HomeMy WebLinkAboutMinutes City Council - 04/09/2013HEREBY CERTIFY that the foregoing is a true and correct copy of the minutes of the
Regular Meeting of the Corpus Christi City Council of April 9, 2013 which were approved by the City
Council on April 23, 2013.
W ITNESSETH MY HAND AND SEAL, on this the 23rd day of April, 2013.
Armando Chapa
City Secretary
SEAL
INDEXED
1201 Leopard Street
Corpus Christi, TX 78401
cctexas.com
Tuesday, April 4, 2013
11:30 AM
Council Chambers
A. CALL MEETING TO ORDER.
Mayor Martinez called the meeting to order at 11:30 am.
B. INVOCATION.
The invocation was delivered by Pastor Kenneth Mutchler, Immanuel
Fellowship Church.
C. PLEDGE OF ALLEGIANCE.
The Pledge of Allegiance was led by Mr. Dan Biles, Director of Engineering.
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. 9- Council Member Kelley Allen, Council Member Priscilla Leal, Council
Member David Loeb,Mayor Nelda Martinez,Council Member Mark
Scott,Council Member Chad Magill,Council Member Colleen
McIntyre, Council Member Lillian Riojas, and Council Member Rudy Garza
E. Proclamations 1 Commendations
1. Proclamation declaring April 21, 2013 as "MADD Powertalk 21 Day"
Proclamation declaring April 2013 as "Fair Housing Month"
Proclamation declaring April 9, 2013 as "Mayors Day of Recognition
for National Service"
Proclamation declaring April 7.14, 2013 as "National Days of
Remembrance"
Proclamation delcaring April 14 -20, 2013 as "National Public Safety
Telecommunications Week"
Certificate of Commendation presented to Tom Curlee
Mirador Retirement Community and Foundation Check Presentation to
the City of Corpus Christi Senior Companion Program and Meals on
Wheels Program
City Manager's "At Your Service" Award
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This Proclamations were read and presented.
F. PUBLIC COMMENT.
Mayor Martinez referred to the Public Comment section. Susie Saldana spoke
of the condition in streets between the Westside and Southside and also asked
for removal of the cap; Mary Lou Huffman spoke in opposition of the street
maintenance fee; Wilson Wakefield spoke in opposition of the street
maintenance fee; Jack Gordy spoke of an open records request he submitted
regarding the legality of a fee for signs on bus benches; Joan Veith asked that
citizens be respectful of the Mayor and Council Members; Jerry Garcia spoke
of the poor condition of the streets in the westside; Abel Alonzo thanked the
volunteers that were recognized during Proclamations, commented on the
disparity study by the Human Relations Commission, and spoke of
representation for the westside; Dr. Nick Adame asked for equality for the
street maintenance fee and that certain entities not be exempt; Terry Mills
spoke of support of Dr. Adame's comments, Jacqueline Robinson spoke
regarding Item No. 14 on today's agenda and spoke of waterborne diseases
and spoke in support of annual inspections for residential irrigation systems;
Buck Robinson also spoke in regards to Item No. 14 on today's agenda and in
support of annual inspections for residential irrigation systems; and Ted
McKinney asked that certain entities not be exempted from the street
maintenance fee.
G. EXECUTIVE SESSION: (ITEMS 2 -3)
Mayor Martinez read Executive Session Item Nos. 2 and 3. The council went
into executive session. The council returned from executive session.
2. Executive session pursuant to Section 551.087 of the Texas
Government Code to deliberate regarding confidential commercial or
financial information received from voestalpine, a business prospect
that the City Council seeks to have locate, stay, or expand near the
territory of the City and with which the City is conducting economic
development negotiations and to deliberate possible offers of financial
or other incentives to said business prospect, with possible discussion
and action in open session.
Mayor Martinez opened discussion on Item No. 2. Council Member Loeb made
a motion to schedule the 380 Agreement with voestalpine for a formal vote at
the next business council meeting in two weeks, seconded by Council Member
Scott.
