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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 January 12, 2016 which were approved by the City
Council on January 19, 2016.
WITNESSETH MY HAND AND SEAL, on this the 19th day of January, 2016.
41.A.t
Rebecca Huerta
City Secretary
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Corpus Christi 1201 Leopard Street
Corpus Christi,Tx 78401
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Meeting Minutes
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City Council
Tuesday,January 12,2016 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 Reverend Gloria Lear, First United Methodist Church.
Reverend Gloria Lear gave the invocation.
C. Pledge of Allegiance to the Flag of the United States to be led by Andy Leal,Jr.,
Assistant Director of Street Maintenance, Street Department.
Assistant Director of Street Maintenance Andy Leal,Jr.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
City 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/Commendations
1. Proclamation declaring January 15, 2016, "Dr. Hector P. Garcia's
102nd Birthday Celebration".
Proclamation declaring January 18, 2016, "Martin Luther King Holiday
Celebration and Commemorative March".
Mayor Martinez presented the proclamations.
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After the proclamations,City Attorney Miles K.Risley recited the Rules of
Decorum for the City Council meeting.
G. CITY MANAGER'S COMMENTS/UPDATE ON CITY OPERATIONS:
Mayor Martinez deviated from the agenda and referred to City Manager's
Comments.City Manager Ron Olson reported on the following topics:
a. OTHER
1)The next Christmas Tree Recycling Event will take place Saturday,January
16,2016 at the following locations:Walmart at Saratoga and in Flour Bluff;
Flour Bluff High School parking lot;and the Padre Island Property Owners
Association.Residents can also set-out christmas trees during their regular
brush collection days.2)City Manager Olson recognized Assistant City
Manager Susan Thorpe for her service,dedication,and contribution to the City
of Corpus Christi and presented her with a Certificate of Appreciation.
H. MINUTES:
2. Regular Meeting of December 15, 2015.
Mayor Martinez referred to approval of the minutes.Council Member Magill
made a motion to approve the minutes,seconded by Council Member Garza
and passed unanimously.
I. BOARD &COMMITTEE APPOINTMENTS:
3. Airport Board
Mayor Martinez referred to board and committee appointments.The following
appointment was made:
Airport Board
Council Member McIntyre made a motion to appoint Luis F.Buentello,
seconded by Council Member Magill and passed unanimously.
J. EXPLANATION OF COUNCIL ACTION:
K. CONSENT AGENDA: (ITEMS 4- 14)
Approval of the Consent Agenda
Mayor Martinez referred to the Consent Agenda.There were no comments from
the public.Council members requested that Items 5 and 12 be pulled for
individual consideration.
A motion was made by Council Member McIntyre,seconded by Council
Member Magill,to approve the remaining Consent Agenda items.The consent
agenda items were approved by one vote as follows:
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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
4. Construction Contract for City-Wide Collection System
Pipebursting Indefinite Delivery/Indefinite Quantity (IDIQ)
Motion authorizing the City Manager or designee to execute a
construction contract with PM Construction & Rehab, LLC of .
Pasadena, Texas in the amount of $3,750,000 for the City-Wide
Collection System Pipebursting Indefinite Delivery/Indefinite Quantity
for the total Base Bid with the option to extend the contract up to four
(4) possible one-year renewals.
This Motion was passed on the Consent Agenda.
Enactment No:M2016-001
6. Engineering Design Contract Amendment No.1 for Rodd Field
Road Expansion (BOND 2014, Proposition 2)
Motion authorizing the City Manager, or designee, to proceed with
design phase work by executing Amendment No. 1 to a contract for
professional services with LJA Engineering, Inc. of Corpus Christi,
Texas in the amount of$1,128,307.78 for a restated fee of
$1,178,207.78 for the Rodd Field Road Expansion from Saratoga
Boulevard to Yorktown Boulevard. (Bond 2014, Proposition 2)
This Motion was passed on the Consent Agenda.
Enactment No: M2016-003
7. Resolution authorizing the City Manager or designee to proceed
with the design and construction of Fire Station 18
Resolution authorizing the City Manager or designee to proceed with
the design and construction of Fire Station 18 in the area of
Holly/Saratoga and Ayers.
This Resolution was passed on the Consent Agenda.
Enactment No: 030724
8. Second Reading Ordinance- License Agreement for Youth Sports
League at LyondellBasell Park(1st Reading 12/15/15)
Ordinance authorizing the City Manager, or designee, to execute a
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License Agreement with Nueces County for South Texas Elite Youth
Football League use of LyondellBasell Park on Haven Drive for youth
football program with option to extend for two additional years.
This Ordinance was passed on second reading on the Consent Agenda.
