HomeMy WebLinkAboutMinutes City Council - 06/16/2015 9*?�
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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 June 16, 2015 which were approved by the City
Council on June 23, 2015.
WITNESSETH MY HAND AND SEAL, on this the 23rd day of June, 2015.
Rebecca Huerta
City Secretary
SEAL
INDEXED
Corpus Christi 1201 Leopard Street
p Corpus Christi,TX 78401
cctexas.com
Meeting Minutes
w., City Council
Tuesday,June 16,2015 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 Pastor Darryl Hurt, Immanuel Fellowship.
Pastor Darryl Hurt gave the invocation.
C. Pledge of Allegiance to the Flag of the United States to be led by Dan Grimsbo,
Director of Development Services.
Director of Development Services Dan Grimsbo 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.
(Note:Council Member Riojas arrived at 11:38 a.m.)
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/Commendations
None.
G. CITY MANAGER'S COMMENTS/UPDATE ON CITY OPERATIONS:
Mayor Martinez referred to City Manager's Comments.City Manager Olson
spoke regarding the following topics:
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a. OTHER
1)The Emergency Operations Center(EOC)was activated this morning at 4:00
a.m.due to bad weather from Tropical Storm Bill.The City is experiencing high
tides and several beach access roads have been closed.An updated from the
National Weather Services reported that Corpus Christi should expect to
receive three(3)to six(6)inches of rain in the next two(2)days and Tropical
Storm Bill will be making landfall near Galveston.2)City Manager Olson
announced that there will be no City Council meeting on June 30th and the
next meeting is scheduled for July 14th.
MINUTES:
6. Regular Meeting of June 9, 2015 and Council Retreat of February 3,
2015.
Mayor Martinez deviated from the agenda and called for approval of the
minutes.Council Member Rudy Garza made a motion to approve the minutes,
seconded by Council Member Colleen McIntyre and passed unanimously.
J. BOARD &COMMITTEE APPOINTMENTS: (NONE)
K. EXPLANATION OF COUNCIL ACTION:
L. CONSENT AGENDA: (ITEMS 7 -24)
Approval of the Consent Agenda
Mayor Martinez referred to the Consent Agenda.There were no comments from
the Council or the public.Council Member McIntyre made a motion to approve
the consent agenda items,seconded by Council Member Rosas.The consent
agenda was passed 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
7. Purchase of Taser Equipment for the Police Department
Motion approving the purchase of forty (40) Taser non-lethal weapons
with ancillary equipment for the Corpus Christi Police Department in
the amount of $60,736.40 from TASER International, Inc., Scottsdale,
Arizona based on sole source. Funds have been budgeted by the
Police Department in FY 2014-2015.
This Motion was passed on the Consent Agenda.
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Enactment No: M2015-059
8. Purchase of Breathing Apparatus for the Fire Department
Motion approving the purchase of twenty (20) Breathing Apparatus for
the Corpus Christi Fire Department in the amount of$103,836.00 from
Municipal Emergency Services, Inc., Houston, TX. The award is based
on the cooperative purchasing agreement with the Houston-Galveston
Area Council of Governments (HGAC). Funds are available through
the General Fund.
This Motion was passed on the Consent Agenda.
Enactment No: M2015-060
9. Purchase of actuators for raw water valves at the 0. N. Stevens
Water Filtration Plant
Motion approving the purchase of four actuators from Rexa, Inc., of
West Bridgewater, Massachusetts based on sole source for a total
amount of$142,400.00. Funds have been budgeted by the Utilities
Department in FY 2014-2015.
This Motion was passed on the Consent Agenda.
Enactment No: M2015-061
10. Supply Agreement for Firefighting Clothing
Motion approving a supply agreement with Casco Industries Inc.,
Houston, Texas for firefighting clothing consisting of ninety sets of
pants and coats, based on only bid, in accordance with Bid Event No.
6 for an estimated annual expenditure of $159,915.60 of which
$53,305.20 is required for the remainder of FY2014 - 2015. The term
of the agreement will be for twelve (12) months with an option to
extend for up to two (2) additional twelve-month periods subject to the
approval of the supplier and the City Manager or designee. Funds
have been budgeted by Fire Department in FY 2014-2015.
This Motion was passed on the Consent Agenda.
Enactment No: M2015-062
11. Supply Agreement for Cold Laid Asphalt& Pre-coated Aggregate
Motion approving a supply agreement with Vulcan Construction
Materials, San Antonio, Texas, for approximately 8,000 tons of cold
mix-cold laid asphalt and approximately 2,000 tons of pre-coated
aggregate, in accordance with Bid Event No. 16 based on only bid for
an estimated annual expenditure of $695,900 of which $231,966.66 is
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required for FY 2014 - 2015. The term of the contract will be for twelve
(12) months with an option to extend for up to two (2) additional twelve
month periods subject to the approval of the supplier and the City
Manager or his designee. Funds are available in the Material
Inventory Fund by the Street Operations Department in FY 2014-
2015.
This Motion was passed on the Consent Agenda.
Enactment No:M2015-063
12. Supply Agreement for Hot Mix Asphalt
Motion approving supply agreements with the following suppliers for
the following amounts for hot mix asphalt, based on lowest responsible
bid, awarding primary and secondary agreements, in accordance with
Bid Event No. 5 for an estimated semi-annual expenditure of $989,085
of which $659,390 is required for FY 2014-2015. The term of the
agreements shall be for six months with options to extend for up to five
additional six month periods, subject to the approval of the suppliers
and the City Manager or designee. Funds have been budgeted by
Street Services in FY 2014-2015.