Roland Radhuber, Company Secretary, voestalpine and Roland Mower, Corpus
Christi Regional Economic Development Corporation provided a brief overview
of the project and stated that there were 5 entities involved in this project, the
Pont of Corpus Christi, San Patricio County, San Patricio Drainage District,
Gregory Portland Independent School District, and the City of Corpus Christi.
Council Members spoke in support of the voestalpine project.
Mayor Martinez asked for comments from the audience: Abel Alonzo spoke in
support of the project.
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City Secretary Chapa stated that Council Member Magill filed a conflict
disclosure statement and would be abstaining on this item. The foregoing
motion was passed and approved with the following vote:
Aye: 8 - Council MemberAllen, Council Member Leal, Council Member Loeb,
Mayor Martinez, Council Member Scott, Council Member McIntyre,
Council Member Riojas and Council Member Garza
Abstained: 1 - Council Member Magill
Enactment No: M2013 -063
3. Executive session pursuant to Section 551.071(1)(A) of the Texas
Government Code for consultation with attorneys about pending or
contemplated litigation regarding a City park, with possible discussion
and action in open session.
This Executive Session item was discussed and no action was taken.
H. MINUTES:
4. Approval of Meeting Minutes - Regular Meetings of March 19, 2013
and March 26, 2013.
A motion was made by Council Member Leal, seconded by Council Member
Mclntrye to approve the minutes as presented and passed.
BOARDS & COMMITTEE APPOINTMENTS:
5. Clean City Advisory Committee
Coastal Bend Council of Governments
Community Youth Development (78415) Program Steering Committee
Corpus Christi Downtown Management District
Transportation Advisory Committee
The following appointments and reappointments were made to the City's
boards and commissions:
Clean City Advisory Committee: Realignment - Kimberly Brumley (Educator),
New Appointment - Beth Becerra (At Large)
Coastal Bend Council of Governments: Reappointment - Mayor Nelda
Martinez, Council Member David Loeb, Council Member Colleen McIntyre,
Council Member Mark Scott, Ron Olson, Tom Tag[iabue, Richie Quintero, Oscar
Martinez and Bill Hennings; Alternates -Armando Chapa, Pat Eldridge, Margie
Rose and Lawrence Mikolajczyk
Community Youth Development (78415) Program Steering Committee:
Reappointment - Belinda Barrera, Jean Marie Giegerich, Cookie Silverman, and
Norma Solis (78415); New Appointments - Santiago Hernandez (78415) and
Stephanie Knox
Corpus Christi Downtown Management District: New Appointment - Michael
Richline (Corporate Property Owner)
Transportation Advisory Committee: Reappointment - Robert Jacobi
Enactment No:
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K. CONSENT AGENDA: (ITEMS 6 -16)
Mayor Martinez referred to the Consent Agenda, Items 6 - 16. The following
item was pulled for individual consideration, Item No. 14. The remaining items
were approved by one vote:
6. Professional services contract for park improvements at Parker
Park located on the corner of Waldron Road and Graham Road
(Bond Issue 2012)
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.
The foregoing motion was passed and approved with the following vote:
Aye: 8- Council Member Allen, Council Member Leal, Council Member Loeb,
Mayor Martinez, Council Member Magill, Council Member McIntyre,
.Council Member Riojas and Council Member Garza
Absent: 1 - Council Member Scott
Abstained: 0
Enactment No: M2013 -064
7. Second 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. (1st Reading 3126/13)
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 313, located
between State Highway 361 and the Gulf of Mexico, approximately
one -half mile north of Sea Way Drive.
Planning Commission 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.
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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 313, 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.
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,
Mayor Martinez, Council Member Magill, Council Member McIntyre,
Council Member Riojas and Council Member Garza
Absent: 1 - Council Member Scott
Abstained: 0
Enactment No: 029784
8. Second 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.$.- Highway 77 and at the east end
of County Road 52. (1st Reading 3126113)
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 properly is described as being an 18.47 -acre tract of
land out of the Gregorio Farias Grant, Abstract 592, located east of
U.S. Highway 77 (Interstate Highway 69) and at the east end of
County Road 52.
