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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 April 14, 2015 which were approved by the City
Council on April 21, 2015.
WITNESSETH MY HAND AND SEAL, on this the 21st day of April, 2015.
T2iZia&eA.e"
Rebecca Huerta
City Secretary
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INDEXED
Corpus Christi 1201 Leopard Street
p Corpus Christi,TX 78401
n' cctexas.com
Meeting Minutes
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City Council
Tuesday,April 14,2015 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 Chaplain Lynne Blackler, CHRISTUS Spohn Health
System.
Chaplain Lynne Blackler gave the invocation.
C. Pledge of Allegiance to the Flag of the United States to be led by Stacie
Talbert-Anaya, Interim Director of Parks and Recreation.
Acting Director of Parks and Recreation Stacie Talbert Anaya 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 verified that a quorum of the
Council and the required Charter Officers were present to conduct the meeting.
Charter Officers:
City Manager Ron Olson,City Attorney Miles K.Risley,and City Secretary
Rebecca Huerta.
Present: 9- Mayor Nelda Martinez,Council Member Rudy Garza,Council Member
Chad Magill,Council Member Colleen Mclntyre,Council Member Lillian
Riojas,Council Member Lucy Rubio,Council Member Brian Rosas,Council
Member Mark Scott, and Council Member Carolyn Vaughn
E. Proclamations I Commendations
1. Proclamation declaring April 14, 2015, "Ben Mostafa Memorial Mural
Day"
Proclamation declaring April 15, 2015, "80th Anniversary of the CITGO
Corpus Christi Refinery Day"
Proclamation declaring April 12-18, 2015, "The Week of the Young
Child"
Proclamation declaring April 17-18, 2015, "1st Annual Fiesta de la Flor
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Weekend"
Proclamation declaring April, "Distracted Driving Awareness Month"
Mayor Martinez presented the proclamations.
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 referred to comments from the public.Sandra Heatherley
thanked the City Council for their service to the community and extended an
invitation to attend a forum on the Management of Fresh Water in South Texas.
Thursday,April 16,2015 from 5:30 p.m.to 8:00 p.m.at the Del Mar Center for
Economic Development,Room 106.Greg Smith informed the City Council of
two(2)resolutions approved by the Island Strategic Action Committee(ISAC):
a recommendation to change ISAC membership requirements and to research
alternatives for grant funding for Access Road 2A.Mary Lou Huffman
encouraged the City Council to consider Agnes Street for redevelopment.Ms.
Huffman spoke on changing the name of Code Enforcement to Code
Compliance and allowing more time for residents to address code violations.
Erica Kemm and Carl Yowell spoke regarding Item 36,Residential/Local Street
Reconstruction-Funding Options and the need for street and drainage
improvements in the Lindale Subdivision.Council Member McIntyre requested
information regarding the regulation of heavy trucks on local streets.Jack
Gordy spoke regarding the City hiring outside attorneys that do not live in
Corpus Christi.Kevin Hill spoke regarding the realignment of Shoreline
Boulevard.Luis Gutierrez was upset that the upcoming"Fiesta de Ia Flor"
event was sold out and stated that he feels the Corpus Christi Convention and
Visitors Bureau falsely advertised the ability to purchase tickets at the door.
Mr.Gutierrez feels the event was focused more on visitors than residents.Jim
Gold,Chris Mitchell,Robert Cagle,Evonna Howard,Dr.Glen Kost,Abel Alonzo
and Ernest and Yvonne Gutierrez spoke in support of Item 20,rezoning for The
Salvation Army.
G. CITY MANAGER'S COMMENTS/UPDATE ON CITY OPERATIONS:
Mayor Martinez referred to City Manager's Comments.City Manager Olson
reported on the following topics:
a. OTHER
1)The Council has recently considered moving forward with a Request For
Proposal(RFP)for the design-build construction for Bayshore Park.City
Manager Olson stated that part of the process will include public comment so
that interested citizens,including Mr.Kevin Hill,can provide input to the
designers and the Park and Recreation Advisory Board regarding the park
area.2)City Manager Olson informed the City Council of the upcoming
activities:"Wings Over South Texas"Blue Angels Show April 18-19,2015;
"Fiesta de Ia Flor"April 17-18,2015;Texas America Waterworks Conference
beginning April 15,2015 through the end of the week;and the Corpus Christi
Hooks will be playing at home every night from April 16-21,2015.3)The
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Emergency Operations Center(EOC)was activited this morning due to the
severe storm and was prepared to handle any issues.City Manager Olson said
this morning's event helped the EOC practice in the event an emergency
disaster strikes.The storm produced flooding,electricity outages and downed
trees and staff is currently assessing the damage.Mr.Olson announced that
any citizen that needs help or wants to report an issue can contact the City's
Call Center at 826-2489(CITY).In response to Council Member McIntyre,City
Manager Olson said staff is still evaluating the extent of the damage to validate
the need for any additional brush pickup.
I. MINUTES:
3. Regular Meeting of March 31, 2015
Mayor Martinez referred to approval of the minutes.Council Member Magill
made a motion to approve the minutes,seconded by Council Member McIntyre
and passed unanimously.