HAC MATERIALS, LTD. Bay, LTD.
Corpus Christi, Texas Corpus Christi, Texas
$936,937.50 $52,147.50
Primary Supplier Secondary Supplier
Grand Total: $989,085.00
This Motion was passed on the Consent Agenda.
Enactment No: M2015-064
13. Supply Agreement for Crushed Limestone
Motion approving a Supply Agreement with Vulcan Construction
Materials, San Antonio, Texas, for approximately 16,000 tons of
crushed limestone in accordance with Bid Event No. 15 based on low
responsible bid, for an estimated annual expenditure of$348,000 of
which $100,000 is required for FY 2014 -2015.The term of the
contract will be for twelve months with an option to extend for up to two
additional twelve month periods subject to the approval of the supplier
and the City Manager or his designee. Funds are available in the
Material Inventory Fund by the Street Operations Department in FY
2014 -2015.
This Motion was passed on the Consent Agenda.
Enactment No: M2015-065
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14. Service Agreements for Custodial Services
Motion approving service agreements for custodial services for
Aviation and City Hall with the following companies for the following
amounts in accordance with Bid Event No. 29, based on lowest
responsible bid for an estimated annual expenditure of $251,039.04, of
which $83,679.68 is required for the remainder of FY 2014-2015. The
term of the contract will be for twelve (12) months with options to
extend for up to two (2) additional twelve-month periods, subject to the
approval of the Contractor and the City Manager or designee. Funds
have been budgeted by Aviation and Facilities & Property
Management Departments in FY 2014-2015.
ABM Janitorial Services ISS Facility Services, Inc.
Corpus Christi, TX Corpus Christi, TX
Aviation City Hall
$141,119.04 $109,920.00
Grand Total $251,039.04
This Motion was passed on the Consent Agenda.
Enactment No: M2015-066
15. Submission of grant application for Body-worn Camera Pilot
Implementation Program for the Police Department
Resolution authorizing the City Manager, or designee, to submit a
grant application in the amount of$125,000 to the U.S. Department of
Justice for funding eligible under the FY 2015 Body-Worn Camera
Pilot Implementation Program with City in-kind match of$50,000 and
cash match of$75,000 from the Law Enforcement Trust Fund for a
total project cost of$250,000.
This Resolution was passed on the Consent Agenda.
Enactment No:030523
16. Amendment No. 1 to the Professional Services Contract to
provide consultant services for technical assistance with projects
and management
Motion authorizing the City Manager, or his designee, to execute
Amendment No. 1 to the Professional Services contract between the
City of Corpus Christi and LNV, Inc. in the amount of$215,000, for a
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total restated fee not to exceed $265,000, for staff augmentation to the
Utility and Public Works Departments, including professional
engineering services for projects management, programs
management, and land development technical issues.
This Motion was passed on the Consent Agenda.
Enactment No: M2015-067
17. Interlocal Agreement for the Regional Parkway Planning and
Environmental Linkages (PEL) Feasibility Study project
Resolution authorizing the City Manager, or designee, to execute all
documents necessary to approve an Interlocal Agreement with the
Metropolitan Planning Organization (MPO) regarding the participation
in the local funding shares required for the planning project known as
the Regional Parkway Planning and Environmental Linkages (PEL)
Study ("PROJECT").
This Resolution was passed on the Consent Agenda.
Enactment No:030524
18. Design - Build Agreement for Ayers Street CNG Station
Motion authorizing the City Manager, or designee, to execute a Design
- Build Agreement with Zeit Energy, LLC. of Dallas, Texas in the
amount of$1,597,271.39 for the Ayers Street CNG Station Project for
the Base Bid plus Contractor Proposed Pricing Options 1, 2 and 3
This Motion was passed on the Consent Agenda.
Enactment No: M2015-068
19. Resolution amending City Council Policy No. 9
Resolution amending City Council Policy No. 9, entitled Community
Development Block Grant and HOME Programs by revising the
language in section f.; and reaffirming the objectives and guidelines of
the policy.
This Resolution was passed on the Consent Agenda.
Enactment No: 030525
20. Second Reading Ordinance-Rezoning property located at 7321
South Staples Street(FM 2444)(Tabled on 5/26/15)(1st Reading
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6/9/15)
Case No. 0315-01 Doxa Enterprises, LP: A change of zoning from the
"FR" Farm Rural District to the"CG-2" General Commercial District,
not resulting in a change to the Future Land Use Plan. The property to
be rezoned is described as 0.826 acres out of Lots 7 and 8, Section 6,
Flour Bluff and Encinal Farm and Garden Tract, located west of South
Staples Street(FM 2444) and south of Henderson Street.
Staff Recommendation: Approval of the rezoning to the"CG-2"
General Commercial District(Requires 3/4 vote for approval).
Planning Commission Recommendation (March 25, 2015): Denial of
the"CG-2" General Commercial District and, in lieu thereof, approval
of the"CN-1" Neighborhood Commercial District
Ordinance:
Ordinance amending the Unified Development Code ("UDC"), upon
application by Doxa Enterprises, LP ("Owner"), by changing the UDC
Zoning Map in reference to 0.826 Acres out of Lots 7 and 8, Section 6,
Flour Bluff and Encinal Farm and Garden Tract, from the"FR" Farm
Rural District to the "CN-1" Neighborhood Commercial District;
amending the Comprehensive Plan to account for any deviations; and
providing for a repealer clause and publication.