Enactment No:030725
9. Second Reading Ordinance-Accepting and appropriating grant
funds for Elderly Nutrition Program (ENP) (1st Reading 12/15/15)
Ordinance authorizing the City Manager or designee to execute all
documents necessary to accept and appropriate $48,225 grant funding
from the Area Agency on Aging of the Coastal Bend in the No. 1067
Parks and Recreation grants fund for the FY2015 Senior Community
Services, Elderly Nutrition Program.
This Ordinance was passed on second reading on the Consent Agenda.
Enactment No:030726
10. Second Reading Ordinance-Accepting and appropriating grant
funds for the Elderly Nutrition Program (ENP) (1st Reading
12/15/15)
Ordinance authorizing the City Manager or designee to execute all
documents necessary to accept and appropriate a$635,079 grant
from the Area Agency on Aging of the Coastal Bend in the No. 1067
Parks and Recreation grants fund for the FY2016 Senior Community
Services, Elderly Nutrition Program.
This Ordinance was passed on second reading on the Consent Agenda.
Enactment No:030727
11. Second Reading Ordinance-Accepting and appropriating
reimbursement grant funds for Title XX Meals on Wheels Program
(1st Reading 12/15/15)
Ordinance Authorizing the City Manager or designee to execute all
documents necessary to accept a$229,140 reimbursement grant
awarded by the Texas Department of Aging and Disability Services,
Title XX Meals on Wheels Program and appropriating it in the No.
1067 Parks and Recreation Grants Fund for the FY 2016 Senior
Community Services, Title XX Meals on Wheels Program.
This Ordinance was passed on second reading on the Consent Agenda.
Enactment No:030728
13. Second Reading Ordinance-Construction Contract and
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Professional Service Agreement Amendment No. 1 for Traffic
Signal and Street Lighting Improvements Indefinite
Delivery/Indefinite Quantity (IDIQ) (1st Reading 12/15/15)
Ordinance appropriating $400,725.04 from the Unreserved Fund
Balance in No. 1041 Street Fund for the Traffic Signal and Street
Lighting Improvements IDIQ project; changing the FY 2015-2016
Operating Budget adopted by Ordinance No. 030620 by increasing
expenditures by $400,725.04; authorizing the City Manager, or
Designee, to execute a construction contract with Siemens Industry,
Inc. of Austin, Texas in the amount of$721,485.80 for the initial year
with the option of four one-year extensions that may be
administratively approved; and authorizing the City Manager to
proceed with the design of IDIQ delivery orders for the base year by
executing Amendment No. 1 to a Professional Service Agreement with
Maldonado-Burkett Intelligent Transportation Systems, LLP in the
amount of$32,211.73 for a restated fee of$71,725.04 for the Traffic
Signal and Street Lighting Improvements IDIQ project.
This Ordinance was passed on second reading on the Consent Agenda.
Enactment No: 030730
14. Second Reading Ordinance-Construction Contract and
Construction Materials Testing Agreement for Ocean Drive from
Buford Street to Louisiana Avenue(BOND 2012) (1st Reading
12/15/15)
Ordinance amending the FY 2016 Capital Improvement Budget
adopted by Ordinance No. 030621 by transferring $3,500,000 to the
Ocean Drive from Buford to Louisiana Avenue project; increasing
expenditures in the amount of$3,500,000; and authorizing the City
Manager, or designee, to execute a construction contract with Bay,
Ltd. of Corpus Christi, Texas in the amount of$11,012,338.66 for the
total base bid and to execute an agreement for construction material
testing in the amount of$68,292.00 with Rock Engineering Testing
Laboratory, Inc. for the Ocean Drive from Buford Street to Louisiana
Avenue BOND 2012 street project.
This Ordinance was passed on second reading on the Consent Agenda.
Enactment No:030731
12. Second Reading Ordinance-Accepting and appropriating
developer fees and interest earnings into the Community
Enrichment fund for park improvements(1st Reading 12/15/15)
Ordinance authorizing the City Manager or designee to execute all
documents necessary to accept and appropriate$872,005.99 in
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developer contributions and interest earnings in the 4720 Community
Enrichment Fund for park improvements and other related projects.
Mayor Martinez referred to Item 12.Director of Parks and Recreation Jay
Ellington stated that the purpose of this item is to utilize the Community
Enrichment Fund the develop and enhance the park system.Council members
spoke regarding the following topics:This Ordinance was passed on second
reading and approved with the following vote:the process to respond to
residents that request funding for specific projects;the repairs for St Denis
Park;and requesting that staff provide the information requested by a resident
Council Member Garza made a motion to approve the ordinance,seconded by
Council Member Rubio.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:030729
5. Professional Services Contract Extension for Mary Rhodes
Pipeline Phase 2
Motion authorizing the City Manager or designee to extend
construction management services by executing Amendment No. 14 to
the professional services contract with Freese and Nichols, Inc. of
Corpus Christi, Texas in the amount of$513,767 for a total restated
fee not to exceed $15,949,042 for Mary Rhodes Pipeline Phase 2.