J. BOARD & COMMITTEE APPOINTMENTS:
4. Airport Board
Island Strategic Action Committee
Parking Advisory Board
Mayor Martinez referred to Board and Committee appointments.The following
appointments were made:
Airport Board
Council Member McIntyre made a motion to reappoint Dana Gunter and Kelly
Harlan,seconded by Council Member Riojas.The motion failed with the
following vote:Martinez,McIntyre,and Riojas voting"Aye";Garza,Magill,
Rosas,Rubio,and Vaughn voting"No";Scott was absent.Council Member
McIntyre made a motion to reappoint Dana Gunter,seconded by Council
Member Magill and passed unanimously.Council Member Magill made a
motion to appoint Joseph C.Wise,Jr.,seconded by Council Member McIntyre
and passed unanimously.Council Member Magill made a motion to appoint
Karl A.Tomlinson,seconded by Council Member Garza and passed
unanimously.
Island Strategic Action Committee
Council Member McIntyre made a motion to realign Rick Sowash to the
category of At-Large and Carter L.Tate to the category of Realtor,seconded by
Council Member Scott and passed unanimously.
Parking Advisory Committee
Council Member Magill made a motion to accept the Corpus Christi Convention
and Visitors Bureau's recommendation for the new appointment of Erica
Lozano,seconded by Council Member Rubio and passed unanimously.
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K. EXPLANATION OF COUNCIL ACTION:
L. CONSENT AGENDA: (ITEMS 5- 17)
Approval of the Consent Agenda
Mayor Martinez referred to the Consent Agenda.Mayor Martinez called for
comments from the public.Kevin Hill spoke regarding Items 7 and 8,regarding
the realignment of Shoreline Boulevard,and addressed improvements needed
at crosswalks located at Ocean Drive and Ayers Street,Coopers Alley,and the
sidewalk located at Kinney Street and Park Avenue.Council Member Scott
requested that Items 8 and 10 be pulled for individual consideration.The
consent agenda items were approved by one vote as follows:
Aye: 9- Mayor Martinez, Council Member Garza, Council Member Magill, Council
Member McIntyre, Council Member Riojas, Council Member Rubio,
Council Member Rosas, Council Member Scott and Council Member
Vaughn
Abstained: 0
5. Purchase of Patterson Pump Rotor Assembly
Motion approving the purchase of one (1) Patterson pump rotor
assembly from The Scruggs Co., Houston, Texas based on sole
source for a total amount of$73,655.00. Funds have been budgeted
by the Utilities Department in FY 2014-2015.
This Motion was passed on the Consent Agenda.
Enactment No: M2015-032
6. Approving the submission of a grant application to the Texas
Department of Transportation Aviation Division for airport
maintenance
Resolution authorizing the submission of a grant application in the
amount of$50,000 to the Texas Department of Transportation,
Aviation Division, with a matching amount of$50,000 for funding of
airport maintenance at Corpus Christi International Airport; and
authorizing the City Manager or designee to accept, reject, alter, or
terminate the grant and execute all related documents.
This Resolution was passed on the Consent Agenda.
Enactment No: 030467
7. Approving Change Order No. 13 for Bayfront Development Plan,
Phase 3 (Bond 2008) -Shoreline Boulevard Realignment
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Motion authorizing the City Manager or designee to execute Change
Order No. 13 with Bay, Ltd. of Corpus Christi, Texas in the amount of
$373,337.25 for a total restated fee of $7,540,461.64, for the Bayfront
Development Plan, Phase 3, Shoreline Boulevard Realignment project
(Bond 2008).
This Motion was passed on the Consent Agenda.
Enactment No: M2015-033
9. Second Reading Ordinance-Accepting and appropriating the
Houston High Intensity Drug Trafficking Area (HIDTA) grant(1st
Reading 3/31/15)
Ordinance authorizing the City Manager or designee to execute all
documents necessary to accept a grant award in the amount of
$168,200 from the Executive Office of the President, Office of National
Drug Control Policy, to support the Police Departments 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$168,200 in the No. 1061 Police Grants Fund.
This Ordinance was passed on second reading on the Consent Agenda.
Enactment No: 030468
11. Second Reading Ordinance-Accepting and appropriating grant
for the Latchkey After School Snack Program (1st Reading
3/31/15)
Ordinance authorizing the City Manager or designee to execute all
documents necessary to accept a grant in the amount of$166,173
from the Texas Department of Agriculture; appropriating grant in the
No. 1067 Parks and Recreation Grants Fund for the Latchkey After
School Snack Program.
This Ordinance was passed on second reading on the Consent Agenda.
Enactment No: 030470
12. Second Reading Ordinance-Accepting and appropriating the
Texans Feeding Texans Grant funds for the Home Delivered
Meals Program (1st Reading 3/31815)
Ordinance authorizing the City Manager or designee to ratify the
execution of all documents necessary to accept and appropriate a
$49,795.82 grant from the Texas Department of Agriculture Texans
Feeding Texans Program in the No. 1067 Parks and Recreation
Grants Fund for the FY 2015 Senior Community Services-Texans
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Feeding Texans.
This Ordinance was passed on second reading on the Consent Agenda.