Planninq Commission and Staff Recommendation (February„ 13,
20131:
Approval of the change of zoning from the "CG -2" General
Commercial District to the "IL" 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.
The foregoing ordinance was passed and approved on second reading with the
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following vote:
Aye: a- Council Member Allen, Council Member Leal, Council Member Loeb,
Mayor Martinez, Council Member Magill, Council Member McIntyre,
Council Member Riojas and Council Member Garza
Absent: 1 - Council Member Scott
Abstained: 0
Enactment No: 029785
9. Second 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 (1st Reading 3126113)
Case No. 0812.02 N. P. Homes, L.L.C. A change of zoning from the
"CG -2" General Commercial District to the "CG -2 /PUD" 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).
Planning Commission and Staff Recommendation (February 13.
2013):
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.
The foregoing ordinance was passed and approved on second reading with the
following vote:
Aye: 8 - Council MemberAllen, Council Member Leal, Council Member Loeb,
Mayor Martinez, Council Member Magill, Council Member McIntyre,
Council Member Riojas and Council Member Garza
Absent: 1 - Council Member Scott
Abstained: 0
Enactment No: 029788
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10. Second 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
(1st Reading 3126113)
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.
Planning Commission_ and Staff Recommendation (February 27,
2013):
Approval of the change of zoning from the "CR -1" Resort Commercial
District to the "Cl" Intensive Commercial District.
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 "CRA" 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.
The foregoing ordinance was passed and approved on second reading with the
following vote:
Aye: 8 - Council MemberAllen, Council Member Leal, Council Member Loeb,
Mayor Martinez, Council Member Magill, Council Member McIntyre,
Council Member Riojas and Council Member Garza
Absent: 1 - Council Member Scott
Abstained: o
Enactment No: 029787
11. Second 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 (1st Reading 3126113)
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 Past, located along the south side
of Wooldridge Road and approximately 510 feet east of Quebec Drive.
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Planning Commission and Staff Recommendation (February 27,
2013):
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"
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.
The foregoing ordinance was passed and approved on second reading with the
following vote:
Aye: 8 - Council MemberAllen, Council Member Leal, Council Member Loeb,
Mayor Martinez, Council Member Magill, Council Member McIntyre,
Council Member Riojas and Council Member Garza
Absent: 1 - Council Member Scott
Abstained: 0
Enactment No: 029788
12. Second Reading Ordinance -Accepting and appropriating a
federal grant to support a state initiative to combat narcotics
trafficking and related crimes (1st Reading 3126/13)
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
Officers, and 4 lease vehicles; and appropriating the $82,003 in the
No. 1061 Police Grants Fund.
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,
Mayor Martinez, Council Member Magill, Council Member McIntyre,
Council Member Riojas and Council Member Garza
Absent: 1 - Council Member Scott
Abstained: 0
Enactment No: 029789
13. Second Reading Ordinance - Accepting and appropriating a State
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grant for border security (1st Reading 3126113)
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.
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,
Mayor Martinez, Council Member Magill, Council Member McIntyre,
Council Member Riojas and Council Member Garza
Absent: 1 - Council Member Scott
Abstained: 0
Enactment No: 029790
14. Second 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 (1st Reading 3126113)
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
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.
The foregoing ordinance was passed and approved on second reading with the
following vote:
Aye: 6- Council Member Allen, Council Member Loeb, Council Member Scott,
Council Member Magill, Council Member McIntyre and Council Member
Riojas
Nay: 3- Council Member Leal, Mayor Martinez and Council Member Garza
Abstained: 0
Enactment No: 029791
15. Second Reading Ordinance - Agreement authorizing the use of
property adjacent to Whitecap Wastewater Treatment Plant for
staging a fireworks display (1st Reading 3126113)
Ordinance authorizing the City Manager or designee to execute an
agreement with Jerry Watkins to use a portion of the property adjacent
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to Whitecap Wastewater Treatment Plant in 13400 block of Whitecap
Blvd, for staging a fireworks display on July 4, 2013.
