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I HEREBY CERTIFY that the foregoing is a true and correct copy of the minutes of the Regular
Meeting of the Corpus Christi City Council of May 27, 2014 which were approved by the City
Council on June 10, 2014.
WITNESSETH MY HAND AND SEAL, on this the 10th day of June, 2014.
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Rebecca Huerta
City Secretary
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INDEXED
1201 Leopard Street
Corpus Christi
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Meeting Minutes
City Council
Tuesday,May 27,2014 11:30 AM Council Chambers
Public Notice --THE USE OF CELLULAR PHONES AND SOUND ACTIVATED
PAGERS ARE PROHIBITED IN THE CITY COUNCIL CHAMBERS DURING
MEETINGS OF THE CITY COUNCIL.
A. Mayor Nelda Martinez to call the meeting to order.
Mayor Martinez called the meeting to order.
B. Invocation to be given by Deacon Jesse Hinojosa, Diocese of Corpus Christi.
City Manager Ron Olson gave the invocation.
C. Pledge of Allegiance to the Flag of the United States to be led by Peter
Davidson, Marina Superintendent
Marina Superintendent Peter Davidson led the Pledge of Allegiance.
D. City Secretary Rebecca Huerta to call the roll of the required Charter Officers.
City Secretary Rebecca Huerta called the roll and stated that a quorum of the
Council and the required Charter Officers were present to conduct the meeting.
City Secretary Huerta announced that Council Member Leal has been granted a
leave of absence.
(Note:Council Member Riojas arrived at 12:04 p.m.)
Charter Officers:
City Manager Ron Olson,Interim City Attorney Barney L.Knight,and City
Secretary Rebecca Huerta.
Present: 8- Mayor Nelda Martinez,Council Member Kelley Allen,Council Member Rudy
Garza,Council Member David Loeb,Council Member Chad Magill,Council
Member Colleen Mclntyre,Council Member Lillian Riojas, and Council
Member Mark Scott
Absent: 1 - Council Member Priscilla Leal
E. Proclamations/Commendations
1. Proclamation declaring May 28, 2014, as "Engineering Olympics
Innovative Academy for Engineering, Environmental, & Marine
Science at Moody High School"
Proclamation declaring June 9-19, 2014, as "149th Anniversary of the
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Juneteenth Celebration, the Spirit of Emancipation Days"
Certificate of Commendation Presentation to Ryan Patrick Curtin,
Operation Homefront's 2014 Navy Military Child of the Year
Mayor Martinez presented the proclamations.
G. CITY MANAGER'S COMMENTS/UPDATE ON CITY OPERATIONS:
Mayor Martinez referred to City Manager's Comments.
a. City Performance Report-Fleet Maintenance
Director of Fleet Maintenance Jim Davis provided a briefing on the operations,
mission and goals of the Fleet Maintenance Department.
b. Other
None.
MINUTES: (ITEM 4)
4 Regular Meeting of May 20, 2014
Mayor Martinez deviated from the agenda and called for approval of the
minutes.Council Member Scott made a motion to approve the minutes,
seconded by Council Member Magill and passed unanimously.
F. PUBLIC COMMENT FROM THE AUDIENCE ON MATTERS NOT SCHEDULED ON
THE AGENDA WILL BE HEARD AT APPROXIMATELY 12:00 P.M. PLEASE LIMIT
PRESENTATIONS TO THREE MINUTES.A recording is made of the meeting;
therefore, please speak into the microphone located at the podium and state
your name and address. If you have a petition or other information pertaining to
your subject, please present it to the City Secretary.
Mayor Martinez deviated from the agenda and called for comments from the
public.Susie Luna Saldana and Lucy Rubio requested that the Council reaffirm
the vote from the Bond 2008 Election and support building Fire Station No.18.
Tim Dowling expressed his concerns with the development of the"Movies and
More"project(Item No.9)and competitive movie zones.Dr.Gloria Scott
thanked the council members who came to St.Paul's Methodist Church to
build the playground for the northside area.George Gray and Jason Teague
spoke regarding Item No.9,BCH Investment Group zoning case,and
suggested that the screening fence included near the children's area of the
church include bollards.Kyle Hoelscher,Richard Hinojosa,Robert Chapa,
Linda McKamie,John Kelley and Chris Freeland spoke regarding the Homeless
Solutions Vision and Strategies(Item No.17).