Enactment No:030471
13. Second Reading Ordinance -Accepting and appropriating grant
amendment for additional funding to the Oso Bay Wetland
Preserve Restoration project(1st Reading 3/31/15)
Ordinance authorizing the City Manager or designee to execute all
documents necessary to accept a $3,000 grant awarded by the Texas
General Land Office Coastal Management Program for the Oso Bay
Wetland Preserve Habitat Restoration project; appropriating the
$3,000 grant in the No. 1067 Parks and Recreation Grants Fund for
the Oso Bay Wetland Preserve Habitat Restoration project.
This Ordinance was passed on second reading on the Consent Agenda.
Enactment No:030472
14. Second Reading Ordinance-Accepting and appropriating grant
funds for the Senior Companion Program (SCP) (1st Reading
3/31/15)
Ordinance authorizing the City Manager or designee to execute all
documents necessary to accept a$5,756 grant awarded by the
Corporation for National and Community Service and appropriating
grant in the No. 1067 Parks and Recreation Grants Fund for the Senior
Companion Program; transferring $76,903 from the No. 1020 General
Fund to the No. 1067 Parks and Recreation Grants Fund as City
matching funds for the Senior Companion Program and appropriating
the$76,903 in the No. 1067 Parks and Recreation Grant fund.
This Ordinance was passed on second reading on the Consent Agenda.
Enactment No: 030473
15. Second Reading Ordinance-Amending City Code relating to the
Transportation Advisory Board (1st Reading 3/31/15)
Ordinance amending Chapter 2, ARTICLE IV, Division 9.
TRANSPORTATION ADVISORY BOARD of the Corpus Christi Code
in its entirety; providing for severance; and providing an effective date.
This Ordinance was passed on second reading on the Consent Agenda.
Enactment No: 030474
16. Second Reading Ordinance-Appropriating additional Federal
grant funds for upgrades to security and perimeter road systems
at the airport(1st Reading 3/31/15)
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Ordinance appropriating $33,250 from Federal Aviation Administration
Grant No. 3-48-0051-048-2011 Amendment No. 3 in the No. 3020
Airport Capital Improvement Fund to upgrade security and perimeter
road systems at Corpus Christi International Airport; and changing the
FY2014-2015 Capital Budget adopted by Ordinance No. 030303 by
increasing both revenues and expenditures by$33,250.
This Ordinance was passed on second reading on the Consent Agenda.
Enactment No: 030475
17. Second Reading Ordinance-Assignment of Trinity Towers
Skywalk and Improvements Lease(1st Reading 3/31/15)
Ordinance approving the assignment of the Skywalk and
Improvements Lease Agreement regarding City property interests
located along Carancahua Street and Tancahua Street near Coopers
Alley, from NH Texas Properties Limited Partnership to BKD
Shoreline, LLC; consenting to the sublease of Trinity Towers Limited
Partnership; and authorizing the City Manager or designee, to execute
all documents related to the assignment and assumption agreement.
This Ordinance was passed on second reading on the Consent Agenda.
Enactment No: 030476
8. Approving Change Order No. 14 for Bayfront Development Plan,
Phase 3 (Bond 2008) -Shoreline Boulevard Realignment
Motion authorizing the City Manager or designee to execute Change
Order No. 14 with Bay, Ltd. of Corpus Christi, Texas in the amount of
$351,776.51 for a total restated fee of $7,892,238.16, for the Bayfront
Development Plan, Phase 3, Shoreline Boulevard Realignment project
(Bond 2008).
Mayor Martinez referred to Item 10.Council Member Scott asked questions
regarding the punch list of items the Council asked staff to address on the
Shoreline Boulevard Realignment Project including the lack of ramps,speed
bumps,patches and utilities.Executive Director of Public Works Valerie Gray
said staff will provide the City Council with a punch list.There were no
comments from the public.This Motion was passed and approved with the
following vote:
Aye: 9- Mayor Martinez, Council Member Garza, Council Member Magill, Council
Member McIntyre, Council Member Riojas, Council Member Rubio,
Council Member Rosas,Council Member Scott and Council Member
Vaughn
Abstained: 0
Enactment No: M2015-034
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10. Second Reading Ordinance-Accepting and appropriating grant
funds for the Retired Senior Volunteer Program (RSVP)(1st
Reading 3/31/15)
Ordinance authorizing the City Manager or designee to execute all
documents necessary to accept a $21,671 State grant awarded by the
Corporation for National and Community Service for the Retired and
Senior Volunteer Program; appropriating the$21,671 State grant in
the No. 1067 Parks and Recreation Grants Fund; transferring $79,173
from the No. 1020 General Fund to the No. 1067 Parks and
Recreation Grant Fund as City matching funds for the Retired Senior
Volunteer program and appropriating the $79,173 in the No. 1067
Parks and Recreation Grant fund.
Mayor Martinez referred to Item 10.Council Member Scott pulled Item 10 to
acknowledge the volunteers with the Senior Community Services Programs.