Mayor Martinez referred to Item 5.In response to a council member,Director of
Engineering Services Jeff Edmonds stated the purpose of the amendment is to
extend the oversite services from Freese and Nichols,to take the project to the
completion date.Mr.Edmonds said the contractor is behind schedule on the
project and the reasons will be provided at the end of the contract.Mr.
Edmonds stated that the City fully expects to recover the amount of this
amendment from liquidated damage penalties.
Council Member Rubio made a motion to approve the motion,seconded by
Council Member Garza.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: M2016-002
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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 referred to comments from the
public.Greg Smith,1746 Glenoak,provided an update on the Island Strategic
Action Committee's January meeting:public comment on the new beach
crews;and the election of new officers,Chair Libby Edwards and Vice-Chair
William Goldston.Carolyn Moon,4902 Calvin,spoke regarding the following
topics:a request for the City Council to consider replacing the upcoming
council member vacancy with a representative of the Hillcrest area and
opposition to the new security system and parking at City Hall.Jack Gordy,
4118 Bray,spoke regarding the palm trees located on the sidewalk on Airline
Road.Barbara Gennaway,7022 Mona Lisa,and Stacy Palacios,7313 Candy
Ridge,addressed the needs to improve animal welfare in the City and
requested consideration for additional funding for Animal Care Services.Brian
Franklin,3034 Cedar Springs Road,spoke regarding safety issues with the
off-ramp on Rodd Field Road and the need for a yield sign.Colin Sykes,309
Aberdeen,requested that the City Council support a resolution to change the
decision by the U.S.Supreme Court on Citizens United.Gloria Randall Scott,
4422 S.Alameda,requested that the City Council consider racially diversifying
the composition of the Council when making the appointment to the upcoming
council member vacancy and provided the recommendation of Guy Nicholson.
Sir Fredrick von USA King 7th,1142 Arlington Drive,thanked City Manager
Olson for cleaning improvements at City Hall and requested that an Asian
American be considered to fill the future vacancy on the City Council.Susie
Luna Saldana,4710 Hakel,thanked City Manager Olson for his selection of
Mike Markle as Police Chief.Jewel Wilson,6102 Allencrest Circle,thanked City
Manager Olson for his selection of Mike Markle as Police Chief and asked the
City Council to consider selecting a member of the black community to the
upcoming vacancy in the office of council member.Abel Alonzo,1701 Thames,
thanked City Manager Olson for his selection of Mike Markle as Police Chief.
Mr.Alonzo also thanked Assistant City Manager Susan Thorpe for her work
during her time with the City and Council Member Riojas for her service to the
community.Dan Stiefel,6773 Wood Iron; Larry Bray,1825 Airline Road;Mark
Tandy,1330 Peterson;and Julie Tandy,1330 Peterson,spoke regarding the
impacts being made to taxi cab companies and independent drivers caused by
transportation network companies,Uber and Lyft,operating illegally in the
City.Coretta Graham,5617 Bonner,spoke regarding the following topics:Item
36 regarding prohibiting solication and transportation network companies.Ms.
Graham stated that the amendment to the ordinance will not address the
homelessness issue and encouraged the City to address the homelessness
issue as a community.Ms.Graham also recommended looking at other cities
that have Uber operating in their community.
The following individuals spoke in support of Item 36,amending the City Code
to prohibit solicitation in specific areas of the City:Bob Catalano,209 Surfside;
Barbara Welder,202 Reef Avenue;Terry Sweeney,Executive Director of the
Downtown Management District,223 N.Chaparral Street;Carrie Robertson
Meyer,4401 Gulfbreeze Boulevard;Jennifer Ramos,resident of North Beach;
Barbara Cowling,202 Reef;Darlene Gregory,3237 Bimini;David Cowling,4522
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Gulfbreeze Boulevard;Michael Kennedy,202 Reef Avenue; and Rocco
Montesano,221 Riatta,and on behalf of U.S.S.Lexington and Texas State
Aquarium.John Kelley,3621 Austin,spoke regarding Item 36,and stated that
the ordinance is not going to solve the homelessness problem until there is a
comprehensive plan to address the issue of homelessness.Matt Lohmeier,121
Naples,spoke on behalf of the Emerging Clergy Alliance,and requested that
Item 36 be delayed until there is a comprehensive way to address
homelessness and panhandling.
REGULAR AGENDA: (ITEM 25)
25. Appointment of Police Chief
Motion confirming the City Manager's appointment of Mike Markle as
Police Chief.
Mayor Martinez referred to Item 25,confirmation of the Mike Markle as Chief of
Police.Mayor Martinez called for comments from the public.Sir Frederick von
King 7th,asked the City Council to consider a five-year no-fault clause in the
Police Chief's employment contract.City Manager Olson provided a summary
of the selection process for the position of Police Chief and stated that Mike
Markle rose to the top and clearly was the most qualified candidate for the
position.City Manager Olson stated that it is his honor to present Mike Markle
as his selection for the next Police Chief and requested confirmation from the
City Council.