This Ordinance was passed on second reading on the Consent Agenda.
Enactment No: 030526
21. Second Reading Ordinance- Engineering Construction Contract
for Waldron Road from Caribbean to Glenoak(BOND 2014)(1st
Reading 6/9/15)
Ordinance amending the FY 2015 Capital Improvement Budget
adopted by Ordinance No. 030303 by transferring $1,495,352 to the
Waldron Road from Caribbean Drive to Glenoak Drive Project and
increasing expenditures in the amount of$1,495,352; rejecting the low
bid of Salinas Construction Technologies Ltd. of Pleasanton, Texas, in
the interest of the public; determining the lowest responsible bidder to
be the second lowest bidder, Berry Contracting LP dba Bay Ltd. of
Corpus Christi, Texas; making findings of fact; and authorizing the City
Manager, or designee, to execute a construction contract with Berry
Contracting, LP dba Bay Ltd. of Corpus Christi, Texas in the amount of
$2,580,631.90 for the Waldron Road from Caribbean Drive to Gelnoak
Drive Project(BOND 2014).
This Ordinance was passed on second reading on the Consent Agenda.
Enactment No:030527
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22. Second Reading Ordinance-Approving agreement and
appropriating funds to reimburse developer for construction of a
wastewater collection line located south along Slough Road, east
of Rodd Field Road and south of Amethyst Drive(1st Reading
6/9/15)
Ordinance authorizing execution of a wastewater collection line
extension construction and reimbursement agreement("Agreement")
with Grangefield Development, LLC. ("Developer"), for the construction
of a wastewater collection line and appropriating $153,270.00 from the
No. 4220 Sanitary Sewer Collection Line Trust Fund to reimburse the
Developer in accordance with the Agreement.
This Ordinance was passed on second reading on the Consent Agenda.
Enactment No: 030528
23. Second Reading Ordinance-Approving agreement and
appropriating funds to reimburse developer for the construction
of water arterial transmission and grid main line, located south
along Slough Road, east of Rodd Field Road and south of
Amethyst Drive. (1st Reading 6/9/15)
Ordinance authorizing city manager or designee to execute a water
arterial transmission and grid main construction and reimbursement
agreement("Agreement")with Grangefield Development, LLC
("Developer"), for the construction of a water arterial transmission and
grid main line and appropriating $16,574.50 from the No. 4030 Arterial
Transmission and Grid Main Trust Fund to reimburse the Developer in
accordance with the Agreement.
This Ordinance was passed on second reading on the Consent Agenda.
Enactment No:030529
24. Second Reading Ordinance-Amending City Code regarding
Island Strategic Action Committee Election of Officers (1st
Reading 6/9/15)
Ordinance Amending City Code of Ordinances Regarding Island
Strategic Action Committee Election of Officers
This Ordinance was passed on second reading on the Consent Agenda.
Enactment No: 030530
M. PUBLIC HEARINGS: (ITEM 25)
25. Public Hearing and First Reading Ordinance-Rezoning property
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located at 10113 Up River Road (Tabled on 5/19/15)
Case No. 0415-05 AAF-Vantage at Corpus Christi.: A change of
zoning from the "RS-6" Single-Family 6 District to the"RM-1"
Multifamily 1 District,resulting in a change to the Future Land Use Plan
from commercial and medium density residential to medium density
residential. The property is described as being 19.74 acres out of the
remainder of a 20.26 acre tract described as Parcel 5, in a Special
Warranty Deed from William E. McKinzie, Jr. to William E. McKinzie,
Jr. Family Limited Partnership, located on the south side of Up River
Road between Deer Run Drive and Carbon Plant Road.
Planning Commission and Staff Recommendation (April 22, 2015):
Approval of the change of zoning from the"RS-6" Single-Family 6
District to the"RM-1" Multifamily 1 District.
Ordinance:
Ordinance amending the Unified Development Code ("UDC"), upon
application by AAF-Vantage at Corpus Christi, Inc. ("Owner"), by
changing the UDC Zoning Map in reference to 19.74 acres out of the
remainder of a 20.26 acre tract described as Parcel 5, in a Special
Warranty Deed from William E. McKinzie, Jr. to William E. McKinzie,
Jr. Family Limited Partnership, from the"RS-6" Single-Family 6 District
to the"RM-1" Multifamily 1 District; amending the Comprehensive Plan
to account for any deviations; and providing for a repealer clause and
publication.
Mayor Martinez referred to Item 25,a request for rezoning from AAF-Vantage at
Corpus Christ.City Secretary Huerta informed the City Council that the City
has received notification of 36%opposition to the zoning change.Per the
Unified Development Code,passage of the ordinance as presented requires a
three-fourths vote of the full Council,seven(7)votes.Director of Development
Services Dan Grimsbo stated that the purpose of this item is to rezone the
subject property to allow for the development for an approximately 288-unit
apartment complex.Mr.Grimsbo said the Planning Commission and staff
recommend approval of the zoning change.Mayor Martinez opened the public
hearing.Dr.Sue Nelson,Superintendent of Tuloso-Midway Independent
School District,thanked the City Council for tabling the item to allow the
developer to meet with the community and thanked Council Member Vaughn
for being present at the meeting.Dr.Nelson said the developer has reached
out to the school district to help refigure the park lot to address traffic.Dr.