J. BOARDS & COMMITTEE APPOINTMENTS: (ITEM 5)
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5. Advisory Committee on Community Pride
Animal Control Advisory Committee
Building Standards Board
Clean City Advisory Committee
Coastal Bend Council of Governments
Island Strategic Action Committee
Sister City Committee
Transportation Advisory Committee
Mayor Martinez referred to board and committee appointments.The following
appointments were made:
Advisory Committee on Committee Pride-Kent A.Cooper,Lily Gonzalez,and
Brittney Richerson(Appointed)
Animal Control Advisory Committee-Harold Bennett(Reappointed);Cheryl
Martinez(Realigned);and Mark Phillips(Appointed)
Building Standards Board-Randal Salazar(Reappointed);Marco Crawford and
Matthew Ezell(Appointed)
Clean City Advisory Committee-Amanda Stephens and Sharlene V.Walker
(Appointed)
Coastal Bend Council of Governments-Assistant City Manager Gustavo
Gonzalez and City Secretary Rebecca Huerta,Alternate(Appointed)
Island Strategic Action Committee-Kathleen L.Pratt(Appointed)
Sister City Committee-Misaki Berrios,Coretta Graham,John Maldonado,and
Luci Walker(Appointed)
Transportation Advisory Committee-William Strawn(Appointed)
K. EXPLANATION OF COUNCIL ACTION:
L. CONSENT AGENDA: (NONE)
N. REGULAR AGENDA: (ITEM 9)
9. Second Reading Ordinance-Rezoning from the"RM-2"
Multifamily 2 District to the"CG-2" General Commercial District,
on property located at 7601 South Staples Street(FM 2444)(1st
Reading 5/13/14)
Case No. 0414-04 BCH Investment Group, LLC: A change of zoning
from the "RM-2" Multifamily 2 District to the"CG-2" General
Commercial District, resulting in a change to the Future Land Use
Plan. The property to be rezoned is described as being an 8.080-acre
tract of land out of Lots 23 and 24, Section 6, Flour Bluff and Encinal
Farm and Garden Tracts, located along the west side of South Staples
Street (FM 2444), approximately 400 feet south of Yorktown
Boulevard.
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Planning Commission and Staff Recommendation (April 9, 2014):
Approval of the rezoning from the"RM-2" Multifamily 2 District to the
"CG-2" General Commercial District.
Ordinance:
Ordinance amending the Unified Development Code ("UDC"), upon
application by BCH Investment Group, LLC ("Owner"), by changing the
UDC Zoning Map in reference to a 8.080-acre tract of land out of Lots
23 and 24, Section 6, Flour Bluff and Encinal Farm and Garden
Tracts, from the"RM-2" Multifamily 2 District to the"CN-1/SP"
Neighborhood Commercial District with a Special Permit Overlay;
amending the Comprehensive Plan to account for any deviations; and
providing for a repealer clause and publication.
Mayor Martinez deviated from the agenda and referred to Item 9.Annika
Gunning with Development Services stated that the item for consideration is a
revised ordinance,in lieu of the"CG-2"General Commercial District,to grant
"CN-1/SP"Neighborhood Commercial District with a Special Permit Overlay
subject to two conditions.Ms.Gunning added that the two conditions include
that the height of the building shall not exceed 60 feet and a minimum six-foot
tall screening fence shall be constructed along the north boundary of the
property adjacent to the church.Mayor Martinez called for comments from the
public.Abel Alonzo spoke in support of the zoning change.There were no
comments from the Council.City Secretary Huerta stated that the 20% rule is in
effect and requires a super majority vote of the council.This Ordinance was
passed on second reading and approved with the following vote:
Aye: 8- Mayor Martinez, Council Member Allen, Council Member Garza, Council
Member Loeb, Council Member Magill, Council Member McIntyre, Council
Member Riojas and Council Member Scott
Absent: 1 - Council Member Leal
Abstained: 0
Enactment No: 030186
M. PUBLIC HEARINGS: (ITEMS 6 -8)
8. Public Hearing and First Reading Ordinance -Request for a
Special Permit Time Extension, on property located at 8801 State
Highway 44.