Council Member Riojas made a motion to approve the motion,seconded by
Council Member McIntyre.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: M2016-004
L. RECESS FOR CORPORATION MEETING: (ITEM 15)
Mayor Martinez recessed the regular Council meeting to hold a meeting of the
Corpus Christi Housing Finance Corporation.
15. Special Board Meeting of the Corpus Christi Housing Finance
Corporation
The Corporation Meeting was held.
M. RECONVENE COUNCIL MEETING
Mayor Martinez reconvened the regular Council meeting.
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N. EXECUTIVE SESSIONS: (ITEMS 16 - 18)
Mayor Martinez referred to the day's executive sessions.The Council went into
executive session.
16. Executive session pursuant to Texas Government Code§551.071
for consultation with attorneys regarding collective bargaining matters
and/or the collective bargaining agreements between the City of
Corpus Christi and the Corpus Christi Firefighters Association.
This E-Session Item was discussed in executive session.
17. Executive Session pursuant to Texas Government Code§551.076
concerning deployment or implementation of security personnel and/or
devices related to City Hall and other City structures.
This E-Session Item was discussed in executive session.
18. Executive Session pursuant to Texas Government Code§551.071
and Texas Disciplinary Rules of Professional Conduct Rule 1.05 to
consult with attorneys concerning employment law related claims, City
Charter provisions, potential discovery in personnel litigation, and other
matters that impact the City position in ongoing or potential litigation,
and pursuant to Texas Government Code § 551.074 (Personnel
Matters) to discuss the appointment, employment, and duties of, and
complaints concerning, public officers or employees, including, but not
limited to, members of the City Council.
This E-Session Item was discussed in executive session.
O. PUBLIC HEARINGS: (ITEMS 19 -24)
19. Public Hearing and First Reading Ordinance-Rezoning property
located at 6425 King Trail (3/4 Vote Required) (Tabled on 12/8/15)
Case No. 1015-02 Edward Gonzalez: A change of zoning from the
"RE" Residential Estate District to the"RS-22" Single-Family 22
District, resulting in a change to the Future Land Use Map from estate
residential uses to low density residential uses. The property is
described as Lot 21, Block 2, The Coves at Lago Vista Unit 3, located
approximately 1,200 feet east of King Ranch Drive and 600 feet south
of the corner of Oso Parkway and Green Jay Court.
Planning Commission and Staff Recommendation (November 4,
2015):
Approval of the change of zoning from the"RE" Residential Estate
District to the"RS-22" Single-Family 22 District.
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Ordinance:
Ordinance amending the Unified Development Code ("UDC"), upon
application by Edward Gonzalez ("Owner"), by changing the UDC
Zoning Map in reference to Lot 21, Block 2, The Coves at Lago Vista
Unit 3, from the "RE" Residential Estate District to the "RS-22"
Single-Family 22 District; amending the Comprehensive Plan to
account for any deviations; and providing for a repealer clause and
publication.
Mayor Martinez referred to Item 19.Interim Director of Development Services
Dan McGinn stated that the purpose of this item is to rezone the subject
property to allow replatting of four(4)lots.Mr.McGinn stated that the Planning
Commission and staff are in favor of the zoning change.Mr.McGinn reported
that there is significant opposition which will require a majority vote of the City
Council.The opposition dropped from 56%to 22%.
Mayor Martinez opened the public hearing.Victor Medina,2460 Cricket Hollow,
representative for the property owner,explained that the property was
purchased in 2011 and the rezoning request is to allow the subject property to
be consistent with the subdivision.Mr.Medina said abutting property owners
were not aware of the plans for the property and have since changed their
position.Mr.Medina added that the property owner is willing to comply with
the abutting property owners and participate in the development of the streets.
Mayor Martinez closed the public hearing.
A council member spoke regarding the following topics:the condition of King
Trail;the drop in opposition by the abutting property owners;and the
participation in the development of the streets.
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
20. Public Hearing and First Reading Ordinance-Rezoning property
located at 6201 and 6301 McArdle Road
Case No. 1115-01 Charlie Thomas' Courtesy Ford, Inc.: A change of
zoning from the"RM-1" Multifamily 1 District, "RM-AT" Multifamily AT
District, "RM-3" Multifamily 3 District and the "CN-1" Neighborhood
Commercial District to the"CN-1" Neighborhood District(Tract 1) and
"CG-2" General Commercial District(Tract 2), resulting in a change to
the Future Land Use Map from medium density residential to
commercial uses. The property is described as a 100 foot wide tract
being 2.2763 acres of land (Tract 1) and a 9.8511 acre tract of land
(Tract 2) in a portion of Lots 5 and 6, Block 1, Dusty Hills, located
along the south side of McArdle Road between Prince Drive and Clare
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Drive.
