HomeMy WebLinkAboutMinutes City Council - 06/25/2013 I HEREBY CERTIFY that the foregoing is a true and correct copy of the minutes of the
Regular Meeting of the Corpus Christi City Council of June 25, 2013 which were approved by the
City Council on July 9, 2013.
WITNESSETH MY HAND AND SEAL, on this the 9th day of July, 2013.
Armando Chapa
City Secretary
SEAL
C01'nUS Chl"IStI 1201 Leopard Street
P Corpus Christi,TX 78401
cctexas.com
Meeting Minutes - Final
City Council
Tuesday,June 25,2013 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 Linda Morrow,St.Peter's by the Sea
United Methodist Church.
C. PLEDGE OF ALLEGIANCE.
The Pledge of Allegiance was led by Ron Olson,City Manager.
D. ROLL CALL.
City Secretary Chapa verified that the necessary quorum of the Council and the
required Charter Officers were present to conduct the meeting.
Charter Officers: City Mangaer 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,Councii Member Colleen
Mcintyre,Council Member Lillian Riojas,and Council Member Rudy Garza
E. Proclamations 1 Commendations
7. Proclamation declaring July 4, 2013 as "July 4th Big Bang Celebration
2013"
Swearing-in ceremony for newly appointed Board, Commission and
Committee Members
Mayor Martinez read and presented the Proclamation and conducted a
swearing-in ceremony of newly appointed board and commission members.
H. EXECUTIVE SESSION: (NONE)
G. CITY MANAGER'S COMMENTS 1 UPDATE ON CITY OPERATIONS:
I. MINUTES:
Corpus Christi Page? Printed on 71212013
City Council Meeting Minutes-Final June 25,2013
2. Approval of Meeting Minutes-Workshop Meeting of June 4, 2013 and
Regular Meeting of June 11, 2013.
A motion was made by Council Member Magill,seconded by Council Member
Garza to approve the minutes as presented and passed.
J. BOARDS &COMMITTEE APPOINTMENTS: (NONE)
L. CONSENT AGENDA: (ITEMS 3 -12)
Mayor Martinez referred to the Consent Agenda,Items 3 -12. Mayor Martinez
asked for comments from the public and the following citizens spoke: Trian
Serbu spoke in opposition to Item No.12 on the day's agenda related to a grant
for Sam Kane Beef Processors;Abel Alonzo spoke in support of Item No.12
and thanked the Type A board and staff for theirwork;Unidentified Citizen
stated that the street in which he resides is not maintainted by the city and will
he be required to pay the street fee. There were no comments from the
council. The items were approved by one vote:
3. Purchase and installation of Security Equipment
Motion approving the purchase and installation of sixteen (16) CCTV
cameras and an access control system from MCS Fire & Security,
Corpus Christi, Texas in accordance with the State of Texas
Cooperative Purchasing Program for a total expenditure of
$76,634.81. Funds have been budgeted by the Aviation Department in
FY 2012-2013.
The foregoing motion was passed and approved 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 Ria}as and Council Member Garza
Abstained: 0
Enactment No; M2013-103
4. Application for a Hazardous Materials Emergency Preparedness
Planning Grant
Resolution authorizing the City Manager, or designee, to submit a
grant application in the amount of$65,000 to the Texas Department of
Public Safety, Governor's Division of Emergency Management, for FY
2014 Hazardous Materials Emergency Preparedness (HMEP)grant
program to conduct a detailed hazardous materials vulnerability
assessment to increase effectiveness in safely and efficiently handling
hazardous materials accidents and incidents and to further enhance
implementation of the Emergency Planning and Community Right-to
Know Act of 1986, with a hard match of$13,000; and authorizing the
City Manager, or designee, to apply for, accept, reject, alter or
Corpus Christi Page 2 Printed on 7/2/2013
City Council Meeting Minutes-Final June 25,2013
terminate the grant.