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,
Mayor Martinez, Council Member Magill, Council Member McIntyre,
Council Member Riojas and Council Member Garza
Nay: 1 - Council Member Scott
Abstained: 0
Enactment No: 029792
16. Second Reading Ordinance - To approve date, location, and
admission fees and consideration for the 2013 Buccaneer Days
Festival and related activities (1st Reading 3126113)
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.
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,
Mayor Martinez, Council Member Magill, Council Member McIntyre,
Council Member Riojas and Council Member Garza
Absent: 1 - Council Member Scott
Abstained: 0
Enactment No: 029793
L. PUBLIC HEARINGS: ITEMS 17 - 19
17. Public Hearing and First Reading Ordinance -A change of zoning
from the "RS -6" Single - Family 6 District to the "CGZ' General
Commercial District on Tract 1 and the "CN -1" Neighborhood
Commercial District on Tract 2, on property located at 6810 South
Staples Street.
Case No. 0313 -02 HEB Grocery Company, LP A change of zoning
from the "RS -6" Single- Family 6 District to the "CG -2" General
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Commercial District on 15.73 acres (Tract 1) and to the "CN -1"
Neighborhood Commercial District on 5.48 acres (Tract 2), resulting in
a change of future land use from low density residential and medium
density residential to commercial. The property to be rezoned is
described as being a 21.21 -acre tract of land out of Lots 17 and 18,
Section 11, Flour Bluff and Encinal Farm and Garden Tracts, located
on the southeast corner of Timbergate Drive and South Staples Street
(FM 2444).
Planninq Commission and Staff Recommendation (March 13, 2013):
Approval of the change of zoning from the "RS -6" Single - Family 6
District to the "CG -2" General Commercial District on Tract 1 and the
"CN -1" Neighborhood Commercial District on Tract 2.
Ordinance
Ordinance amending the Unified Development Code ( "UDC ") upon
application by HEB Grocery Company, LP ( "Owner "), by changing the
UDC Zoning Map in reference to a 21.21 -acre tract of land out of Lots
17 and 18, Section 11, Flour Bluff and Encinal Farm and Garden
,.Tracts, from the "RS -6" Single - Family 6 District to the "CG -2" General
Commercial District on Tract 1 and the "CN -1" Neighborhood
Commercial District on Tract 2; amending the Comprehensive Plan to
account for any deviations; and providing for a repealer clause and
publication.
Mayor Martinez referred to Item No. 17. Mark Van Vleck, Director of
Development Services stated that the purpose of this zoning request is to
allow for commercial and multifamily development. He stated that the
Planning Commission and Staff recommend approval of the zoning change. A
motion was made by Council Member Scott, seconded by Council Member Leal
to open the public hearing and passed. Then: were no comments from the
audience. A motion was made by Council Member Leal, seconded by Council
Member Loeb to close the public hearing and passed.
The foregoing ordinance was passed and approved on first reading with the
following vote:
Aye: 9 - Council Member Allen, Council Member Leal, Council Member Loeb,
Mayor Martinez, Council Member Scott, Council Member Magill, Council
Member McIntyre, Council Member Riojas and Council Member Garza
Abstained: 0
18. Public Hearing and First Reading Ordinance - A request for a
Special Permit Time Extension for an additional 12 months, on
property located at 2217 Flour Bluff Drive.
Case No. 0711 -02 Sigifredo Montemayor A request for a Special
Permit Time.Extension for an additional 12 months. The property to be
rezoned is described as Flour Heights, Block 1, Lot 22, located along
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the east side of Flour Bluff Drive approximately 350 feet north of
Purdue Road.
Planning Commission and Staff Recommendation (March 13, 2012)
Approval of the requested Special Permit time extension for an
additional 12 months.
Ordinance
Ordinance amending Ordinance No. 029355, upon application by
Sigifredo Montemayor, acting as custodian agent on behalf of Edward
Montemayor and Mearary Iveth Montemayor ( "Owners "), by adding a
12 -month time extension to the special permit time limit initially
approved; amending the Comprehensive Plan to account for any
deviations; and providing for a repealer clause and publication.