Nelson explained that the school board has not approved the parking lot and
Memorandum of Understanding(MOU)and requested that no action be taken
until after the next school board meeting scheduled for July 13,2015.John
Condit,representing the developer,addressed:the traffic study,the
willingness to pay for the school's parking lot and restriping of the adjacent
streets,and concession made for compactor location and drainage.Mr.Condit
requested approval of the zoning change.Caesar Torres spoke about:the
traffic study not taking into account a new 104-home neighborhood,the
number of students at the school,and a safety study.Mayor Martinez closed
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the public hearing.
Council members spoke regarding the following topics:the applicant's
willingness to address and fund traffic and safety improvements expressed by
residents;drainage from the proposed apartment complex;the traffic study
limitations;the street improvements that improve the traffic capacity to
support the project;the need for additional housing in the northwest area;and
consideration to table the second reading to allow Tuloso-Midway School
Board the opportunity to discuss the issue and Memorandum of
Understanding agreements with the developer.Council Member Garza 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
Council Member Vaughn made a motion to table the second reading of the
Ordinance until the two Memorandums of Understanding,as discussed,are
created,seconded by Council Member McIntyre,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.Joan Veith spoke about the American GI Forum's Scholarship Event
and asked the City Council to consider a way to honor the late Police Chief
Floyd Simpson.Shirley Thornton spoke regarding the Citizens'Collection
Center for Flour Bluff/Padre Island and raised several questions about:the
property considerations;the cost of the property;the use of certificates of
obligation for Solid Waste projects;and code enforcement for the area.Ms.
Thornton said she will not support the location of a dump located near a
neighborhood.In response to questions by Council Member McIntyre,
Assistant City Manager Gus Gonzalez provided the distinction between a
landfill and a collection center and Executive Director of Public Works Valerie
Gray provided a list of other properties that were evaluated for the Citizens'
Collection Center.Pastor Rick Milby thanked the City Council for their service
and asked that the City Council encourage the Ethics Commission to update
the Ethics Ordinance.Pastor Milby provided an update on the code violations
for his church and requested that the City review the Code Enforcement
Division.Judy Telge spoke in support of Item 41,an update on Homeless
Solutions and thanked the City for including her in the discussions.Ms.Telge
explained the critical need to address affordable housing.Warren Andrich
spoke on behalf of the Corpus Christi Association of Realtors(Association)
and a Joint Task Force between the Association and the Homebuilders'
Association regarding the Plan CC 2035.Mr.Andrich thanked the City Council
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and staff for recent meetings on the issue and encouraged slowing down the
approval process.Mr.Andrich said his representation would like to engage in
discussions,on behalf of property owners,to make this plan as
comprehensive as possible for property owners,taxpayers and citizens in
Corpus Christi.
M. PUBLIC HEARINGS: (ITEMS 26 -28)
26. Public Hearing and First Reading Ordinance- Rezoning property
located at 3602, 3606, 3610, and 3614 Laguna Shores Road
Case No. 0515-03 Kapavik Builders, Inc: A change of zoning from the
"RS-6" Single-Family 6 District to the"RS-4.5" Single-Family 4.5
District, not resulting in a change to the Future Land Use Plan. The
property to be rezoned is described as Lots 1, 2, 17 and 18, Block 10,
Laguna Vista Shores, located along the west side of Laguna Shores
Road between Courtland Drive and Riviera Drive.
Planning Commission and Staff Recommendation (May 20, 2015):
Approval of the change of zoning from the"RS-6" Single-Family 6
District to the"RS-4.5" Single-Family 4.5 District.
Ordinance:
Ordinance amending the Unified Development Code ("UDC"), upon
application by Kapavik Builders, Inc. ("Owner"), by changing the UDC
Zoning Map in reference to Lots 1, 2, 17 and 18, Block 10, Laguna
Vista Shores, from the"RS-6" Single-Family 6 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 and
publication.
Mayor Martinez referred to Item 26.Director of Development Services Dan
Grimsbo stated that the purpose of this item is to allow for the development of
single-family residences with reduced setback requirements that are more
consistent with smaller lot sizes.Mr.Grimsbo said that the Planning
Commission and staff are in favor of the zoning change.Mayor Martinez
opened the public hearing.There were no comments from the Council or the
public.Mayor Martinez closed the public hearing and acknowledged the
applicant,Dave Kapavik,for being present in the audience.Council Member
Garza 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
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27. Public Hearing and First Reading Ordinance-Rezoning property
located at 14, 15, 16, and 17 Country Club Place
Case No. 0515-04 Magellan Terminals Holdings, L.P.: A change of
zoning from the "RS-6" Single-Family 6 District to the "ON" Office
District, resulting in a change to the Future Land Use Plan from low
density residential uses to professional office uses. The property is
described as Lots 14, 15, 16, and 17, Country Club Place, located on
the north side of Interstate Highway 37 Access Road, south of Tribble
Lane and west of Poth Lane.
Planning Commission and Staff Recommendation (May 20, 2015):
Approval of the change of zoning from the "RS-6" Single-Family 6
District to "ON" Office District.
Ordinance:
Ordinance amending the Unified Development Code ("UDC"), upon
application by Magellan Terminals Holdings, L.P. ("Owner"), by
changing the UDC Zoning Map in reference to Lots 14, 15, 16, and 17,
Country Club Place, from the"RS-6" Single-Family 6 District to the
"ON" Office District; amending the Comprehensive Plan to account for
any deviations; and providing for a repealer clause and publication.