The foregoing motion was passed and approved 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
Enactment No:029868
5. Engineering Design Contract-for emissions and odor control
improvements at the Greenwood Wastwater Treatment Plant
Motion authorizing the City Manager, or designee, to execute a
Contract for Professional Services with Coym, Rehmet& Gutierrez
Engineering, L.P. of Corpus Christi, Texas in the amount of
$85,954.00,for the Greenwood Wastewater Treatment Plant
Emissions and Odor Control Improvements.
The foregoing motion was passed and approved 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 Rojas and Council Member Garza
Abstained: 0
Enactment No: M2013-104
6. Agreement withTexas Department of Transportation (TXDOT)to
contribute Right of Way funds for highway improvements on FM
43 (Weber Road)from SH 286(Chapman Ranch Road)to
Yorktown Boulevard
Resolution authorizing the City Manager, or designee, to execute an
Agreement to Contribute Right of Way Funds with the Texas
Department of Transportation (TXDOT)for the acquisition of certain
rights of way and the relocating and adjusting of utilities within the
project's scope of FM 43 (Weber Road) from SH 286 (Chapman
Ranch Road) to Yorktown Boulevard, with the City's participation in the
amount of$5,500.
The foregoing resolution was passed and approved 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
Enactment No: 029869
7. Agreement with Texas Department of Transportation (TXDOT)to
Corpus Christ! Page 3 Printed on 71212013
City Council Meeting Minutes-Final June 25,2013
contribute Right Of Way funds for highway improvements on FM
2444 (Staples Street)from SH 286 (Chapman Ranch Road)to Oso
Parkway
Resolution authorizing the City Manager, or designee, to execute an
Agreement to Contribute Right of Way Funds with the Texas
Department of Transportation (TXDOT) for the acquisition of certain
rights of way and the relocating and adjusting of utilities within the
project's scope of FM 2444 (Staples Street) from SH 286 (Chapman
Ranch Road)to Oso Parkway, with the City's participation in the
amount of$67,000.
The foregoing resolution was passed and approved 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 Rojas and Council Member Garza
Abstained: 0
Enactment No: 029870
8. Second Reading Ordinance-Rezoning from Resort Commercial
to Multifamily with a Planned Unit Development for Townhouses
for Alex Harris, on property located at 14306 through 14334 Nemo
Court(1st Reading 6111!13)
Case No. 0513-01 Alex H. Harris:A change of zoning from the
"CR-2110" Resort Commercial District with an Island Overlay to the
"RM-11101PUD" Multifamily 1 District with an Island Overlay and a
Planned Unit Development Overlay, not resulting in a change to the
Future Land Use Plan on the property described as Lots 17-24,
Block 45, Padre Island - Corpus Christi Island Fairway Estates,
located along the east side of Nemo Court,approximately 525 feet
west of South Padre Island Drive (PR 22).
Planning Commission and Staff Recommendation Wgy 22, 2013h
Approval of the change of zoning from the"CR-2110" Resort
Commercial District with an Island Overlay to the"RM-1/IOIPUD"
Multifamily 1 District with an Island Overlay and a Planned Unit
Development Overlay, subject to 10 conditions.
Ordinance
Ordinance amending the Unified Development Code ("UDC") upon
application by Alex H. Harris, acting as agent on behalf of Williams
Airline Partners, Ltd., owner of Lots 17-21, and by Alex H. Harris,
owner of Lots 22-24, Block 45, Padre Island -Corpus Christi - Island
Fairway Estates, from the°CR-2110" Resort Commercial District with
an Island Overlay to the "RM-11101PUD" Multifamily 1 District with an
Island Overlay and a Planned Unit Development Overlay; amending
Corpus Christi Page 4 Printed on 7/2/2413
City Council Meeting Minutes-Final June 25,2013
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: 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
Enactment No:029871
9. Second Reading Ordinance- Rezoning from Estate Residential
to Low Density Residential for Kitty Hawk Development, Ltd. on
property located at 3142 South Staples Street(Tabled on 5128/13)
(1st Reading 6111113)
Case No. 0413-02 Kitty Hawk Development, Ltd.: A change of zoning
from the"RE" Residential Estate District to the "CN-1" Neighborhood
Commercial District on Tract 1, the"RE" Residential Estate District to
the"RS-15" Single-Family 15 District on Tract 2, and the"CN-1"
Neighborhood Commercial District to the "RS-15" Single-Family 15
District on Tract 3. The property is described as being a 58.969-acre
tract of land out of the south half of Section 31, Laureles Farm Tracts,
located along the south side of South Staples Street (FM 2444) and
along the east side of County Road 41.