Mayor Martinez referred to Item No. 18. Mark Van Vleck, Director of
Development Services stated that this is to grant a twelvemonth time
extension for a Special Permit to allow the applicant to construct a storage
warehouse. He stated that the Planning Commission and Staff recommend
approval of the time extension. A motion was made by Council Member Scott,
seconded by Council Member Loeb 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 Loeb 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,
Mayor Martinez, Council Member Scott, Council Member Magill, Council
Member Riolas and Council Member Garza
Absent. 1 - Council Member McIntyre
Abstained: 0
19. Public Hearing and First Reading Ordinance - A change of zoning
from the "RS -6" Single - Family 6 District to the "RS- 61PUD°
Single- Family 6 District with a Planned Unit Development Overlay,
on property located at 4310 Walton Place.
Case No. 0712 -01 Garron Dean: A change of zoning from the "RS -6"
Single - Family 6 District to the "RS- 61PUD " Single- Family 6 District with
a Planned Unit Development Overlay, resulting in a change of land
use from low density residential to medium density residential. The
property to be rezoned is described as Lot 8, Block 3, Alameda
Estates, located on the north side of Walton Place and east of Robert
Drive.
Planning Commission and Staff Recommendation (August 29 2012):
Approval of the change of zoning from a "RS -6" Single - Family 6
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District to a "RS- 61PUD" Single - Family 6 District with a Planned Unit
Development Overlay, subject to 12 conditions.
Ordinance
Ordinance amending the Unified Development Code ( "UDC') upon
application by Garron Dean, acting as agent on behalf of James
Michael Tubbs, Donna Marie Baugh, acting as administrator for the
estate of Jerry Robert Baugh, Jr., and Gertrude Baugh ( "Owners "), by
changing the UDC Zoning Map in reference to Lot 8, Block 3, Alameda
Estates, from the "RS -6" Single - Family 6 District to an "RS- 61PUD"
Single- Family 6 District with a Planned Unit Development Overlay;
amending the Comprehensive Plan to account for any deviations; and
providing for a repealer clause, and publication.
City Manager Olson announced that the Applicant submitted a letter
withdrawing the zoning request.
M. REGULAR AGENDA: {ITEM 20)
20. Professional services contract for database survey to collect data
for street maintenance fee
. ;..Motion authorizing the City Manager or designee to exec!.ite 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 $202,500_
Mayor Martinez referred to Item No. 20. Oscar Martinez, Assistant City
Manager stated that the purpose of this item is to conduct a land use survey of
the non - residential properties within the City to identify land use to be used in
assigning trip factors for the Street Maintenance Fee. Mr. Martinez added that
this item was originally at a cost of $270,000 to be completed with 30 days, but
that with the additional support of city staff to work with the contractor the
cost is $202,500.
Mayor Martinez asked for comments from the public. Johnny French stated
that the current database is not current, and stated that he supports a form
survey allowing businesses to complete and submit to the City; Pat Veteto
spoke in support of the street maintenance fee; Foster Edwards thanked staff
for working with the Chamber of Commerce in regards to the street
maintenance fee, spoke in favor of the proposal and announced that the
Chamber is hosting a meeting on Thursday, April 11th at 8:30 am to discuss
the street maintenance fee; and Abel Alonzo spoke in support of approving the
contract for the land use survey and thanked Mr. Oscar Martinez for all his
work on this project.
Mr. Martinez stated that the timeline for the Street Maintenance Fee is to
complete the database survey in 30 days, and the street maintenance fee in
approximately 6 to 8 weeks.
Mayor Martinez announced that she is appointing a Street Maintenance Task
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Force comprised of the following four council members: Colleen McIntyre,
Rudy Garza, Chad Magill, and David Loeb. She designated Rudy Garza as the
Chair. Council Member Scott asked about the direction for the Task Force, and
suggested discussing at the Workshop Meeting scheduled for next Tuesday,
April. 16th.
Mr. Olson stated that the agreement states a "not to exceed" amount and that
based on the magnitude of work the cost may be under the contract amount.
He also stated that the intent is to conduct a full range of trip factors, and
further debate the cap or no cap. Mr. Olson also added that the ordinance will
include an index of trip factors for the council's approval.