Council Members Scott,Riojas,McIntyre,and Mayor Martinez commented on
their experiences when spending time with the seniors participating in senior
programs.There were no comments from the public.This Ordinance was
passed on second reading and approved with the following vote:
Aye: 9- Mayor Martinez, Council Member Garza, Council Member Magill, Council
Member McIntyre, Council Member Riojas, Council Member Rubio,
Council Member Rosas, Council Member Scott and Council Member
Vaughn
Abstained: 0
Enactment No: 030469
M. PUBLIC HEARINGS: (ITEMS 18 -20)
20. Public Hearing and First Reading Ordinance -Rezoning for a
Special Permit for a Transitional Housing Facility at 1508 Leopard
Street
Case No. 0215-01 The Salvation Army: From the "Cl" Intensive
Commercial District to the "CI/SP" Intensive Commercial District with a
Special Permit for a transitional housing facility. The property to be
rezoned is described as Lots 1 thru 9, Block 2, West End Addition and
portion of alley, between Antelope and Leopard Streets and between
Mexico and Josephine Streets.
Planning Commission and Staff Recommendation (March 11, 2015):
Approval of the change of zoning from the "Cl" Intensive Commercial
District to the "CI/SP" Intensive Commercial District with a Special
Permit for a transitional housing facility, subject to 11 conditions.
Ordinance:
Ordinance amending the Unified Development Code ("UDC"), upon
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application by The Salvation Army ("Owner"), by changing the UDC
Zoning Map in reference to Lots 1 thru 9, Block 2, West End Addition
and portion of alley, from the"Cl" Intensive Commercial District to the
"CI/SP" Intensive Commercial District with a Special Permit for a
transitional housing facility; amending the Comprehensive Plan to
account for any deviations; and providing for a repealer clause and
publication.
Mayor Martinez referred to Item 20.Director of Development Services Dan
Grimsbo stated that the purpose of this item is to rezone the subject property
to allow for a transitional housing facility for homeless families and veterans
called"Center of Hope".Mr.Grimsbo stated that the Planning Commission and
Staff are in favor of the zoning change with a Special Permit subject to the
stated conditions.Mayor Martinez opened the public hearing.Justin Elizondo,
Chairman of the Homeless Issues Partnership(HIP)and Major Terry Ray,
Regional Coordinator for the Salvation Army,spoke is support of the project.
Mayor Martinez closed the public hearing.Council Members asked questions
regarding the condition to enter into an Adopt-a-Park agreement for
Lovenskiold Park if possible and requested that staff clarify this condition and
the number of units allocated for veterans.Council Member Scott made a
motion to approve the ordinance,seconded by Council Member Magill.This
Ordinance was heard on public hearing and passed on first reading and
approved with the following vote:
Aye: 9- Mayor Martinez, Council Member Garza, Council Member Magill, Council
Member McIntyre, Council Member Riojas, Council Member Rubio,
Council Member Rosas, Council Member Scott and Council Member
Vaughn
Abstained: 0
18. Public Hearing and First Reading Ordinance -Closing a portion of
an undeveloped and unsurfaced 20-foot wide public right-of-way,
located south of and adjacent to Williams Drive and north of Holly
Road.
Ordinance abandoning and vacating an undeveloped and unsurfaced
11,420-square foot portion (0.262 acres) of a 20-foot wide public
right-of-way, out of Lot 1, Block 1, Oso River Estates Unit 2.
Mayor Martinez referred to Item 18.Director of Development Services Dan
Grimsbo stated that the purpose of this item is to abandon and vacate a
portion of a 20-foot wide public right-of-way in conjunction with the
development of Lot 1,Block 1,Oso River Estates Unit 2.Mr.Grimsbo said staff
recommends that payment of the fair market value be waived.Mayor Martinez
opened the public hearing.There were no comments from the public.Council
Member Magill requested that location maps for Items 18,20,and 25 be
included in the packet for second reading.Council Member Rubio asked what
the specified time frame was to comply with all the conditions.Mr.Grimsbo
said he would provide that information.Council Member Magill made a motion
to approve the ordinance,seconded by Council Member McIntyre.This
Ordinance was passed on first reading and approved with the following vote:
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Aye: 9- Mayor Martinez, Council Member Garza, Council Member Magill, Council
Member McIntyre, Council Member Riojas, Council Member Rubio,
Council Member Rosas, Council Member Scott and Council Member
Vaughn
Abstained: 0
19. Public Hearing and First Reading Ordinance -Closing a portion of
a public right-of-way, located south of Williams Drive and north of
Holly Road.
Ordinance abandoning and vacating an undeveloped and unsurfaced
39,530-square foot portion (0.91 acres) of a 20-foot wide public
right-of-way, out of Lots 23-24, Section 28, Flour Bluff& Encinal Farm
& Garden Tracts.
Mayor Martinez referred to Item 19.Director of Development Services Dan
Grimsbo stated that the purpose of this item is to abandon and vacate a
portion of a 20-foot wide public right-of-way in conjunction with development
of the Oso River Estates Unit 2.Mr.Grimsbo said staff recommends that
payment of the fair market value be waived.Mayor Martinez opened the public
hearing.Kevin Hill asked if the property is being given to the adjacent property
owner.Mr.Grimsbo stated that the property is going back to the owner for
development because the City has determined that the property has no value
to the City.Mayor Martinez closed the public hearing.Council Member Garza
made a motion to approve the ordinance,seconded by Council Member
McIntyre.This Ordinance was passed on first reading and approved with the
following vote:
Aye: 9- Mayor Martinez, Council Member Garza, Council Member Magill, Council
Member McIntyre, Council Member Riojas, Council Member Rubio,
Council Member Rosas, Council Member Scott and Council Member
Vaughn
Abstained: 0
H. EXECUTIVE SESSION: (ITEM 2)
Mayor Martinez referred to the days executive session.The Council went into
executive session.