Planning Commission and Staff Recommendation (April 24, 2013):
Approval of the change of zoning from the"RE" Residential Estate
District to the"CN-1" Neighborhood Commercial District on Tract 1,
from the'RE" Residential Estate District to the "RS-15" Single-Family
15 District on Tract 2, and from the "CN-1"Neighborhood Commercial
District to the "RS-15" Single-Family 15 District on Tract 3.
Ordinance
Ordinance amending the Unified Development Code ("UDC') upon
application by Kitty Hawk Development, Ltd. ("Owner"), by changing
the UDC Zoning Map in reference to a 58.969-acre tract of land out of
the south half of Section 31, Laureles Farm Tracts, from the "RE"
Residential Estate District to the"CN-1" Neighborhood Commercial
District on Tract 1 and to the "RS-15" Single-Family 15 District on
Tract 2, and from the "CN-1" Neighborhood Commercial District to the
"RS-15"Single-Family 15 District on Tract 3; 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:
Corpus Christi Page 5 Printed on 71212013
City Council Meeting Minutes-Final June 25,2013
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
Enactment No:029872
10. Second Reading Ordinance -Approving the Annual Audit Plan
(1st Reading 6111113)
Ordinance to approve the Annual Audit Plan for FY 2013-2014
The foregoing ordinance was passed and approved on second 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
Enactment No:029873
11. Second Reading Ordinance -Appropriating funds to reimburse
John C.and Cheryl L. Hooper for the wastewater development
fees paid in 2003 (1st Reading 6/11113)
Ordinance appropriating $5,495.10 from the No.4220 Wastewater
Trunk System Trust Fund to refund John C. and Cheryl L. Hooper
wastewater lot/acreage fees previously paid for Lot 7, Block 4, Oak
Terrace Unit 2 and authorizing the City Manager or designee to issue
payment.
The foregoing ordinance was passed and approved on second 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 Rojas and Council Member Garza
Abstained: 0
Enactment No: 029874
12. Second Reading Ordinance-Type A Grant for Sam Kane Beef
Processors, LLC(1st Reading 6/11113)
Ordinance approving a Business Incentive Agreement between the
Corpus Christi Business and Job Development Corporation ("Type A
Corporation") and Sam Kane Beef Processors, LLC ("Sam Kane")to
provide a grant of up to $3,000,000 for the retention of jobs at their
beef packing plant in the City of Corpus Christi extra territorial
jurisdiction, amending the budget to allow for this funding of up to
Corpus Christi Page 6 Printed on 71212013
City Council Meeting Minutes-Final June 25,2013
$3,000,000 from the Unreserved Fund balance in the No. 1140
Business/Job Development Fund and appropriating up to$3,000,000
to the Unreserved Fund Balance in the No. 1140 Business/Job
Development Fund.
The foregoing ordinance was passed and approved on second 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
Enactment No:029875
F. PUBLIC COMMENT
Mayor Martinez referred to Public Comment and the following citizens spoke:
Mr.Fred Segundo,Airport Director recognized Dale Morris,Intergovernmental
Affairs for American Airlines and was instrumental for bringing the large
aircraft to Corpus Christi;Mike Tracey,Manager-Corner Bakery Cafe invited
the Council to the opening on June 29th at The Shop at La Palmera;Foster
Edwards,CEO Chamber of Commerce recognized Tom Tagliabue,Director of
Intergovernmental Affairs for his hard work.