Mayor Martinez referred to Item 27.Director of Development Services Dan
Grimsbo stated that the purpose of this item is to rezone the subject property
to allow for the construction of an office building.Mr.Grimsbo said that the
Planning Commission and staff are in favor of the zoning change.Mayor
Martinez opened the public hearing.There were no comments from Council or
the public.Mayor Martinez closed the public hearing.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:
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
28. Public Hearing and First Reading Ordinance -Rezoning property
located at 309, 311 and 341 South Shoreline Boulevard
Case No. 0515-05 Bayfront Medical Plaza, L.P.: A change of zoning
from the"CR-1" Resort Commercial to the"Cl" Intensive Commercial
District, not resulting in a change to the Future Land Use Plan. The
property to be rezoned is described as being a 0.98 acre tract of land
out of a portion of Lots 1 through 11, Jones Shoreline Business Lots, a
portion of Share 7, Tract B, W.S. Harney Tract, a portion of lands
reclaimed by the Bay Front Protection Work, and a portion of Lot 1,
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Water Block 3, Central Wharf&Warehouse Co.'s Subdivision, located
along the west side of Shoreline Boulevard between Kinney Street and
Born Street.
Planning Commission and Staff Recommendation (May 20, 2015):
Approval of the change of zoning from the"CR-1" Resort Commercial
District to the"Cl" Intensive Commercial District.
Ordinance:
Ordinance amending the Unified Development Code ("UDC"), upon
application by Bayfront Medical Plaza, L.P. ("Owner"), by changing the
UDC Zoning Map in reference to a 0.98 acre tract of land out of a
portion of Lots 1 through 11, Jones Shoreline Business Lots, a portion
of Share 7, Tract B, W.S. Harney Tract, a portion of lands reclaimed
by the Bay Front Protection Work, and a portion of Lot 1, Water Block
3, Central Wharf&Warehouse Co.'s Subdivision, from the "CR-1"
Resort Commercial District to the"Cl" Intensive Commercial District;
amending the Comprehensive Plan to account for any deviations; and
providing for a repealer clause and publication.
Mayor Martinez referred to Item 28.Director of Development Services Dan
Grimsbo stated that the purpose of this item is to rezone the subject property
to allow for construction of a hotel with a reduced street yard setback to zero
feet to accommodate an urban building design.Mr.Grimsbo stated that the
Planning Commission and staff are in favor of the zoning change.City
Secretary Huerta announced that Council Member Scott was abstaining on this
item.Mayor Martinez opened the public hearing.There were no comments
from the public.Mayor Martinez closed the public hearing.Council Member
McIntyre expressed support to rezone the property to allow for the reduced
setback to zero feet and encouraged staff to look at the feasibility of an overlay
for the downtown area,with feedback from the Downtown Management District
and other stakeholders.Council Member Magill made a motion to approve the
ordinance,seconded by Council Member Garza.This Ordinance was passed
on first reading and approved 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
Abstained: 1 - Council Member Scott
H. EXECUTIVE SESSION: (ITEMS 1 -5)
Mayor Martinez deviated from the agenda and referred to the day's executive
sessions.The Council went into executive session.
1. Executive Session pursuant to Texas Government Code§551.071
and Texas Disciplinary Rules of Professional Conduct Rule 1.05 to
consult with attorneys concerning legal requirements of the Texas
Local Government Code and other Texas laws regarding annexation
and regulation of entities in the extraterritorial jurisdiction, including
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Texas Local Gov't Code 43.001, et.seq., 30 Texas Administrative
Code 291.14, and Texas Local Gov't Code Chapter 212.
City Secretary Huerta announced that Council Member Magill recused himself
from the discussion on Item 1.The E-Session Item was discussed in executive
session.
2. Executive Session pursuant to Texas Government Code§ 551.071
and Texas Disciplinary Rules of Professional Conduct Rule 1.05 to
consult with attorneys concerning the Texas Local Government
Records Retention Act, the Texas Open Meetings Act, and the Texas
Public Information Act.
The E-Session Item was discussed in executive session.
3. Executive Session pursuant to Texas Government Code§ 551.071
and Texas Disciplinary Rules of Professional Conduct Rule 1.05 to
consult with attorneys concerning litigation and other legal matters
related to related to payday lending regulations, including CSAT, et al
vs. City of Dallas, TitleMax, et al vs. City of Austin, CSAT, et al vs. City
of Denton, ACE Cash, et al vs. City of Denton, and CSA T vs. City of
San Antonio.
The E-Session Item was discussed in executive session.
4. Executive session pursuant to Section 551.074 of the Texas
Government Code, to deliberate the evaluation of the City Auditor,
with possible discussion and action in open session.
Mayor Martinez referred to Item 4 and the following motion was discussed in
executive session:
Motion to increase the base salary of the City Auditor by 2.5%to be effective
on May 20,2015 or the pay period subsequent to it,further subject to further
services of the City Auditor pursuant hereto.
Council Member Scott made a motion to approve the motion,seconded by
Council Member Magill.This Motion was passed in executive session and
approved with the following vote:
Aye: 8- Mayor Martinez, Council Member Magill, Council Member McIntyre,
Council Member Riojas, Council Member Rubio, Council Member Rosas,
Council Member Scott and Council Member Vaughn
Absent: 1 - Council Member Garza
Abstained: 0
Enactment No:M2015-058
5. Executive session pursuant to Texas Government Code§551.071
for consultation with attorneys regarding collective bargaining
negotiations and/or the collective bargaining agreements between the
City of Corpus Christi and the Corpus Christi Firefighters Association
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and/or Corpus Christi Police Officers' Association.