Case No. 0313-01 Thomas Petroleum, LLC: A request for a Special
Permit time extension for an additional two years. The property
requiring the Special Permit time extension is described as Lot 1,
Block 1, Thomas Petroleum Subdivision, located on the south side of
State Highway 44, approximately 670 feet east of South Clarkwood
Road.
Planning Commission and Staff Recommendation (April 23, 2014):
Denial of the applicant's requested two-year time extension and
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approval of a one-year time extension.
Ordinance
Ordinance amending Ordinance No. 029841, upon request by Thomas
Petroleum, LLC ("Owner"), by adding a one-year 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 deviated from the agenda and referred to Item 8.Annika
Gunning with Development Services stated that the purpose of this item is to
consider a request to extend the expiration date of a zoning Special Permit for
an additional two years.Ms.Gunning stated that the Planning Commission and
staff recommend approval of an additional year based on the fact that the
applicant has already completed the platting process and the time limit does
not require that construction of the facility be completed; it only requires that
the building permit application be submitted for staff review.Council Member
McIntyre made a motion to open the public hearing,seconded by Council
Member Magill and passed.There were no comments from the Council or the
public.Council Member Garza made a motion to close the public hearing,
seconded by Council Member McIntyre and passed.This Ordinance was
passed on first reading and approved with the following vote:
Aye: 7- Mayor Martinez, Council Member Allen, Council Member Garza, Council
Member Loeb, Council Member Magill,Council Member McIntyre and
Council Member Riojas
Absent: 2- Council Member Leal and Council Member Scott
Abstained: 0
6. Public Hearing and First Reading Ordinance -Rezoning from the
"FR" Farm Rural District to the"RS-4.5" Single-Family 4.5
District, on property located at 7801 Slough Road
Case 0414-06 Grangefield Development, LLC: A change of zoning
from the "FR" Farm Rural District to the "RS-4.5" Single-Family 4.5
District, not resulting in a change to the Future Land Use Plan. The
property is described as being a 19.704-acre tract of land out of Lot 6,
Section 25, Flour Bluff and Encinal Farm and Garden Tracts, located
along the south side of Slough Road, approximately 350 feet east of
Freds Folly Drive.
Planning Commission and Staff Recommendation (April 23, 2014):
Approval of the change of zoning from the"FR" Farm Rural District to
the"RS-4.5" Single-Family 4.5 District.
Ordinance
Ordinance amending the Unified Development Code ("UDC"), upon
application by Grangefield Development, LLC ("Owner"), by changing
the UDC Zoning Map in reference to a 19.704-acre tract of land out of
Lot 6, Section 25, Flour Bluff and Encinal Farm and Garden Tracts,
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from the "FR" Farm Rural District to the "RS-4.5" Single-Family 4.5
District; amending the Comprehensive Plan to account for any
deviations; and providing for a repealer clause, penalties, and
publication.
Mayor Martinez referred to Item 6.Annika Gunning with Development Services
stated that the purpose of this item is rezone the subject property to allow for a
residential subdivision.Ms.Gunning stated that the Planning Commission and
staff were in favor of the zoning change.Mr.Garza made a motion to open the
public hearing,seconded by Council Member Magill and passed.There were
no comments from the Council or the public.Council Member Garza made a
motion to close the public hearing,seconded by Council Member Allen and
passed.This Ordinance was passed on first reading and approved with the
following vote:
Aye: 7- Mayor Martinez, Council Member Allen, Council Member Garza, Council
Member Loeb, Council Member Magill, Council Member McIntyre and
Council Member Riojas
Absent: 2- Council Member Leal and Council Member Scott
Abstained: 0
7. Public Hearing and First Reading Ordinance - Rezoning from the
"CR-2" Resort Commercial District and "CR-2/I0" Resort
Commercial District with an Island Overlay to the"RS-4.5/PUD"
Single-Family 4.5 District with a Planned Unit Development
Overlay on property located at 14313-14361 Nemo Court
Case No. 0414-05 Upper Padre Partners, LP: A change of zoning
from the"CR-2" Resort Commercial District and "CR-2/IO" Resort
Commercial District with an Island Overlay to the "RS-4.5/PUD"
Single-Family 4.5 District with a Planned Unit Development Overlay.