Planning Commission and Staff Recommendation (December 2,
2015):
Tract 1 - Denial of the change to "CN-1" Neighborhood Commercial
District and, in lieu thereof, approval of the "RM-1/SP" Multifamily 1
District with a Special Permit for vehicle parking associated with
automobile sales and service, subject to a site plan and ten conditions.
Tract 2 -Approval of the"CG-2" General Commercial District.
Ordinance:
Ordinance amending the Unified Development Code ("UDC"), upon
application by Charlie Thomas' Courtesy Ford, Inc. on behalf of Patrick
and Amy Nolan ("Owners"), by changing the UDC Zoning Map in
reference to a 100 foot wide tract being 2.2763 acres of land (Tract 1)
and a 9.8511 acre tract of land (Tract 2) in a portion of Lots 5 and 6,
Block 1, Dusty Hills, from the"RM-1" Multifamily 1 District, "RM-AT"
Multifamily AT District, "RM-3" Multifamily 3 District and the"CN-1"
Neighborhood Commercial District to the"RM-1/SP" Multifamily 1
District with a Special Permit(Tract 1) and to the"CG-2" General
Commercial District (Tract 2); amending the Comprehensive Plan to
account for any deviations; and providing for a repealer clause and
publication.
Mayor Martinez referred to Item 20.Interim Director of Development Services,
Dan McGinn,stated that the purpose of this item is to rezone the subject
property on Tracts 1 and 2 to allow for the expansion of the existing auto
dealership and vehicle storage.Mr.McGinn stated that the Planning
Commission and staff are in favor of the following:Tract 2-approval of the
"CG-2"General Commercial District on Tract 2;and Tract 1 -denial of the
change to"CN-1"neighborhood Commercial District,and in lieu thereof,
approval of the"RM-1/SP"Multifamily 1 District with a Special Permit subject
to 11 conditions.
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 Vaughn.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
21. Public Hearing and First Reading Ordinance-Rezoning property
located at 6122 Kostoryz Road
Case No. 1215-01 Venamex, LLC: A change of zoning from the"ON"
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Office District to the"CN-1" Neighborhood Commercial District, not
resulting in a change to the Future Land Use Map. The property is
described as Lot 1, Block 1, Bridges Mill Village Unit 1, located on the
northeast corner of Kostoryz Road and Masterson Drive.
Planning Commission and Staff Recommendation (December 2,
2015):
Approval of a change from the"ON" Office District to the"CN-1"
Neighborhood Commercial District.
Ordinance:
Ordinance amending the Unified Development Code ("UDC"), upon
application by Venamex, LLC ("Owner"), by changing the UDC Zoning
Map in reference to Lot 1, Block 1, Bridges Mill Village Unit 1, from the
"ON" Office 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.
Mayor Martinez referred to Item 21.Interim Director of Development Services
Dan McGinn stated that the purpose of this item is to rezone the subject
property to develop a a commercial retail center.Mr.McGinn stated 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
public.Mayor Martinez closed the public hearing.
In response to a council member,Assistant Director of Development Services
Julio Dimas stated that the work that is taking place on the subject property is
allowed under the current zoning.The applicant requested the change of
zoning for another tenant at the subject property.
Council Member Rubio 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
22. Public Hearing and First Reading Ordinance -Rezoning property
located at 1010 Laredo Street
Case No. 1215-02 LWW Enterprises, LLC: A change of zoning from
the"RM-3" Multifamily 3 District to the"Cl" Intensive Commercial
District, resulting in a change to the Future Land Use Map from
medium density residential to commercial uses. The property is
described as Lot 14, Block 13, Central Wharf and Warehouse
Company's Subdivision (commonly described as South Bluff), located
on the north side of Laredo Street between South Staples Street and
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King Street.
Planning Commission and Staff Recommendation (December 16,
2015):
Approval of the change of zoning from the"RM-3" Multifamily 3 District
to the"Cl" Intensive Commercial District.
Ordinance:
Ordinance amending the Unified Development Code ("UDC"), upon
application by LWW Enterprises, LLC ("Owner"), by changing the UDC
Zoning Map in reference to Lot 14, Block 13, Central Wharf and
Warehouse Company's Subdivision (commonly described as South
Bluff), from the"RM-3" Multifamily 3 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 22.Interim Director of Development Services
Dan McGinn stated that the purpose of this item is to rezone the subject
property to allow the construction of a showroom space and expand the
existing business.Mr.McGinn stated 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.