The E-Session Item was discussed in executive session.
N. REGULAR AGENDA: (ITEMS 29 -31)
29. Third Party Administrator, Stop Loss Insurance and Self-Insured
Employee Health Benefits
Resolution authorizing the City Manager or designee to negotiate and
execute a contract with UnitedHealthcare, Houston, Texas, for the
provision of third-party administration of the City of Corpus Christi's
self-funded employee health and dental plans, for providing and
administering a provider network, and for the provision of stop-loss
insurance coverage in accordance with Request for Proposal Event
Number 41; and authorizing the City Manager or his designee to
negotiate and execute a contract with Express Scripts, Inc., Saint
Louis, Missouri for the provision of the pharmacy benefit management
portion of the City of Corpus Christi's self-funded employee health plan
in accordance with Request for Proposal Event Number 41.
Mayor Martinez referred to Item 29.Benefits Manager Steven Viera stated that
the purpose of this item is to authorize the City Manager or designee to
negotiate and execute a contract with UnitedHealthcare for third-party
administration of the City's self-funded employee health and dental plans,and
stop-loss insurance;and with Express Scripts,Inc.for pharmacy benefit
management.There were no comments from the public or the Council.Council
Member McIntyre made a motion to approve the resolution,seconded by
Council Member Magill.This Resolution was passed and approved with the
following vote:
Aye: 8- Mayor Martinez, Council Member Magill, Council Member McIntyre,
Council Member Riojas, Council Member Rubio,Council Member Rosas,
Council Member Scott and Council Member Vaughn
Absent: 1 - Council Member Garza
Abstained: 0
Enactment No: 030531
30. Second Reading Ordinance-Adopting the Corpus Christi
Property Maintenance Code(CCPMC) and approving licensing
agreement with the International Code Council (1st Reading
4/14/15) (Tabled 4/21/15)
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
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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 30.Interim Police Chief Mike Markle stated that
the purpose of this item is to amend the City's Code of Ordinances,Chapter 13
to adopt the Property Maintenance Code,replacing the existing 1973 Edition of
the Southern Standards Housing Code.The Property Maintenance Code is
based on the 2009 Edition of the International Property Maintenance Code and
reflects local requirements of the City of Corpus Christi.Interim Chief Markle
said Code Enforcement staff attended four(4)neighborhood meetings to
discuss the various changes and is presenting several floor amendments for
consideration based on public input from those meetings.Mayor Martinez
called for comments from the public.Henry Williams made two suggestions: 1)
the second reading of the ordinance be postponed and tabled to a future date
to allow a second meeting between the Code Enforcement Division and the
Citizens'Alliance for Fairness and Progress and 2)the City establish an
ombudsman position as a liaison between Code Enforcement and the public,
especially to assist the poor and elderly.Captain David Blackmon said he
understands Mr.Williams's concerns regarding the elderly and the poor,
however,in order to effectively help these groups,there are standards that
need to be identified by a clear precise code.Errol Summerlin expressed
concerns about:there being no procedure for notification;not having the
ability to print the code in any form;the right of entry;overcrowding language;
and clarification on Section 13-22 procedures and informing citizens of the
right to petition the Building Standards Board.
Council members spoke regarding the following topics: identifying residents in
need of assistance;assistance for residents that are not able to pay for code
violations;interaction between residents and code enforcement officers;the
process for issuing citiations;methods of notification advising property
owners to contact the Code Enforcement Division if assistance is needed;how
code violations are reported;improving communications with citizens that are
in need of help via the web page or utility bill inserts;how the maximum
occupancy level of a residential dwelling was determined;the difference
between provisions related to code violations and substandard conditions;
continuous improvements to the Property Maintenance Code;and next steps.
Council Member Magill requested that Mr.Summerlin and Mr.Williams be
invited to meetings regarding future revisions to the code.
Council Member McIntyre made a motion to amend the ordinance to include
the floor amendment presented by staff for Section 404.5 and include the
following language at the end of the last sentence"and one-hundred(100)
square feet for each subsequent person",seconded by Council Member Scott
and passed unanimously.
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Council Member Scott made a motion to amend the ordinance to include the
floor amendment presented by staff for Section 101.5 and include the following
language"sexual orientation or gender identity",seconded by Council Member
McIntyre and passed unanimously.
Council Member McIntyre made a motion to amend the ordinance to include
the floor amendment presented by staff for Sections 107.2 and 107.3,removing
the word"legal"from the first sentence in Section 107.2(2),seconded by
Council Member Riojas and passed unanimously.
Council Member McIntyre made a motion to amend the ordinance to include
the remaining floor amendments presented by staff for Sections 104.3 and
106.3,seconded by Council Member Scott and passed unanimously.