The property is described as being a 7.24-acre tract of land out of all
of Lots 11 through 23, Block 46, Padre Island - Corpus Christi, Island
Fairway Estates, and a portion of Lot 27D, Padre Island -Corpus
Christi, Island Fairway Estates, located along the west side of Nemo
Court, approximately 250 feet west of South Padre Island Drive (PR
22) and north of Whitecap Boulevard.
Planning Commission and Staff Recommendation (April 23, 2014):
Approval of the change of zoning from the "CR-2" Resort Commercial
District and "CR-2/IO" Resort Commercial District with an Island
Overlay to the "RS-4.5/PUD" Single-Family 4.5 District with a Planned
Unit Development Overlay.
Ordinance
Ordinance amending the Unified Development Code ("UDC"), upon
application by Upper Padre Partners, LP,and Bryan R. Gulley
("Owners"), by changing the UDC Zoning Map in reference to a
7.24-acre tract of land out of all of Lots 11 through 23, Block 46, Padre
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Island - Corpus Christi, Island Fairway Estates, and a portion of Lot
27D, Padre Island -Corpus Christi, Island Fairway Estates, from the
"CR-2" Resort Commercial District and "CR-2/IO" Resort Commercial
District with an Island Overlay to the"RS-4.5/PUD" Single-Family 4.5
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 Martinez referred to Item 7.Annika Gunning with Development Services
stated that the purpose of this item is to rezone the subject property to allow a
single family planned unit development consisting of 50 lots.Ms.Gunning
stated that the Planning Commission and staff were in favor of the zoning
change,subject to development conditions outlined in the ordinance.Council
Member Garza made a motion to open the public hearing,seconded Council
Member McIntyre and passed.There were no comments from the Council or
the public.Council Member McIntyre made a motion to close the public
hearing,seconded by Council Member Garza and passed.This Ordinance was
passed on first reading and approved with the following vote:
Aye: 7- Mayor Martinez, Council Member Allen, Council Member Garza, Council
Member Loeb, Council Member Magill, Council Member McIntyre and
Council Member Riojas
Absent: 2- Council Member Leal and Council Member Scott
Abstained: 0
FIRST READING ORDINANCES: (ITEM 12)
12. First Reading Ordinance -Type A Grant for the Del Mar College
Process and Instrumentation
Ordinance approving a Business Incentive Agreement between the
Corpus Christi Business and Job Development Corporation ("Type A
Corporation") and Del Mar College Foundation ("Del Mar")to provide a
grant of up to$1,390,071, to expand Del Mar College's Process and
Instrumentation Technology Program by purchasing a Process
Technology Base Unit and Glycol Distillation Unit with ancillary
equipment/software and a Process Control Learning System and
authorizing the City Manager, or designee, to execute a Business
Incentive Project Service Agreement with the Type A Corporation
regarding implementation and administration of the Del Mar Business
Incentive Agreement; and appropriating $1,390,071 from the
unreserved fund balance in the No. 1140 Business/Job Development
Fund for said business incentive grant from the Type A Corporation to
Del Mar and changing the FY 2013-2014 operating budget, adopted
by Ordinance No. 029915, by increasing proposed expenditures by
$1,390,071.
Mayor Martinez deviated to the agenda and referred to Item 12.Mike
Culbertson,Corpus Christi Regional Economic Development Corporation,
stated that the purpose of this item is to approve a Type A grant to the Del Mar
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College Foundation,in the amount of up to$1,390,071,to purchase process
and instrumentation technology equipment for expansion of the curriculum.
Dr.Lenora Keas,Del Mar College,recognized the industry supporters in
attendance at the meeting.There were no comments from the Council or the
public.This Ordinance was passed on first reading and approved with the
following vote:
Aye: 8- Mayor Martinez, Council Member Allen, Council Member Garza, Council
Member Loeb, Council Member Magill, Council Member McIntyre,Council
Member Riojas and Council Member Scott
Absent: 1 - Council Member Leal
Abstained: 0
H. EXECUTIVE SESSION: (ITEMS 2 -3)
Mayor Martinez deviated from the agenda and referred to the day's executive
sessions.The Council went into executive session.The Council returned from
executive session.
