. 38. Mr. Oscar Martinez, Assistant City
Manager stated that this item is for an agreement for use of property adjacent
to the Whitecap Wastewater Treatment Plant for a firewords display on July 4,
2013. Mr. Martinez stated that council approval is required for any use of city
property. Mayor Pro Tern Allen asked for comments from the public. There
were no comments.
The foregoing ordinance was passed and approved on first reading with the
following vote:
Aye: 6- Council Member Allen, Council Member Loeb, Council Member Scott,
Council Member McIntyre, Council Member Riojas and Council Member
Garza
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Absent: 3- Council Member Leal, Mayor Martinez and Council Member Magill
Abstained: 0
39. First Reading Ordinance - To approve date, location, and
admission fees and consideration for the 2013 Buccaneer Days
Festival and related activities
Ordinance authorizing the City Manager or designee to execute a
lease agreement with the Buccaneer Commission, Inc.
( "Commission ") for 2013 Buccaneer Days Festival and related
activities to allow use of City property including areas bounded by
Kinney Street, North Shoreline, South Shoreline, and Park Avenue,
including adjacent parking lots, during April 22, 2013 through May 8,
2013; use of parking lot north of former Memorial Coliseum site from
April 10, 2013 through April 16, 2013 provide for Commission paying
fees for City services in amount not to exceed $33,000.00.
Mayor Pro Tern Allen referred to Item No. 39. Mike Morris, Director of Parks &
Recreation stated that this item is for a lease agreement for Buc Days Festival
and to allow use of City property. Mayor Pro Tern Allen asked for comments
from the public. Abel Alonzo spoke. in support of this itern and thanked them
for their work with the disabled community.
The foregoing ordinance was passed and approved on first reading with the
following vote:
Aye: 7- Council Member Leal, Council Member Loeb, Council Member Scott,
Council Member Magill, Council Member McIntyre, Council Member
Riojas and Council Member Garza
Absent. 2 - Council MemberAllen and Mayor Martinez
Abstained: 0
O. FUTURE AGENDA ITEMS: ITEM 40
Mayor Pro Tern Allen referred to the Future Agenda, Item No. 40 and stated that
these item(s) are informational purposes only and that no action or public
comment would be taken. There was no presentation on the item.
40. Professional services contract for park improvements at Parker
Park located on the corner of Waldron Road and Graham Road
Motion authorizing the City Manager, or designee, to execute a
Contract for Professional Services with CLK Architects & Associates,
Inc. of Corpus Christi, Texas in the amount of $63,940.00, for
Community Park Development and Improvements - Parker Park for
design, bid, and construction phase services BOND ISSUE 2012_
This Motion was recommended by Staff to the Consent Agenda.
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P. LEGISLATIVE UPDATE:
Mayor Pro Tern Allen referred to the Legislative Update item. Mr. Olson
provided an update on the following items: 1) Texas Windstorm Insurance
Association, 2) Senate Bill 102 and Senate Bill 144 regarding the Appraisal Cap,
3) Resolution in support of Unmanned Aircraft by Representative Hunter, and
4) the Choke Canyon Validation Act.
Council Member Scott asked for update on Senate Bill 19, a mitigation bill
associated with Windstorm.
Q. BRIEFINGS TO CITY COUNCIL: (ITEMS 41 - 42)
41. Animal Care Division
Mayor Pro Tem Allen referred to Item No. 41, Animal Care Division. Floyd
Simpson, Police Chief and Todd Green, Commander, Police Department
provided an update of the initiatives and improvements at the animal care
facility; discussed the adoption rate for 2012; new equipment and uniforms;
and improvements. in the future.
42. Fiscal Year 2012 Comprehensive Annual Financial Report (CAFR)
Mayor Pro Tern Allen referred to Item No. 42, Fiscal Year 2012 Comprehensive
Annual Financial Report (CAFR). Constance Sanchez, Director of Finance
provided a briefing of the CAFR and stated that the Local Government Code
requires the CAFR to be filed in the City Secretary's Office within 180 days of 6
months after the last day of the fiscal year, and it was filed timely. Ms. Sanchez
referred to the Management's Discussion and Analysis - summary of the
activity for the fiscal year; Statement of Net Assets - the City's balance sheet
and includes all city funds; the Statement of Activities - the City's income
statement. She then reported on the results for Fiscal Year 2012 and stated
that $65.6 million was added to net assets, sales tax increased from $9 million
from the prior year, hotel occupancy tax increased $1.3 million, $3.3 million of
added revenue and savings due to a full year of recycling, and a decrease of
$15 million of net expenses among all funds.
R. CITY MANAGER'S COMMENTS:
* Update on City Operations
Mayor Pro Tern Allen referred to City Manager Comments. Mr. Olson reported
on the following: 1) recognized the Police Department for the re- accreditation
they received from the Commission on Accreditation for Law Enforcement
Agency. He stated that the Police department was initially accredited in 2009
and that the city of Corpus Christi is 1 of 32 cities in the State of Texas with
this accreditation; 2) reported that the City's Park & Recreation department was
recognized by the Texas Recreation and Parks Society in the following three
areas: Artesian Park Lonestar Legacy Award, 2012 Summer Games, and
maintenance efforts on Gulf Beach programs; 3) staff is working on posting
on the City website the Street Maintenance Fee issue and launched live this
afternoon, and includes a link on the front page of the city's website; 4)
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reported that the Mayor's Blue Ribbon Committee held their Kickoff Meeting
and is working at water supplies, desalinization and other issues impacting the
water resources for our city; 5) Solid Waste Competitive Review has been
completed and scheduled an update to Council at the next Workshop Meeting
on the findings and the improvement plan, 6) the Facility Review has also
been completed and schedule an update to the council on the findings, 7)
reported that Chief Simpson organized a Motorcycle Ride for city employees
and was an opportunity to build friendships, 8) and reported that his 7th 900
days will be completed on April 2 and stated most of the items have been
completed and progress on all of items, except for one item. The 8th 100 days
with a new set of goals will begin on April 3rd.
In regards to the Mayor's Blue Ribbon Committee, Council Member Scott
requested that the Council be provided copies of documents distributed to the
committee on water issues.
S. ADJOURNMENT
There being no further business to come before the Council, Mayor Pro Tern
Allen adjourned the meeting at 4:15 pm.
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