Council Member McIntyre made a motion to approve the ordinance as
amended,seconded by Council Member Scott.This Ordinance was passed on
second reading as amended and approved with the following vote:
Aye: 8- Mayor Martinez, Council Member Magill, Council Member McIntyre,
Council Member Riojas, Council Member Rubio, Council Member Rosas,
Council Member Scott and Council Member Vaughn
Absent: 1 - Council Member Garza
Abstained: 0
Enactment No: 030532
31. Second Reading Ordinance-Amending City Code to add Chapter
41 titled "Public Works" related to contractor debarment, and
ineligibility (Tabled on 5/12/15)(1st Reading 6/9/15)
Ordinance amending the Code of Ordinances by adding Chapter 41
titled "Public Works"; adding provisions related to contractor
debarment; adding provisions related to the effective administration of
the procurement of public works contracts; providing for severance;
and providing for an effective date.
Mayor Martinez referred to Item 31.Executive Director of Public Works Valerie
Gray stated that the purpose of this item is to amend the Code of Ordinances
to add Chapter 41,Public Works related to debarment Ms.Gray said the
ordinance includes the amendment made to Section 41-115 during first reading
and presented a revised flowchart to reflect the amendment.There were no
comments from the Council or the public.Council Member McIntyre made a
motion to confirm that the flowchart reflects the amendment made to Section
41-115 on the first reading,seconded by Council Member Vaughn and passed
unanimous.Council Member McIntyre made a motion to approve the
ordinance,seconded by Council Member Vaughn. This Ordinance was passed
on second reading and approved with the following vote:
Aye: 8- Mayor Martinez, Council Member Magill, Council Member McIntyre,
Council Member Riojas, Council Member Rubio, Council Member Rosas,
Council Member Scott and Council Member Vaughn
Absent: 1 - Council Member Garza
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Abstained: 0
Enactment No:030533
O. FIRST READING ORDINANCES: (ITEMS 32 -35)
32. First Reading Ordinance-Appropriating funds for the Summer
Food Service Program
Ordinance appropriating a $150,000 grant from the Texas Department
of Agriculture in the No. 1067 Parks and Recreation Grants fund to
operate a Summer Food Service Program for Summer Recreation
participants ages one to eighteen.
Mayor Martinez referred to Item 32.Interim Director of Parks and Recreation
Stacie Talbert stated that the purpose of this item is to accept a grant and
appropriate funding for the Summer Food Service Program.There were no
comments from the Council or the public.Council Member Scott made a
motion to approve the ordinance,seconded by Council Member Rosas.This
Ordinance was passed on first reading and approved with the following vote:
Aye: 7- Mayor Martinez, Council Member McIntyre, Council Member Riojas,
Council Member Rubio,Council Member Rosas, Council Member Scott
and Council Member Vaughn
Absent: 2- Council Member Garza and Council Member Magill
Abstained: 0
33. First Reading Ordinance-Amending the Budget for the 1115
Waiver Program
Ordinance amending the FY2014-2015 operating budget adopted by
Ordinance No. 030294 by reducing revenues and expenditures by
$1,291,492 for the 1115 Waiver Program in the General Fund No.
1020; and any remaining excess funds will be placed in a Special
Revenue account created for the 1115 Waiver in FY 2015-2016.
Mayor Martinez referred to Item 33.Director of Public Health Annette Rodriguez
stated that the purpose of this item is to amend the FY2014-2015 Operating
Budget by reducing the budget by$1,291,492 for the 1115 Waiver Program.
There were no comments from the Council or the public.Council Member Scott
made a motion to approve the ordinance,seconded by Council Member Rubio.
This Ordinance was passed on first reading and approved with the following
vote:
Aye: 8- Mayor Martinez,Council Member Magill,Council Member McIntyre,
Council Member Riojas, Council Member Rubio,Council Member Rosas,
Council Member Scott and Council Member Vaughn
Absent: 1 - Council Member Garza
Abstained: 0
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34. First Reading Ordinance-Appropriating Funds to Cover Cost for
Early Completion of Area Development Plan
Ordinance appropriating a total of$293,472 from the unreserved fund
balance in the No. 1020 General Fund for costs related to early
completion of the Downtown Area Development Plan, which is
currently ahead of original schedule; and changing the FY 2014-2015
operating budget adopted by Ordinance No. 030294 by increasing
expenditures by $293,472.
Mayor Martinez referred to Item 34.City Secretary Huerta announced that
Council Member Scott would be abstaining from this item.Director of
Development Services Dan Grimsbo stated that the purpose of this item is to
appropriate funding to cover costs related to the early completion of the
Downtown Area Development Plan.There were no comments from the Council
or the public.Council Member McIntyre made a motion to approve the
ordinance,seconded by Council Member Rosas.In response to Council
Member Magill,Mr.Grimsbo confirmed that since the work was completed
before the anticipated schedule,the allocation is being made from next year's
budget to this year's budget.This Ordinance was passed on first reading and
approved with the following vote:
Aye: 7- Mayor Martinez, Council Member Magill, Council Member McIntyre,
Council Member Riojas, Council Member Rubio,Council Member Rosas
and Council Member Vaughn
Absent: 1 - Council Member Garza
Abstained: 1 - Council Member Scott
35. First Reading Ordinance-Appropriating funds for six(6) hybrid
sedans and one(1) light and air truck for the Fire Department
Ordinance appropriating $507,190 from the unreserved fund balance
in the No. 1020 General Fund for the purchase of six Ford Fusion
hybrid sedans and one light and air truck; amending the FY2014-2015
Operating Budget adopted by Ordinance No. 030294 to increase
expenditures by $507,190; approving the purchase of the six sedans
from Caldwell Country Chevrolet, of Caldwell, Texas, and the purchase
of the light and air truck from Siddons-Martin Emergency Group, of
Denton, Texas, each purchase based on the cooperative purchasing
agreement with the Texas Local Government Purchasing Cooperative,
for a total amount of$507,190.