M. REGULAR AGENDA: (ITEMS 13 -20)
13. Second Reading Ordinance-Establishing a Street Maintenance
Fee (1st Reading -2126113)
Ordinance establishing a street maintenance fee to be implemented
by policies, rates, and methodologies established by separate
ordinance.
Mayor Martinez referred to Item No.13,Establishing a Street Maintenance Fee
and asked for comments from the audience.Mr.Gonzales,Owner of Taxi
Service spoke of impactthe street maintenance fee will have on his business;
Wilson Wakefield asked to look at other areas to generate revenue and to let
the voters decide;Kevin Aguilar Ferrari,Small Business Owner,stated that the
street fee will impact his business and suggested that different classes of
businesses should be billed differently and asked the Council to consider a
gas tax; Rolando Garza asked the Council to let the voters decided the street
fee in the form of an Ad Valorem Tax;Jose Marropuin stated that the voters
should decide the street fee;Trian Serbu in support of no street fee and that
voters already pay their taxes;Mary Lou Huffman spoke in honor of Ruth Gill
the first elected Councilwoman;Tony Norrell spoke about the formula used to
calculate the fee and does not support the street fee;Foster Edwards,CEO
Chamber of Commerce spoke in support of the street fee;Abel Alonzo thanked
staff for their work,street fee is necessary but asked that it be fair;Reverend
Sean Maloney,St.Bartholomew's Episcopal Church asked the Council
consider looking at a fee for churches and non-profit organizations;Mario
Lopez asked for public education on the disbursement of the fee;and Hector
Morales spoke in support of a state tax for the street fee.
Corpus Christi Page 7 Printed on 71212013
City Council Meeting Minutes-Final June 25,2013
Council Member Magill made a motion to create a ballot item for Ad Valorem
Taxes to pay for street maintenance fee,and should it fail,enact Option No.17
immediately thereafter,seconded by Council Member Garza. After clarification
by City Attorney Carlos Valdez that the item being discussed relates to
establishing the street maintenance fee,Mr.Magill amended his motion to
read, motion to put before the voters in November ballot item for Ad Valorem
funding for the street maintenance,seconded by Council Member Garza. City
Secretary Chapa polled the council for their vote and the motion failed with the
following vote: Garza,Leal and Magill voting"Aye";Alien, Loeb,Martinez,
McIntyre,Riojas,and Scott voting"No".
Mr.Oscar Martinez,Assistant City Manager informed the Council of the
following amendments to the ordinance prior to passage on second reading:
1)remove Commercial Residential Benefitted Property Designation and 2)
redefined Residential Benefitted Property Designation to include single family
residential,and multi family residential. A motion was made by Council
Member Loeb,seconded by Council Member McIntyre and passed with the
following vote: Allen,Loeb,Martinez,McIntyre,Riojas,and Scott voting"Aye";
Garza and Magill voting"No",Leal-No Vote.
City Secretary Chapa polled the council for theirvote on the ordinance on
Second Reading as amended and it passed with the following vote: Allen,
Loeb,Martinez,McIntyre,Riojas,and Scott voting "Aye";Garza,Leal and
Magill voting"No".
Aye: 6- Council Member Allen, Council Member Loeb, Mayor Martinez, Council
Member Scott, Council Member McIntyre and Council Member Riojas
Nay: 3- Council Member Leal, Council Member Magill and Council Member Garza
Abstained: 0
Enactment No: 029876
14. Second Reading Ordinance - Establishing policies,
methodologies, and rate to be charged for implementing the
Street Maintenance Fee(1st Reading 3119113)
Ordinance establishing rates, policies, and methodologies to
implement the street maintenance fee created by separate ordinance.
Mayor Martinez referred to Item No.14,Establishing policies for implementing
the Street Maintenance Fee. Mayor Martinez asked for comments from the
public and there were none. Mr.Oscar Martinez,Assistant City Manager
provided a presentation and discussed the calculation formula,land survey
results,recommended rate model,ordinances for approval and amendment
summary. Mr.Martinez stated that the projected revenue from the street
maintenance fee does not include administrative overhead,low income
discount and uncollectibles.