Council Member Garza 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: 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. Public Hearing and First Reading Ordinance - Rezoning property
located at 1642 Clare Drive (314 vote required)
Case No. 1215-03 Roque Enriquez: 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 Map from low density
residential to medium density residential uses. The property is
described as being a 0.671 acre tract of land being the south 55.0 feet
of Lot 23, and all of lot 24, Block 6, Woodlawn Estates, located on the
northeast corner of Clare Drive and Williams Drive.
Staff Recommendation:
Denial of the change of zoning from the "RS-6" Single-Family 6
District to the"RM-1" Multifamily 1 District and, in lieu thereof, approval
of a change to the"RS-TH"Townhouse District.
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Planning Commission Recommendation (December 16, 2015):
Denial of the change of zoning from the"RS-6" Single-Family 6 District
to the"RM-1" Multifamily 1 District and denial of the staff
recommendation of"RS-TH"Townhouse District.
Ordinance (Staff Recommendation):
Ordinance amending the Unified Development Code ("UDC"), upon
application by Roque Enriquez ("Owner"), by changing the UDC
Zoning Map in reference to a 0.671 acre tract of land being the south
55.0 feet of Lot 23, and all of lot 24, Block 6, Woodlawn Estates, from
the"RS-6"Single-Family 6 District to the"RS-TH"Townhouse District;
amending the Comprehensive Plan to account for any deviations; and
providing for a repealer clause and publication.
Mayor Martinez referred to Item 23.Interim Director of Development Services
Dan McGinn stated that the purpose of this item is to rezone the subject
property to allow for the construction of multifamily.Mr.McGinn stated that
staff recommended denial of the change of zoning to the"RM-1"Multifamily
District,and in lieu thereof,approval of a change to the"RS-TH"Townhouse
District Mr.McGinn stated that the Planning Commission recommended denial
of the change of zoning to the"RM-1"Multifamily District and denial of the
staffs recommendation of the"RS-TH"Townhouse District Mr.McGinn said
the opposition is over 60%and requires a 3/4 majority vote of the City Council.
Mayor Martinez opened the public hearing.Victor Medina,2460 Cricket Hollow,
representative of the applicant,explained that the opposition to the zoning
change is because of concern that three-story apartments would be built After
the recommendation from staff for the"RS-TH"zoning,the applicant is in
agreement to develop townhomes on the subject property.Mr.Medina stated
that the subject property has been vacant for 17 years and is not feasible for
residential lots.Tara Schultz,1625 Clare Drive,spoke in opposition to the
zoning change and expressed concern with traffic flow and parking.Abel
Alonzo,1701 Thames,expressed concern on the housing shortage and spoke
in support of the rezoning.
Council members spoke regarding the following topics:the applicant's
acceptance of staffs recommendation;location of the entrance and exit to the
subject property;the opportunity for additional affordable housing;the
number of townhome units proposed;the distinction between multifamily and
townhome zoning;the reason the Planning Commission recommended denial
of staffs recommendation;the number of years the property was vacant under
the current zoning;inclusion of the Planning Commission's vote on future
zoning cases;the"RS-TH"zoning creating a barrier to Williams Drive;the area
transitioning to commercial;the last time there was new residential
construction in the area;whether there is a process to ensre that heavy trucks
will not be able to access Clare Drive;and the timeline for development Mayor
Martinez closed the public hearing.
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:
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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
24. Public Hearing and First Reading Ordinance-Rezoning property
located at 5825 Up River Road
Case No. 1215-04 John Dunn Walsh: A change of zoning from the
"IH" Heavy Industrial District to the"RE" Residential Estate District,
resulting in a change to the Future Land Use Map from heavy
industrial uses to estate residential uses. The property is described as
being a 2.00 acre tract of land, of the Rincon del Oso Grant to Enrique
Villarreal, Abstract 1, Survey No. 142, out of a 17.75 acre tract
described as Real Property 1, in an Inventory and Appraisement
Document No. 262134-1 as recorded in Volume 703, Page 139 of the
Court Records of Nueces County Texas, being a portion of a 29.67
acre tract called the Katie and Alice Dunn Home tract, in the said
Document and being a portion of a 110 acre tract described in a deed
from Jonas Pickles, et ux, Eliza Pickles to John Dunn as recorded in
Volume H, Page 627 of the Deed Records of Nueces County, Texas,
located approximately 850 feet south of Up River Road and east of
County Road 52A and west of Lantana Street.
Planning Commission and Staff Recommendation (December 16,
2015):
Approval of the change of zoning from the "IH" Heavy Industrial District
to"RE" Residential Estates District.