2. Executive session pursuant to Texas Government Code§551.071
for consultation with attorneys regarding collective bargaining
negotiations, the collective bargaining agreements between the City of
Corpus Christi and the Corpus Christi Firefighters Association and/or
Corpus Christi Police Officers' Association, with possible discussion,
resolution(s), and other actions in open session concerning any
matters related thereto.
This E-Session Item was discussed in executive session.
M. PUBLIC HEARINGS: (ITEM 21)
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21. Public Hearing and First Reading Ordinance -Amending the
Wastewater Collection System Master Plan
Ordinance amending the Wastewater Collection System Master Plan,
an element of the Comprehensive Plan of the City of Corpus Christi,
Texas, by relocating approximately 17 acres of land from the
Wooldridge II Lift Station 48 service area as identified in the
Wastewater Collection System Master Plan, Oso W.R.P. Service Area,
Area 1, to the Wooldridge Lift Station 61 service area as identified in
the Master Sanitary Sewer Plan for the Southern Portion of Corpus
Christi, Texas 1983; amending related elements of the City's
Comprehensive Plan; providing for severance; and providing for
publication.
Mayor Martinez referred to Item 21.Director of Development Services Dan
Grimsbo stated that the purpose of this item is to amend the City's Wastewater
Collection System Master Plan by allowing approximately 17 acres to be
relocated from the Wooldridge II Lift Station 48 service area to the Wooldridge
Lift Station 61 service area.Mr.Grimsbo said the Planning Commission and
staff are in favor of the amendments.Mayor Martinez opened the public
hearing.There were no comments from the Council or the public.Mayor
Martinez closed the public hearing.Council Member McIntyre made a motion to
approve the ordinance,seconded by Council Member Scott.This Ordinance
was passed on first reading and approved with the following vote:
Aye: 9- Mayor Martinez, Council Member Garza,Council Member Magill, Council
Member McIntyre, Council Member Riojas, Council Member Rubio,
Council Member Rosas,Council Member Scott and Council Member
Vaughn
Abstained: 0
N. REGULAR AGENDA: (NONE)
O. FIRST READING ORDINANCES: (ITEMS 22-27)
22. First Reading Ordinance -Appropriating funds from back filing of
E911 fees from Vonage
Ordinance appropriating $39,533.05 in General Fund No. 1020 from
the back filing of E911 fees from Vonage; and changing the FY
2014-2015 Operating Budget adopted by Ordinance No. 030294 by
increasing revenue and expenditures in the General Fund No. 1020 by
$39,533.05 each.
Mayor Martinez referred to item 22.Police Chief Floyd Simpson stated that the
purpose of this item is to appropriate funds that were previously not paid for
by Vonage for 911 service fees in the amount of$39,533.05.There were no
comments from the Council or the public.Council Member McIntyre made a
motion to approve the ordinance,seconded by Council Member Magill.This
Ordinance was passed on first reading with the following vote:
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Aye: 9- Mayor Martinez, Council Member Garza, Council Member Magill, Council
Member McIntyre, Council Member Riojas, Council Member Rubio,
Council Member Rosas, Council Member Scott and Council Member
Vaughn
Abstained: 0
23. First Reading Ordinance -Adopting the Corpus Christi
Maintenance Code(CCPMC) and approving licensing agreement
with the International Code Council
Ordinance amending the Corpus Christi Code of Ordinances Chapter
13, Article II to repeal the adoption of the Southern Standards Housing
Code, 1973 Edition and to adopt the Corpus Christi Property
Maintenance Code; amending Chapter 13, Article II to extend the time
to appeal Building Standard Board decisions and allow for the
recoupment of title search expenses; amending Chapter 13, Article II,
Division II to modify the definition and procedures for junk vehicles;
amending §13-3002 to add the definition of hearing officer; repealing
Chapter 13, Article IV in its entirety; repealing in its entirety Ordinance
No. 12826 regarding fire breaks; authorizing the City Manager or his
designee to execute a licensing agreement with the International Code
Council for copyright use of the International Property Maintenance
Code; providing for severance; providing for penalties; providing for
publication; and providing for effective date.