The foregoing motion was ; passed and approved with the following vote:
Aye: 8- Council Member Allen, Council Member Loeb, Mayor Martinez, Council
Member Scott, Council Member Magill, Council Member McIntyre, Council
Member Riojas and Council Member Garza
Nay: 1 - Council Member Leal
Abstained: 0
Enactment No: M2013 -065
N. FIRST READING ORDINANCES: (ITEMS 21 - 22) F
21. First Reading Ordinance - Approval of Type A grant for federal
grant application to locate an Unmanned Aerial Systems test
range in the City; amending the budget, and appropriating the
funds.
Ordinance approving a Business Incentive Agreement between the
Corpus Christi Business and Job Development Corporation ( " Type A
Corporation ") and Texas A &M University- Corpus Christi ( "TAMU -CC ")
to provide a grant of up to $600,000 for an application to the Federal
Aviation Administration (FAA) to locate an Unmanned Aerial Systems
(UAS) test range in Corpus Christi, Texas, and authorizing the City
Manager, or designee, to execute a Business Incentive Project
Support Agreement with the Type A Corporation regarding
implementation and administration of the TAMU -CC Business
Incentive Agreement; amending the budget to allow for this funding of
up to $600,000 from the Unreserved Fund balance in the No. 1140
Business /Job Development Fund and appropriating up to $600,000 to
the Unreserved Fund Balance in the No. 1140 Business /Job
Development Fund.
The foregoing ordinance was passed and approved on first reading with the
following vote:
Aye: 9 - Council MemberAllen, Council Member Leal, Council Member Loeb,
Mayor Martinez, Council Member Scott, Council Member Magill, Council
Member McIntyre, Council Member Riojas and Council Member Garza
Abstained: 0
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22. First Reading Ordinance - Construction contract for Saluki Street
rehabilitation; amending capital improvement budget to add
project and account for expenditures.
Ordinance amending the FY 2013 Capital Improvement Budget
adopted by Ordinance No. 029565 to add Project No. E12053 Saluki
Street Rehabilitation Project; increasing expenditures in the amount of
$60,000; and executing a construction contract with J. Carroll Weaver,
Inca of Sinton, Texas in the amount of $192,479.50 for the Base Bid of
Saluki Street Rehabilitation Project.
The foregoing ordinance was passed and approved on first reading with the
following vote:
Aye: 9 - Council MemberAllen, Council Member Leal, Council Member Loeb,
Mayor Martinez, Council Member Scott, Council Member Magill, Council
Member McIntyre, Council Member Riojas and Council Member Garza
Abstained: 0
O. FUTURE AGENDA ITEM ITEMS 23 - 34
Mayor Martinez referred to the Future Agenda, Items 23 through 35 and stated
that these items are for informational purposes only and that no action or
public comment would be taken. Staff provided a presentation on Items 32 and
35.
23. Lease Purchase of a pneumatic roller for street repair projects
Motion approving the lease purchase of one (1) Caterpillar Pneumatic
Roller from Holt Cat Machinery, Corpus Christi, TX for a total amount
of $112,183.00. 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. This unit is a
replacement to the fleet. Funds for the lease purchase of the roller will
be provided by the City's lease purchase financing program.
This Motion was recommended by Staff to the Consent Agenda_
24. Service.agreement for the printing, processing and mailing of
utility bills
Motion awarding a service agreement with QuestMark Information
Management Inc., of Houston Texas, to provide printing, processing
and mailing of utility bill services, based on lowest responsible bid, for
an estimated three year expenditure of $307,905.84 of which
$25,658.82 is required for the remainder of this fiscal year. The term
of the contract will be for thirty -six months, with two, twelve month
automatic extensions. Funding is available in the Utility Business
Office Operations Budget of the Finance Department for fiscal year
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12113.
This Motion was recommended by Staff to the Consent Agenda.