Ordinance:
Ordinance amending the Unified Development Code ("UDC"), upon
application by John Dunn Walsh ("Owner"), by changing the UDC
Zoning Map in reference to a 2.00 acre tract of land, of the Rincon del
Oso Grant to Enrique Villarreal, Abstract 1, Survey No. 142, out of a
17.75 acre tract described as Real Property 1, in an Inventory and
Appraisement Document No. 262134-1 as recorded in Volume 703,
Page 139 of the Court Records of Nueces County Texas, being a
portion of a 29.67 acre tract called the Katie and Alice Dunn Home
tract, in the said Document and being a portion of a 110 acre tract
described in a deed from Jonas Pickles, et ux, Eliza Pickles to John
Dunn as recorded in Volume H, Page 627 of the Deed Records of
Nueces County, Texas, from the"IH" Heavy Industrial District to the
"RE" Residential Estate District; amending the Comprehensive Plan to
account for any deviations; and providing for a repealer clause and
publication.
Mayor Martinez referred to Item 24.Interim Director of Development Services
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Dan McGinn stated that the purpose of this item is to rezone the subject
property to allow for the reconstruction of a single-family home.Mr.McGinn
stated 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
public.Mayor Martinez closed the public hearing.Council members
acknowledged staffs work on the zoning cases today and the residential
development in the subject property area.
Council Member Rubio 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: 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. REGULAR AGENDA: (ITEMS 26 -27)
26. Resolution approving the Affordable Housing -Type A Pilot
Program
Resolution approving the Affordable Housing -Type A Pilot Program
which uses Type A funds for up front/interim construction costs for a
qualified builder to construct a new affordable home for an
income-qualified homebuyer.
Mayor Martinez referred to Item 26.Assistant City Manager Susan Thorpe
stated that the purpose of this item is to request approval for the updated
proposed Affordable Housing-Type A Pilot Program.Assistant City Manager
Thorpe provided a brief overview of the changes incorporated to the program
guidelines.Mayor Martinez called for comments from the public.Abel Alonzo,
1701 Thames,spoke in support of the program.John Kelley,3621 Austin,
spoke regarding a proposal provided to the City by the Bay Area Smart Growth
Initiative on how to redevelop entire neighborhoods.
Council members spoke regarding the following topics:the review of
homebuilders interested in working with the project;that there is at least more
than one builder interested in the project;referring to affordable housing as
housing that is affordable;the process for submitting proposals to become a
builder;the next steps for affordable housing;urging the City to be more
comprehensive in approaches to affordable housing;the use of incentives by
right;communication to the public;the estimated maximum price for the
home;the cost of other homes in the area;targeting neighborhoods with other
existing programs,such as Code Enforcement or Model Block Programs;
domino effect revitalization;code violations in the area;a future presentation
on all the programs that can be incorporated;concern with gentrification.
Council Member Rubio made a motion to approve the resolution,seconded by
Council Member McIntyre.This Resolution was passed and approved with the
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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: 030732
27. Discussion and consideration of the process to fill a vacancy in
the office of council member.
Motion that the City Council accept applications for the vacant at-large city
council positions (effective February 24, 2016), and require that all
applications be filed in the Office of the City Secretary which shall include: 1.
Application for Appointment to the City Council, 2. City's Report of Financial
Information, 3. Questionnaire; and adopting the following schedule:
Schedule
Jan. 19, 2016- Executive session to consider and develop three to five
questions for the questionnaire
Jan.25-Feb. 29, 2016-Accept applications
March 3-7, 2016- Individual council member review of applications
March 8, 2016- Executive session to consider applications/appoint in open
session/or determine if interviews are necessary
Mayor Martinez referred to Item 27.City Secretary Rebecca Huerta stated that
the purpose of this item is to discuss the process to filling the vacancy created
by Council Member Lillian Riojas'resignation.Council Member Riojas'
resignation is effective February 24,2016.City Secretary Huerta presented the
following information:research on the process used by prior City Councils
from the 1990s to present;the common practices;and a suggested timeline to
fill the upcoming vacancy.
Mayor Martinez called for comments from the public.Larry White
recommended that prior to receiving applications,the City Council consider
the following:diversity,difference in experience;cultural backgrounds for the
betterment of the community;the needs of the City;and an individual who
understands the organization.Dr.Maurice Fortis spoke regarding the
tremendous opportunity the City Council has to select an individual that has
the experience,qualifications and meets the needs of the community.Abel
Alonzo,1701 Thames,stated that the selection of a council members should
not be based on race,ethnicity,or gender and encouraged the Council to focus
on an individual that can lead Corpus Christi into the future and community at
the local,state,and federal levels.Reverend Claude Axel commended the City
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Council for their work and requested that the Council consider a representative
from the black community.Susie Luna Saldana,4710 Hakel,asked the Council
to consider appointing a representative for the entire community to bring
positive change.Barbara Williams,4023-A Oak Bay Drive,stated that there has
not been black representation on the City Council in last 30 years and
expressed the need for representation from the black community.John Kelley,
3621 Austin,recommended that the fair way to fill the upcoming vacancy is to
take the person who received the next most votes at large from the November
2014 election.Jeremy Coleman spoke regarding the opportunity for visible,
adequate representation from the African-American community.Margareta
Fratila,3606 Tripoli Drive,requested to be considered for the upcoming
vacancy.