After council discussion,the following amendments were made:
A motion was made by Council Member McIntyre to amend Section 7,after the
4th paragraph where an individual business has multiple meters on an
individual lot or parcel that in total exceed the cap on square footage,the
Corpus Christi Page a Printed on 71212093
City Council Meeting Minutes-Final June 25,2013
director shall calculate the fee for that business as if they had a single meter.
This paragraph does not apply to properties or meters that serve multiple
businesses,seconded by Council Member Loeb and passed with the following
vote: Allen,Loeb,Martinez,McIntyre,Riojas and Scott voting "Aye";Garza,
Leal and Magill voting"No".
A motion was made by Council Member McIntyre that we adopt Option 16 and
go with the 85th percentile at trip factor cap at 5.78,and the square footage cap
at the 99th percentile when re-calculated in light of the previous motion,
seconded by Council Member Scott and passed with the following vote: Allen,
Loeb,Martinez,McIntyre,Rlojas and Scott voting"Aye";Garza,Leal and Magill
voting"No".
Mayor Martinez made a motion directing staff to get data analysis of the square
footage on non-profits and come back to Council for direction before the street
regulatory fee goes into effect,seconded by Council Member Loen and passed
with the following vote: Allen,Garza,Leal,Loeb,Magill, Martinez,McIntyre,
and Riojas voting"Aye';Scott voting"No".
A motion was made by Council Member Scott to approve the following staff
amendments; 1)remove Commercial Residential Benefitted Property
Designation,2)redefine Residential Benefitted Property Designation to
include: single family residential and multi family residential,3)Define Land
use as having 131 Categories,4)update Trip Factor Index,5)remove all
elements of an appeal process,to be adopted by separate action,6)clarified
the formula for fee calculation,7)updated rate to match recommended rate,8)
updated Trip Factor and Square Footage caps to match recommendations,9)
add an effective implementation date of January 1,2014,seconded by Council
Member Loeb and passed with the following vote: Allen,Loeb,Martinez,
McIntyre,Riojas and Scott voting"Aye";Garza and Magill voting"No";Leal-
No Vote.
City Secretary Chapa polled the council for the vote on the ordinance on
Second Reading as amended and it passed with the following vote: Allen,
Loeb,Martinez,McIntyre,Riojas and Scott voting"Aye"; Garza,Leal and Magill
voting"No".
Aye: 6- Council Member Allen,Council Member Loeb, Mayor Martinez, Council
Member Scott,.Council Member McIntyre and Council Member Riojas
Nay: 3- Council Member Leal,Council Member Magill and Council Member Garza
Abstained: 0
Enactment No: 029877
15. Emergency Ordinances to Accept and appropriate funds for a
State grant to be disbursed for the Texas Safe Shelter Initiative
(Related Items 15 -17)
Ordinance authorizing the City Manager or designee to execute all
documents necessary to accept grants from the Texas Department of
Public Safety, Texas Division of Emergency Management, in the
amount of$1,800,000 for Calallen ISD shelter project for the Texas
Safe Shelter Initiative with a match of 25%to be provided by Calallen
Corpus Christi Page 9 Printed on 71212013
City Council Meeting Minutes-Final June 25,2093
ISD per Interlocal Agreement; appropriating $1,800,000 from the
Hazardous Mitigation Grant Program in the No. 1062 Fire Grants Fund
to be disbursed to Calallen ISD for reimbursement for design and
construction costs for the shelter projects;authorizing the City
Manager or designee to execute Interlocal Agreement between the
City of Corpus Christi and Calallen ISD to establish terms for
administration of the Hazardous Mitigation Grant Program for the
Texas Safe Shelter Initiative; and declaring an emergency.
An emerency was declared and the foregoing ordinance was passed and
approved 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
Enactment No: 029878
16.