Mayor Martinez referred to Item 23.Police Chief Floyd Simpson stated that the
purpose of this item is to amend the City Code of Ordinances,to repeal the
adoption of the Southern Standards Housing Code,1973 Edition and adopt the
Corpus Christi Property Maintenance Code based on the International Property
Maintenance Code,2009 Edition.Chief Simpson said the Property Maintenance
code reflects the local conditions and traditional local requirements of the City
of Corpus Christi.The Ordinance is also requesting the approval of a licensing
agreement with the International Code Council for copyright use of the
International Property Maintenance Code.Chief Simpson stated that staff
decided to proceed with the adoption of the 2009,as opposed to the current
2012 version,to be in line with other departments and will be updated to the
2012 version in the next eighteen months.There were no comments from the
public.Council members spoke regarding the following topics:consideration
to have Development Services and the Fire Department approve a licensing
agreement for access to the International Codes; how to address"overlap"
citations received in the interim;the amount of time to comply with violations;
addressing absentee landlord issues;concerns with issuing citations to
citizens for unreasonable,unusable sidewalks requiring the property owner to
replace sidewalks;and informing the public of the new Property Maintenance
Code.Council Member McIntyre made a motion to approve the ordinance,
seconded by Council Member Magill.This Ordinance was passed on first
reading with the following vote:
Aye: 9- Mayor Martinez, Council Member Garza, Council Member Magill, Council
Member McIntyre, Council Member Riojas, Council Member Rubio,
Council Member Rosas,Council Member Scott and Council Member
Vaughn
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Abstained: 0
24. First Reading Ordinance -Approving agreement and
appropriating funds to reimburse developer for the construction
of water arterial transmission and grid main line located south
along Holly Road,east of Rodd Field Road and west of Paul
Jones Avenue
Ordinance authorizing city manager or designee to execute a water
arterial transmission and grid main construction and reimbursement
agreement ("Agreement")with MPM Development, LP ("Developer"),
for the construction of a water arterial transmission and grid main line
and appropriating $49,980.11 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 24.Director of Development Services Dan
Grimsbo stated that the purpose of this item is to approve the execution of a
water arterial transmission and grid main construction and reimbursement
agreement with MPM Development,LP,for the construction of a water arterial
transmission and grid main line.Mr.Grimsbo said staff recommends approval
of the agreement.There were no comments from the Council or the public.
Council Member Garza made a motion to approve the ordinance,seconded by
Council Member Riojas.This Ordinance was passed on first reading with the
following vote:
Aye: 9- Mayor Martinez, Council Member Garza, Council Member Magill, Council
Member McIntyre, Council Member Riojas, Council Member Rubio,
Council Member Rosas, Council Member Scott and Council Member
Vaughn
Abstained: 0
25. First Reading Ordinance-Closing a portion of a utility easement
located north of the Saratoga Boulevard (SH 357)state
right-of-way, and east of the Airline Road public street
right-of-way.
Ordinance abandoning and vacating a 3,066.16-square foot portion of
an existing 15-foot wide utility easement out of a part of Lot 29, Tract
N, Bass Subdivision, located north of the Saratoga Boulevard (SH
357) state right-of-way, and east of the Airline Road public street
right-of-way; and requiring the owner, George V. Piperis, to comply
with the specified conditions
Mayor Martinez referred to Item 25.Director of Development Services Dan
Grimsbo stated that the purpose of this item is to abandon and vacate a utility
easement and allow for the future development of the property located north of
Saratoga Boulevard and east of the Airline Road public street right-of-way.Mr.
Grimsbo said staff recommends that payment of fair market value be waived.
There were no comments from the Council or the public.Council Member
Garza made a motion to approve the ordinance,seconded by Council Member
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McIntyre.This Ordinance was passed on first reading with the following vote:
Aye: 9- Mayor Martinez, Council Member Garza, Council Member Magill, Council
Member McIntyre, Council Member Riojas, Council Member Rubio,
Council Member Rosas, Council Member Scott and Council Member
Vaughn
Abstained: 0
26. First Reading Ordinance-Exemption from the Wastewater
Acreage/Lot Fees for Wedgewood Terrace Unit 3 located north of
Yorktown Drive and West of Flour Bluff Drive, in the southwest
portion of Flour Bluff
Ordinance exempting Wedgewood Terrace Unit 3 from the payment of
wastewater lot and acreage fees pursuant to Section 8.5.2.G.1. of the
Unified Development Code; requiring the owner/developer to comply
with the specified conditions.
Mayor Martinez referred to Item 26.Director of Development Services Dan
Grimsbo stated that the purpose of this item is to exempt the developer of
Wedgewood Terrace Unit 3 from paying$15,003.05 in wastewater lot and
acreage fees subject to execution of a Sanitary Sewer Connection Agreement.
It is staff's opinion that wastewater facilities will not be available within the
next 15 years.There were no comments from the Council or the public.Mr.
Garza made a motion to approve the ordinance,seconded by Council Member
Riojas.Mr.Grimsbo stated that in response to Council Member Rubio's
question on Item 18,the owner must comply within 180 days.Mr.Grimsbo said
this language was left out of the ordinances on Items 18 and 19 and will be
corrected prior to second reading.This Ordinance was passed on first reading
with the following vote:
Aye: 8- Mayor Martinez, Council Member Garza, Council Member Magill, Council
Member McIntyre, Council Member Riojas, Council Member Rubio,
Council Member Rosas and Council Member Vaughn
Absent: 1 - Council Member Scott
Abstained: 0
27. First Reading Ordinance-Amending City Code regarding
disbanding the Cable Communications Commission
Ordinance amending the Code of ordinances, City of Corpus Christi,
Chapter 2 and Chapter 55 regarding disbanding of the Cable
Communications Commission
Mayor Martinez referred to Item 27.Director of Communications Kim Womack
stated that the purpose of this item is to disband the Cable Communications
Commission and to move administrative functions to the Communications
Department.Ms.Womack explained that Corpus Christi's municipal cable
franchise was dissolved by state law in June 2012 and since then,the duties of
the Cable Communications Commission have changed to primarily regulate
public access channel rules and procedures.The Cable Communications
Commission and both user groups are in favor of the ordinance and Ms.