25. Supply agreement for lease of computers for City use
Motion approving a supply agreement with Dell Financial Services,
Round Rock, Texas for lease of approximately 400 desktop
computers, 200 laptop computers, 44 servers, and other computer
peripherals and related products in accordance with the State of Texas
cooperative purchasing program and the City's Master Lease
Agreement No. 6656492 for can estimated expenditure of
$1,011,500.93. The term of the contract will be for twelve months with
an option to extend for up to three additional twelve month periods
subject to the approval of the supplier and the City Manager or
designee. Funds have been budgeted by the using departments in FY
2012 -13.
This Motion was recommended by Staff to the Consent Agenda.
25.. Supply agreement for chemicals to be `used for odor control at
wastewater treatment facilities
Motion approving a supply agreement with Pencco, Inc., San Felipe,
Texas for approximately 300,000 gallons of ferrous sulfate in
accordance with Bid Invitation No. BI- 0124 -13 based on lowest
responsible bid for an estimated twelve month expenditure of
$308,200 of which $102,733.33 is required for FY 2012- 2013.The
term of the supply agreement will be for twelve months with an option
to extend for up to two additional twelve -month periods subject to the
approval of the supplier and the City Manager or designee. Funds are
available in the Wastewater Operations Budget in FY2012 -2013.
This Motion was recommended by Staff to the Consent Agenda.
27. Supply agreement for office supplies, equipment and furniture
Motion approving a supply agreement with Gateway Printing and
Office Supply, Inc., Corpus Christi, TX for office supplies, equipment
and furniture, based on lowest local bid, in accordance with Bid
Invitation No. B1- 0245 -12, for an estimated annual expenditure of
$549,737.29, of which $137,434.32 is required for the remainder of FY
2012 -2013. The term of the agreement will be for one year with an
option to extend for up to four additional one -year periods subject to
the approval of the supplier and the City Manager or designee. Funds
have been budgeted by using departments in FY 2012 -2013.
This Motion was recommended by Staff to the Consent Agenda.
28. Engineering design contract amendment no. 4 for Citywide
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Hydraulic Model - Sanitary Sewer Overflow Initiative
Motion authorizing the City Manager, or designee, to execute
Amendment No. 4 to the Contract for Professional Services with
Pipeline Analysis, LLC, of Garland, Texas in the amount of
$179,251.00, for a restated fee not to exceed $2,342,179.00 for
Citywide Hydraulic Model Sanitary Sewer Overflow Initiative (SSOI).
This Motion was recommended by Staff to the Consent Agenda.
29. Architectural design contract for tennis center repairs and
upgrades for HEB and Al Kruse tennis centers (Bond Issue 2012)
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 $204,700.00, for Tennis
Center Repairs and Upgrades - HEB and Al Kruse, for design, bid,
and construction phase services BOND ISSUE 2012.
This Motion was recommended by Staff to the Consent Agenda.
30. Engineering design contract for park development and
improvements at Bill Witt/Oso Creek Park (Bond Issue 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 $156,780.00, for Community
Park Development and Improvements for design, bid, and
construction phase services BOND ISSUE 2012.
This Motion was recommended by Staff to the Consent Agenda.
31. Agreement for temporary tax abatement for the development
located in the 800 block of Carancahua Street
Resolution authorizing the execution of an agreement with 164
Corpus, Ltd. (Bay Vista Il Apartments) providing for temporary property
tax abatement.
This Motion was recommended by Staff to the Consent Agenda.
32. Chapter 380 Agreement for development of an iron and steel
facility
Resolution authorizing the City Manager or designee to execute a
Chapter 380 Economic Development Incentive Agreement with
voestalpine Texas LLC ( "Agreement ") for certain economic
development grants for development of an iron and steel facility within
the City's extraterritorial jurisdiction and for construction of docks
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potentially within the Corpus Christi city limits for the benefit of the
City.
This Motion was recommended by Staff to the Consent Agenda.
33. Interlocal agreement for oil spill training and equipment storage
at the marina
Resolution authorizing the City Manager or designee to execute an
Interlocal Agreement with Texas A &M University - Corpus Christi
regarding Corpus Christi Marina operations
This Motion was recommended by Staff to the Consent Agenda.