Ordinance authorizing the City Manager or designee to execute all
documents necessary to accept grants from the Texas Department of
Public Safety, Texas Division of Emergency Management, in the
amount of$1,800,000 for Del Mar College shelter project for the Texas
Safe Shelter Initiative with a match of 25%to be provided by Del Mar
College per Interlocal Agreement; appropriating$1,800,000 from the
Hazardous Mitigation Grant Program in the No. 1062 Fire Grants Fund
to be disbursed to Del Mar College for reimbursement for design and
construction costs for the shelter projects; and authorizing the City
Manager or designee to execute Interlocai Agreement between the
City of Corpus Christi and Del Mar College to establish terms for
administration of the Hazardous Mitigation Grant Program for the
Texas Safe Shelter Initiative; and declaring an emergency.
An emerency was declared and the foregoing ordinance was passed and
approved 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 Rojas and Council Member Garza
Abstained: 0
Enactment No:029879
1'7.
Ordinance authorizing the City Manager or designee to execute all
documents necessary to accept grants from the Texas Department of
Public Safety, Texas Division of Emergency Management, in the
amounts of$1,800,000 for Tuloso-Midway ISD shelter project at the
High School and$1,080,000 for the Tuloso-Midway ISD project at the
intermediary school for the Texas Safe Shelter Initiative with a match
Corpus Christi Page 10 Printed on 7/2/2093
City Council Meeting Minutes-Final June 25,2013
of 25% to be provided by Tuloso-Midway ISD per Interlocal
Agreement; appropriating $1,800,000 and$1,080,000 from the
Hazardous Mitigation Grant Program in the No. 1062 Fire Grants Fund
to be disbursed to Tuloso-Midway ISD for reimbursement for design
and construction costs for the shelter projects; authorizing the City
Manager or designee to execute Interlocal Agreement between the
City of Corpus Christi and Tuloso-Midway ISD to establish terms for
administration of the Hazardous Mitigation Grant Program for the
Texas Safe Shelter Initiative; and declaring an emergency.
An emerency was declared and the foregoing ordinance was passed and
approved 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 Riajas and Council Member Garza
Abstained: 0
Enactment No:029880
18. Setting a Public Hearing for the Fiscal Year 2013-2014 Operating
Budget
Motion setting a public hearing for the City of Corpus Christ Fiscal
Year 2013-2014 Operating Budget for July 9, 2013 during the regular
City Council meeting beginning at 11.30 a.m. at City Hall, 1201
Leopard Street, Corpus Christi, Texas.
The foregoing motion was passed and approved 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 Rojas and Council Member Garza
Abstained: 0
Enactment No: M2013-105
19. Federal grant application and Interlocal Agreement for the
Edward Byrne Memorial Justice Assistance Grant(JAG)
Resolution authorizing the City Manager, or designee,to submit a
grant application in the amount of$162,583 to the U.S. Department of
Justice, Bureau of Justice Assistance for funding eligible under the
Edward Byrne Memorial Justice Assistance Grant (JAG) Program FY
2013 Local Solicitation with 50% of the funds to be distributed to
Nueces County under the established Interlocal Agreement; and
authorizing the City Manager or designee to execute Interlocal
Agreement between the City of Corpus Christi and Nueces County to
establish terms for the sharing of the Edward Byrne Memorial Justice
Grant (JAG) Program FY 2013 Local Solicitation.
Corpus Christi Page 11 Printed on 71712013
City Council Meeting Minutes-Final June 25,2013
The foregoing resolution was passed and approved 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 Rlojas and Council Member Garza
Abstained: 0
Enactment No:029881
20. Federal grant application for funding eligible under the Port
Security Grant Program
Resolution authorizing the City Manager, or designee, to submit a
grant application in the amount of$66,191 to the U.S. Department of
Homeland Security FEMA for funding eligible under the FY 2013 Port
Security Grant Program with City cash match of$22,064 for a total
project cost of$88,255.
The foregoing resolution was passed and approved 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
Enactment No:029882
N. PUBLIC HEARINGS: (ITEM 21)
21. Public Hearing and First Reading Ordinance -Rezoning from
Commercial and Residential to Light Industrial on Tract 1 and
from Residential to Commercial on Tract 2 for Jubalee Properties,
Ltd.,on property located at 9801 South Padre Island Drive (SH
358), 1130 Baywood Lane, and 1133 Baywood Lane.