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Womack stated that the she does not foresee any additional workload issues in
taking on the administrative functions.Ms.Womack explained that there was
one controversial item in the procedures proposed in page 7,Section 55-446(6)
(C)stating"programs with original production dates older than 4 years from
the proposed air date shall not be shown on public access".Ms.Womack said
this language was recommended by staff in order to improve the quality of
public access programming because of technology changes.Mayor Martinez
called for comments from the public.Jack Gordy spoke in opposition to
Section 55-446(6)(C)and stated that 91 out of 92 members of the Public Access
User Group 10 disagree with this section.Mr.Gordy said this language should
not be limited to four(4)years and should include language only if the
production is bad quality.Council members spoke regarding the following
topics:staff's reasoning behind limiting to a four(4)year period;the types of
programming;including language defining the technology quality rather than
basing the focus on the age of the programming.Council Member McIntyre
made a motion to strike the language on page 7,Section 55-446(6)(C),
seconded by Council Member Magill and passed unanimously.This Ordinance
was passed on first reading as amended with the following vote:
Aye: 9- Mayor Martinez, Council Member Garza, Council Member Magill, Council
Member McIntyre, Council Member Riojas, Council Member Rubio,
Council Member Rosas, Council Member Scott and Council Member
Vaughn
Abstained: 0
P. FUTURE AGENDA ITEMS: (ITEMS 28 -31)
Mayor Martinez referred to Future Agenda Items.City Manager Olson stated
that staff had planned presentations on Items 28,29,and 30.
28. Engineering Construction Contract for the Laguna Madre
Wastewater Treatment Plant Head Works and Bar Screen
Improvements
Motion authorizing the City Manager or designee to execute a
construction contract with Associated Construction Partners LTD of
Boerne, Texas in the amount of$2,895,000 for the Laguna Madre
Wastewater Treatment Plant Head Works and Bar Screen
Improvements for the Base Bid.
This Motion was recommended to the consent agenda.
29. Direction regarding 2012 Bond Projects
Resolution directing staff to proceed with bidding remaining Bond 2012
Projects; and providing direction on specific projects.
This Resolution was recommended to the consent agenda.
30. Authorizing Agreement for All Risk Property Insurance Coverage
Motion authorizing the City Manager to execute a one-year agreement,
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with Borden Insurance and McGriff, Seibels &Williams of Texas, Inc.,
for the purchase of all risk property insurance coverages totaling
$2,752,388 of which $1,131,117.95 is required for the remainder of
FY2014-2015. Funds have been budgeted by the Legal Department in
FY2014-2015.
This Motion was recommended to the consent agenda.
31. Appointing Board Members to the Coastal Bend Health Facilities
Development Corporation and the Coastal Bend Cultural
Education Facilities Finance Corporation
Motion appointing City Council Members Nelda Martinez, Rudy Garza,
Chad Magill, Colleen McIntyre, Lillian Riojas, Brian Rosas, Lucy Rubio,
Mark Scott and Carolyn Vaughn as board members to the Coastal
Bend Health Facilities Development Corporation and the Coastal Bend
Cultural Education Facilities Finance Corporation.
This Motion was recommended to the consent agenda.
Q. FUTURE CORPORATION MEETING: (ITEMS 32 -33)
Mayor Martinez referred to Future Corporation Meetings and stated that the
corporation meetings would be held at the next meeting.
32. Future Corporation Meeting of the Coastal Bend Health Facilities
Development Corporation
Annual Meeting of the Coastal Bend Health Facilities Development
Corporation
This Corporation Meeting was recommended to be held.
33. Future Corporation Meeting of the Coastal Bend Cultural
Education Facilities Finance Corporation
Annual Board Meeting of the Coastal Bend Cultural Education
Facilities Finance Corporation
This Corporation Meeting was recommended to be held.
R. BRIEFINGS: (ITEMS 34 -37)
34. Overview of Plan CC Comprehensive Plan 2035
Mayor Martinez referred to Item 34.Annika Gunning with development Services
stated that the purpose of this item is to have the planning consultant present
an overview of the Plan CC Comprehensive Plan 2035.Larissa Brown,Principal
with Stantec Urban,presented information on:the status of the process;the
overall picture;the four key issues to the vision;a diagram of the strategic
policy priorities;the future land use map;land use policy issues; land use
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compatibility transition areas;an orderly development system for annexed
area; infrastructure funding options;potential annexation areas;housing
revitalization and affordable housing;and how to implement strategies,
capacity building and coordination.
Council members spoke regarding the following topics:the current zoning for
annexed land;reducing sprawl in annexed areas;whether consideration was
given to the topography and elevation of the potential Calallen/Northwest
annexation area;housing revitalization in the current Memorial Hospital area;
establishment of a timeline indicating what is achievable and realistic;grant
proposal writing; re-establishment of the Planning Department;focusing on
the downtown,Six Points,Westside,and Flour Bluff areas for housing
revitalization and affordable housing;targeting Community Development Block
Grant(CDBG)funds for housing and mixed-use;incorporating a focus on a
healthy community as a guiding principal;concentration on infill development;
engaging the younger residents in the planning process;strengthening the
workforce;focusing on implementation and developing a process mechanism;
guidance on the transitional aviation district;and follow-up components.Ms.