2. Executive session pursuant to Texas Government Code Section
551.071, Consultation with Attorney, and Section 551.087,
Deliberations regarding economic development negotiations with
possible discussion and action in open session.
This E-Session Item was discussed in executive session
3. Executive session pursuant to Section 551.071 of the Texas
Government Code for consultation with attorneys regarding fire
collective bargaining negotiations with possible discussion and action
in open session
This E-Session Item was discussed in executive session
O. FIRST READING ORDINANCES: (ITEMS 10 -11)
10. First Reading Ordinance-Accepting and appropriating grant
funds for Stonegarden Grant Program
Ordinance authorizing the City Manager or designee to execute all
documents necessary to accept a grant in the amount of$262,595
from Nueces County for funding eligible under the FY2013
Department of Homeland Security Grant Program Operation
Stonegarden to reimburse fuel, overtime, fringe benefits, and
equipment expenditures for the Police Department's collaborative
enforcement efforts with Nueces County along routes of ingress and
egress to include (but not limited to) U. S. Highway 77 and State
Highway 44; and appropriating the$262,595 in the No. 1061 Police
Grants Fund.
Mayor Martinez referred to Item 10.Police Chief Floyd Simpson stated that the
purpose of this item is to accept and appropriate the Operation Stonegarden
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Grant in the amount of$262,595.There were no comments from the Council or
the public.This Ordinance was passed on first reading and approved with the
following vote:
Aye: 8- Mayor Martinez, Council Member Allen, Council Member Garza, Council
Member Loeb, Council Member Magill,Council Member McIntyre, Council
Member Riojas and Council Member Scott
Absent: 1 - Council Member Leal
Abstained: 0
11. First Reading Ordinance-Approving an agreement and
appropriating funds to reimburse developer for the construction
of water arterial transmission and grid main line located north
along Saratoga Boulevard (SH 357),east of Ayers Street
Ordinance authorizing city manager or designee to execute a water
arterial transmission and grid main construction and reimbursement
agreement("Agreement")with Spear Consolidated, Ltd.,
("Developer"), for the construction of a water arterial transmission and
grid main line and appropriating $84,536.35 from the No. 4030 Arterial
Transmission and Grid Main Trust Fund to reimburse the Developer in
accordance with the Agreement.
Mayor Martinez referred to Item 11.Interim Assistant Director of Development
Services Julio Dimas stated that the purpose of this item is to execute a water
arterial transmission and grid main construction and reimbursement
agreement with Spear Consolidated,Ltd.for the construction of a water arterial
transmission and grid main line in the amount of$84,536.35.There were no
comments from the Council or the public.This Ordinance was passed on first
reading and approved with the following vote:
Aye: 8- Mayor Martinez, Council Member Allen, Council Member Garza, Council
Member Loeb, Council Member Magill, Council Member McIntyre, Council
Member Riojas and Council Member Scott
Absent: 1 - Council Member Leal
Abstained: 0
P. FUTURE AGENDA ITEMS: (ITEMS 13 - 16)
Mayor Martinez referred to the Future Agenda.Assistant City Manager Gus
Gonzalez stated that staff had a planned presentation for Item 14.Council
members asked questions regarding Items 13 and 16.
13. Resolution approving submission of grant applications for the
Highway Safety Improvement Program
Resolution supporting the submission of multiple grant applications
with the Texas Department of Transportation (TxDOT) Highway Safety
Improvement Program (HSIP)for projects to improve and interconnect
traffic signals at selected locations throughout the City of Corpus
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Christi.
This Resolution was recommended to consent agenda
14. Resolution supporting submission of a grant application for the
Harbor Bridge Livable Community Plan
Resolution supporting submission of a grant application to the United
States Department of Transportation for a "Transportation Investment
Generating Economic Recovery" (TIGER) Discretionary Grant for the
Harbor Bridge Livable Community Plan; in the amount of$1,000,000.
This Resolution was recommended to consent agenda
15. Engineering design contract for Municipal Communication Studio
facility renovation
Motion authorizing the City Manager, or designee, to execute a Design
Services Contract with Russ Berger Design Group, Inc. from Addison,
Texas in the amount of$59,300 for the City of Corpus Christi
Municipal Communication Studio Facility Renovation.