Case No. 0413-05 Jubalee Properties, Ltd.: A change of zoning from
the "CG-1"General Commercial District and "RS-6"Single-Family 6
District to the"IL" Light Industrial District on Tract 1 and from the
"RS-6°Single-Family 6 District to the"CG-1" General Commercial
District on Tract 2, resulting in a change to the Future Land Use Plan
from commercial to industrial uses on Tract 1 and not resulting in a
change to the Future Land Use Plan on Tract 2. Tract 1 is described
as being Lots 1 through 5, Block 2, Baywood Addition, and Tract 2 is
described as being Lot 4 and the northeast 25 feet of Lot 5, Block 1,
Baywood Addition. The property to be rezoned is located south of
South Padre Island Drive (SH 358) on Baywood Lane.
Planning Commission and Staff Recommendation (May 22, 2013):
Tract 1 - Denial of the change of zoning from the"CG-1"General
Corpus Christi Page 12 Printed on 7121201a
City Council Meeting Minutes-Final June 25,2013
Commercial District and "RS-6"Single-Family 6 District to the "IL"
Light Industrial District and, in lieu thereof,approval of the"CG-1/SP"
General Commercial District with a Special Permit, subject to the nine
conditions. Tract 2-Approval of the change of zoning from the"RS-6"
Single-Family 6 District to the "CG-1" General Commercial District.
Ordinance
Ordinance amending the Unified Development Code("UDC") upon
application by Jubalee Properties, Ltd., acting as agent on behalf of
Mostafa Bighamian, Morteza Shafinury and First National Bank
("Owners"), by changing the UDC Zoning Map in reference to Lots 1
through 5, Block 2, Baywood Addition ("Tract 11"), and Lot 4 and the
northeast 25 feet of Lot 5, Block 1, Baywood Addition ("Tract 2"), from
the "CG-1°General Commercial District and the"RS-6"Single-Family
6 District to the"CG-1/SP" General Commercial District with a Special
Permit on-tract 1 and from the "RS-6" Single-Family 6 District to the
"CG-1" General 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.21. Mark Van Vleck, Director of
Development Services stated that the request is to rezone from Commercial
and Residential to Light Industrial on Tract 1,and from Residential to
Commercial on Tract 2 for property located at 9801 S. Padre Island Drive,7730
Baywood Lane,and 7733 Baywood Lane. He added that the purpose to rezone
the property is to allow a manfacturing facility for small fiberglass boats and
trailers on Tract 1,and outdoor display/storage of completed boats on Tract 2.
Mr.Van Vleck stated that the Planning Commission and Staff are
recommending denial of the change and in lieu thereof recommend approval of
General Commercial District with a Special Permit subject to nine conditions
on Tract 1,and approval of General Commercial District on Tract 2.
A motion was made by Council Member Scott,seconded by Council Member
Magill to open the public hearing and passed. Marcos Villarreal,expressed
concern on the use of the land and asked if the manufacturing of fiberglass
boats be conducted on the premises. A motion was made by Council Member
McIntyre,seconded by Council Member Scott o close the public hearing and
passed.
The foregoing ordinance was passed and approved on first reading with the
following vote:
Aye: 8- Council Member Leal, Council Member Loeb,Mayor Martinez, Council
Member Scott,Council Member Magill,Council Member McIntyre, Council
Member Riojas and Council Member Garza
Absent: 1 - Council MemberAllen
Abstained: 0
O. FIRST READING ORDINANCES: (NONE)
Corpus Christ/ Page 13 Printed on 71212013
City Council Meeting Minutes-Final June 25,2093
P. FUTURE AGENDA ITEMS: (NONE)
Q. BRIEFINGS TO CITY COUNCIL: (NONE)
R. ADJOURNMENT
There being no further business to come before the Council,Mayor Martinez
declared the meeting adjourned at 2:50 pm.
Corpus Christi Page 14 Printed on 7!712013