Brown announced that the next community meeting is scheduled for May 9,
2015 from 9:00 a.m.to 11:30 a.m.at the American Bank Center.
35. Overview of the Downtown Area Development Plan and
Development Incentives
Mayor Martinez referred to Item 35.Annika Gunning with Development
Services stated that the purpose of this item is to allow the planning
consultant to present an overview of the draft Downtown Area Development
Plan and recommendations for development incentives.Ben Carlson,Director
of Urban Design for Goody Clancy,presented information on:the process
update;the five(5)major themes of the Downtown Area Development Plan;the
ten(10)implementation initiatives;major outstanding policy issues;the
project types eligible for incentives and recommendations;defining eligibility
for incentives"by-right"versus"needs-based"and recommendations;
targeting areas outside the Tax Increment Reinvestment Zone(TIRZ)and
recommendations;additional TIRZ district recommendations;Type A fund
recommendations;and the City's role in strategic use of land
recommendations.
Council members spoke regarding the following topics:the opportunity to use
gap financing to stimulate the downtown area;next steps for TIRZ#3
(downtown);ways to use the TIRZ as an incentive for new development;
whether to differentiate between full service and limited service on
non-convention center hotel incentives;the desire to have an educational
presence in the downtown area;using the TIRZ to leverage another source;
incorporating mixed use and retail opportunities.
Mayor Martinez called for a 20-minute break.
36. Residential/Local Street Reconstruction Plan -Funding Options
Mayor Martinez referred to Item 36.Executive Director of Public Works Valerie
Gray stated that the purpose of this item is to discuss the existing and future
potential funding options to address the residential/local street reconstruction
plan.Director of Financial Services Constance Sanchez provided the following
information:an overview of the street system and the 2014 current estimate;
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the existing resources allocated;and the potential possible resources which
include re-purposing sales tax;a property tax increase; reallocation of General
Fund resources;a street maintenance fee;assessments/special taxing
districts;voter approved bonds and future defeased debt;and legislative
initiatives.Ms.Sanchez concluded the presentation with three additional
considerations: 1)how much of the problem to solve;2)the time horizon for
solving the problem;and 3)the physical capacity to do the street work.
Council members spoke regarding the following topics:the impacts of
re-allocating General Fund resources;whether the debt capacity includes the
issuance of$55 million of debt every two(2)years;consideration to change
the issuance of debt to every four(4)years; legislative initiatives and
consideration for bracket bills;the realistic physical capacity and how many
local streets can be added knowing what needs to be done on the collectors
and arterials;additional concerns with construction and material capacity;
developing a matrix,taking into consideration the condition of the streets,
drainage and utilities; re-purposing the sales tax;the difference between
taxing districts and assessments;the process for billing public improvement
districts;how paving liens are assessed and the percentage of collection and
paid off liens;strategies to amend the Unified Development Code(UDC)to
create a new design policy for new subdivisions or building concrete streets;
additional sales tax increases;increasing the portion of the industrial districts;
discussion with the Regional Transportation Authority(RTA)regarding
contributions to residential/local streets;finding a sustainable funding source
and identifying additional funding sources;the RESTORE ACT;the use of
pothole patching and killer trucks;the Street Department contracting for
additional help to repair potholes;have staff come back with a
recommendation for solutions;the viability of the rollback revenue rate;and
the economic trends in sales tax.
City Manager Olson said staff will come back with a presentation on
assessments and public improvement districts and provide details on the
industrial district revenues.
Mayor Martinez made a motion directing the City Manager to prepare for the
2016 Election to re-purpose the sales tax for the baseball stadium,seconded
by Council Member McIntyre and passed unanimously.
Mayor Martinez made a motion directing the City Manager to hold the next
arterials and collectors reconstruction Bond Election in 2018 in the amount of
approximately$110,000,000,seconded by Council Member McIntyre and
passed unanimously.
Council Member Magill made a motion directing the City Manager to speak with
the RTA on behalf of the City Council regarding of the one-eighth cent sales
tax,seconded by Council Member Rubio and passed unanimously.
37. Recommendation from Citizens Advisory Health Board (CAHB)
regarding City-County Health District
Mayor Martinez referred to Item 37.Assistant City Manager Susan Thorpe
introduced Dr.Tony Diaz,Chairman of the Citizens Advisory Health Board.Dr.
Diaz presented information on the City-County Health Districts mission and
functions.Dr.Diaz stated that after observing the difficulties in coordination
and communication under the City of Corpus Christi and Nueces County,the
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Citizen's Advisory Health Board recommends designating the Nueces County
Commissioners Court as the governing body of the City-County Health District.
Council members spoke regarding the following topics:the change in
operations;the mandated responsibilities for the City; how the discussion with
Nueces County would work;and fully exploring the agreement and
responsibilities.There was a consensus of the Council to support the Citizens
Advisory Committee's recommendation.
S. LEGISLATIVE UPDATE:
None.
T. ADJOURNMENT
City Manager Olson informed the City Council that beginning April 28th,the
Executive Team,comprised of the City Manager and Assistant City Managers,
will be available once a month from 10 a.m.to 11:00 a.m.,prior to a City
Council meeting,to provide an opportunity for residents to talk to city
management.
The meeting was adjourned at 8:02 p.m.
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