This Motion was recommended to consent agenda
16. Agreement for Bond Counsel Services
Motion authorizing the City Manager to enter into an agreement with
Fuibright&Jaworski, LLP of San Antonio, Texas to perform bond
counsel services for the City of Corpus Christi.
This Motion was recommended to consent agenda
Q. BRIEFINGS TO CITY COUNCIL: (ITEMS 17 -19)
17. Homeless Solutions Vision and Strategies
Mayor Martinez referred to Item 17.Assistant City Manager Susan Thorpe
stated that the purpose of this item is to present a draft proposal for Homeless
Solutions Visions and Strategies.Ms.Thorpe was assisted by Police Chief
Floyd Simpson.Ms.Thorpe referred to a powerpoint presentation including the
overall vision and direction;statistics on the City's current homeless situation;
the increase in homeless population;the City's three(3)tools and strategies to
address the homeless situation:zoning,ordinances,and funding;expected
outcomes;and next steps.Ms.Thorpe invited the Council to attend a"Summit
on Homelessness,Housing and Workforce Development"on June 12,2014
from 11:30 a.m.to 4:00 p.m.at the Mental Health/Mental Retardation(MHMR)
building.
Council members spoke regarding the following topics:the amount of time
police officers deal with the mentally ill,homeless individuals and public
intoxication;the concept of the public intoxication drop off center(Sobriety
Center);the homeless being victimized;providing a continuum of services;
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updating zoning regulations for homeless shelters; holding shelters
accountable;enacting quality of life ordinances;a strategy for identifying
partners/stakeholders and creating a coalition;the relationship with Nueces
County regarding the Sobriety Center;and the"Haven for Hope"in San
Antonio model.
18. New Approach to Operation Proud Partnership
Mayor Martinez referred to Item 18.Assistant City Manager Susan Thorpe
stated that the purpose of this item is to present a proposal for Operation
Proud Partnership.Ms Thorpe was assisted by Police Chief Floyd Simpson and
Captain David Blackmon.Ms.Thorpe presented information on the mission of
Operation Proud Partnership;the three-pronged approach to fighting crime: 1)
landlord education and accountability,2)enhanced code enforcement,and 3)
interdepartmental nuisance abatement team(INAT);and expected outcomes.
Council members spoke regarding the following topics:updating the 1974
Property Maintenance Code to the 2009 version;code enforcement cleanup
efforts;education by citation;enhancing the quality of rental properties;the
message to the Lindale neighborhood and how the neighborhood can embrace
the changes;the point of contact for more neighborhoods to engage in these
changes;and examples of poorly maintained property issues the INAT would
address.Council members requested a copy of the 1974 and 2009 versions of
the Property Maintenance Codes.
19. Consolidated Annual Action Plan FY2014
Mayor Martinez referred to Item 19.Director of Housing and Community
Development Eddie Ortega stated that the purpose of this item is present the
FY2014 Consolidated Annual Action Plan with staff recommendations.Mr.
Ortega provided an overview of Attachment D,which includes the list of city
departments and entities requesting funding and the requested amounts;and
staffs recommendation for the CDBG,ESG,and HOME programs.
Council members spoke regarding the following topics:the reason that
CDBG-Sunnybrook Road accessibility improvements are not being
recommended by staff;consideration to add a block of funding next year from
CDBG funds for homelessness and mental health;the difference between the
ESG-staff recommendation Options 1 and 2;evaluation criteria for ESG
program;additional funding for ESG-Corpus Christi Metro Ministries;including
a scoring matrix with the recommendations;the number of people utilizing the
CDBG-Single Family Home Rehabilitation Program;how the funding is
supplemented for City-ESG Administrative costs;whether there are any ESG
funding projects that are notable to match funds as required or at risk of not
being able to match funds;communication with organizations addressing the
changes that will occur with the ESG program from the outcomes of the
Homeless Solutions Visions and Strategies;the decreased funding for the
HOME program;information on the HOME-Homebuyer Assistance Program;
whether HOME-Riverstone Apartments and HOME-TG 110,Inc.projects will
receive funding if both receive housing tax credits;and consideration to
recommend provide funding from the HOME-Nueces County Community
Action Agency to the HOME-Homebuyer Assistance Program.
R. ADJOURNMENT
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The meeting was adjourned at 5:45 p.m.
Printed on 6/4/2014
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