Mayor Martinez referred to Item 35.Interim Procurement Manager Gabriel
Maldonado stated that the purpose of this item is to appropriate funds for the
purchase of Fire Department equipment.There were no comments from the
public.In response to Council Member Magill,Fire Chief Robert Rocha
explained that the funding is being appropriated from the Unreserved Fund
Balance due to a cost savings realized in last year's budget.Council Member
Magill made a motion to approve the ordinance,seconded by Council Member
Vaughn.This Ordinance was passed on first reading and approved with the
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following vote:
Aye: 7- Mayor Martinez,Council Member Magill, Council Member McIntyre,
Council Member Riojas, Council Member Rubio, Council Member Rosas
and Council Member Vaughn
Absent: 2- Council Member Garza and Council Member Scott
Abstained: 0
P. FUTURE AGENDA ITEMS: (ITEMS 36 -38)
Mayor Martinez referred to Future Agenda Items.City Manager Olson stated
that staff did not have any planned presentations.Council members asked for
information on items 36 and 38.
36. Service Agreements for Mowing of Parks, Rights-of-way, Medians,
and Wastewater Treatment Plants
Resolution finding the lowest responsible bidder for mowing services
by grouped acreage in response to Bid Event No. 12; awarding a
service agreement to the lowest responsible bidder for each acreage
group; and authorizing the City Manager or designee to execute a
service agreement with the lowest responsible bidder for each acreage
group.
Maldonado Nursery & Landscape, Inc. Tuff Cut Lawn & Landscape
San Antonio, TX Corpus Christi, TX
$77,854.09 $88,169.99
Total: $166,024.08
The Resolution was recommended to the consent agenda.
37. Grant Application and Interlocal Agreement for the Edward Byrne
Memorial Justice Grant(JAG) Program FY 2015 Local Solicitation
Resolution authorizing the City Manager, or designee, to submit a
grant application in the amount of$168,613 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
2015 Local Solicitation with 50% of the funds to be distributed to
Nueces County under the 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 2015 Local Solicitation.
The Resolution was recommended to the consent agenda.
38. Engineering Construction Contract for City-Wide Lift Station
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Repairs Section 4 and Lift Station Odor Control located at
Whitecap Boulevard and Park Road 22
Motion authorizing the City Manager or designee to execute a
construction contract with J.S. Haren Company of Athens, Tennessee
in the amount of$196,000 for the City-Wide Lift Station Repairs
Section 4 Lift Station Odor Control for the total Base Bid.
The Motion was recommended to the consent agenda.
Q. BRIEFINGS: (ITEMS 39 -41)
39. Golf Course Annual Update
Mayor Martinez referred to Item 39 and stated that this item was postponed to
next week's Council meeting.
40. Communication Department Update
Mayor Martinez referred to Item 40.Director of Communication,Media
Relations&E-Government Kim Womack stated that the purpose of this item is
to provide a brief update on the Communication Department since undergoing
a reorganization in August 2014.The reorganization process began with an
evaluation of the foundation and adjusting the mission elements.The
Communication Department has developed a Three-Year Strategic
Communication Plan that is incorporated into the business plan and 100-day
plans.Ms.Womack provided an overview of the organizational structure and
the key communication function areas:Multimedia,Media Relations,and the
Customer Call Center.Ms.Womack stated that initial results reflect positive
results in citizen,employee and media engagement.The Communication
Department will continue working on projects to increase media broadcasts,
expand socal media presence;and develop Phase 2 of the communication
plan.Ms.Womack thanked the Communication Department staff for their work
and acceptance of the various changes.Council members spoke regarding the
following topics:the economic benefit of improving communications;the
timing of website development;expanding media broadcasting to include the
Planning Commission and Type A Board meetings;including"how to"
instructions for applications;improving public awareness;and identifying
ways to make the website more user friendly.
41. Homeless Solutions Update
Mayor Martinez referred to Item 41.Assistant City Manager Susan Thorpe
stated that the purpose of this item is to provide an update on Homeless
Solutions.Ms.Thorpe reported that since the initial presentation to City
Council in May 2014,City staff has taken various actions and engaged
community partners and stakeholders to provide input,develop strategies and
update the vision statement.Ms.Thorpe presented the results of a
Point-in-Time survey to provide a better understanding of the number of the
homeless.Ms.Thorpe provided information on the types of homelessness and
the major factors that contribute to homelessness.Ms.Thorpe reported on the
five strategies identified to achieve solution and the next steps to move the
strategies forward.Council members spoke regarding the following topics:an
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explanation of the concept to identify a location for future homeless services
coordination;whether the team has conducted tours in locations other than
Haven for Hope in San Antonio; increases in the homeless population and
aggressive panhandling;moving forward on this issue focusing on
compassion and enforcement;expressing respect for homeless providers;the
concept of a Sobriety Center;and consideration that an emphasis be made that
funding be provided to families and veterans that are making a choice to get
out of homelessness.
R. LEGISLATIVE UPDATE:
Mayor Martinez referred to the Legislative Update.Council Member McIntyre
announced that Governor Abbott has signed into law Windstorm Reform.
Mayor Martinez said the next legislative update is scheduled for the July 14th
meeting.
S. ADJOURNMENT
The meeting was adjourned at 6:31 p.m.
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