34. Resolution requesting State legislation allowing local
governments the option to generate revenue for street repair and
maintenance with additional financing tools
Resolution encouraging the 83rd Texas Legislature to enact legislation
authorizing municipalities to generate revenue to fund street repair
and maintenance, through local option vehicle registration fees,
gasoline taxes or other mechanism. ,
This Motion was recommended by Staff to the Consent Agenda.
P. FUTURE PUBLIC HEARING: (ITEM 35)
35. Public Hearing and Resolution adopting the 5 Year Consolidated
Action Plan for housing and homeless needs
Resolution adopting the fiscal year (FY) 2013- FY2017 5 Year
Consolidated Action Plan (PLAN) which includes the Community
Development Block Grant (CDBG), the Emergency Solutions Grant
(ESG), and the HOME Investment Partnerships Programs (HOME);
authorizing the City Manager or designee to submit the
FY2013- FY2017 PLAN to the U.S. Department of Housing and Urban
Development (HUD); and authorizing the City Manager or designee to
make changes to the FY2013- FY2017 PLAN if required by HUD.
This Resolution was recommended by Staff to Public Hearing.
Q. LEGISLATIVE UPDATE:
Mr. Tom Tagliabue, Director of Intergoven mental Relations provided a brief
update on the 83rd Legislative Session and referred to a handout listing the
priorities that have been adopted between October and January. Mr. Taglibue
stated that the council's top priorities wee making good progress, windstorm
and transportation funding.
Council Member Scott inquired about House Bills 605 and 1832. Mr. Tagliabue
suggested sending a letter on behalf of the Council encouraging the delegation
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to pass the substitute for HB 1832.
R. BRIEFINGS TO CITY COUNCIL: (ITEMS 36 - 37)
36. Regional Health Awareness Board Briefing
Mayor Martinez referred to Item No. 36, Regional Health Awareness Board
Briefing. James Mobley, MD, Chairman, Regional Health Awareness Board
stated that the board represents the City of Corpus Christi, San Patricio County
and Nueces County and their mission is to ensure that opportunities exist for
quality dialogue by citizens of the Coastal Bend on the issues impacting
health, safety, environment and life quality. He then discussed the history,
goals, board representatives, and projected budget. Dr. Mobley identified and
discussed the following active projects: Nueces County Birth Defects, Eagle
Ford Shale, Air Quality, Water Quality, Encycle Facility, and Ballard and Brine
Services Sand Pits Superfund sites. Dr. Mobley added the Board will be
recommending adding two additional members to represent Rangel College
and the Education Service Center.
37. Corpus Christi Convention and Visitor's Bureau Quarterly
Briefing
Mayor Martinez referred to item No. 37, Corpus Christi Convention and Visitor's
Bureau Quarterly Briefing. Mr. Keith Arnold, CEO, Convention & Visitor's
Bureau discussed the HOT collections, overall occupancy, and convention and
event sales. He then reported on the conventions in Corpus Christi - Mustang
Feat, Bike Feat and Skills USA. Mr. Arnold provided an update on the Leisure
and Nature Tourism Stay and Play Attraction savings pass, Interactive
Marketing, Traditional Advertising, projected budgets, and economic impact
study highlights. Mr. Arnold invited the Council to the 2013 Annual Luncheon
on May 8, 2013.
S. CITY MANAGER'S COMMENTS:
* Update on City Operations
City Manager Olson announced that the Human Resources department has
played a key role in cost savings to the City through the following employee
benefit strategies: 1) retirees were shifted into a Medicare Advantage Plan
thereby reducing liability by $14 million; 2) consolidating group life and
disability insurance under one vendor resulting in a savings of $867,000; 3)
Human Resources recently conducted a dependent audit of the city's health
plans resulting in a cost avoidance of $1.1 million; 4) the City Employee
Wellness Onsite Clinic has resulted in an estimated cost savings of $1.84
million since opening in March 2011, and plans to add a second clinic at
another City office; and 5) discuss future initiatives - create Fitness Center, and
a smoking cessation program.
T. ADJOURNMENT
There being no further business to come before the Council, Mayor Martinez
declared the meeting adjourned at 4:45 pm.
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