Council members spoke regarding the following topics:the timeline for
accepting applications;the sample application;whether a campaign treasurer
report is requested;an explanation of the individual council review of
applications;support for the prior practices that have been used;the
importance of appointing an applicant that can communicate with the people
and knowledge of the City Council's major topics;including a process in open
session;and development of a questionnaire to include with application
packet
Council Member Garza made a motion to accepted the suggested timeline,
seconded by Council Member Magill and passed unanimously.
Council Member Magill made a motion directing the City Secretary to include in
the timeline an executive session on the January 19,2016 City Council agenda
to determine three to five questions that all of the applicants will have the
opportunity to answer,seconded by Council Member Garza and passed
unanimously.
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: M2016-005
Q. FIRST READING ORDINANCES: (ITEMS 28 -36)
28. First Reading Ordinance-Accepting and appropriating grant
funds for the Latchkey Afterschool Snack Program
Ordinance authorizing the City Manager or designee to execute all
. documents necessary to accept a grant in the amount of$153,645
from the Texas Department of Agriculture; appropriating grant in the
No. 1067 Parks and Recreation Grants Fund for the Latchkey
Afterschool Snack Program.
Mayor Martinez referred to Item 28.Director of Parks and Recreation Jay
Ellington stated that Items 28,29,and 31 are related to grants awarded to the
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Parks and Recreation Department. The purpose of Item 28 is to accept and
appropriate a grant from the Texas Department of Agriculture for the Latchkey
Afterschool Snack Program.The purpose of Item 29 is to accept and
appropriate a grant from the Corporation for National and Community Service
for the Retired Senior Volunteer Program(RSVP).The purpose of Item 31 is to
accept and appropriate a grant from the Corporation for National and
Community Service for the Senior Companion Program(SCP).There were no
comments from the Council or the public on Items 28,29,and 31.
Council Member Garza made a motion to approve Items 28,29,and 31,
seconded by Council Member Rosas.The 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
29. First Reading Ordinance-Accepting and appropriating grant
funds; transferring matching funds for the Retired Senior
Volunteer Program (RSVP)
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 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.
This item was discussed during Item 28.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
31. First Reading Ordinance -Accepting and appropriating State
grant funds; transferring and appropriating matching funds for
the Senior Companion Program
Ordinance authorizing the City Manager or designee to execute all
documents necessary to accept a$5,756 State grant awarded by the
Corporation for National and Community Service for the Senior
Companion Program; appropriating the $5,756 State grant in the No.
1067 Parks and Recreation Grants Fund; transferring $76,903 from
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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 Grants fund.
This item was discussed during Item 28.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
30. First Reading Ordinance- Lease Agreement Renewal with Gulf
Coast Gem and Mineral Society
Ordinance authorizing the City Manager, or designee, to execute
three-year lease agreement with Gulf Coast Gem and Mineral Society
for the use of City property at 3933 Timon.
Mayor Martinez referred to Item 30.Director of Parks and Recreation Jay
Ellington stated that the purpose of this item is to renew a lease with the Gulf
Coast Gem and Mineral Society for the use of City property on North Beach.
There were no comments from the Council or the public.
Council Member Riojas 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: 8- Mayor Martinez,Council Member Garza,Council Member Magill, Council
Member McIntyre,Council Member Riojas,Council Member Rubio,
Council Member Scott and Council Member Vaughn
Absent: 1 - Council Member Rosas
Abstained: 0
32. First Reading Ordinance-Closing a utility easement located
south of Park Road 22 and north of Whitecap Boulevard
Ordinance abandoning and vacating a 1,687.50-square foot portion of
an existing 15-foot wide utility easement out of a part of Lot 39A, Block
72, Padre Island-Corpus Christi Subdivision, located south of Park
Road 22 and north of Whitecap Boulevard; and requiring the owner,
Valtex Investments, LLC to comply with the specified conditions.
Mayor Martinez referred to Item 32.Assistant Director of Development Services
Julio Dimas stated that the purpose of this item is to abandon and vacate an
existing utility easement to allow for the construction of a new residential
home.There were no comments from the Council or the public.
Council Member McIntyre made a motion to approve the ordinance,seconded
by Council Member Scott.The Ordinance was passed on first reading and
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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 Scott
Absent: 1 - Council Member Vaughn
Abstained: 0
33. First Reading Ordinance-Approving Agreement and
appropriating funds to reimburse developer for the construction
of awater arterial transmission and grid main line located along
the south side of Agnes Street(State Highway 44), east of North
Clarkwood Road and north of Buckholt Road
Ordinance authorizing city manager or designee to execute a water
arterial transmission and grid main construction and reimbursement
agreement("Agreement")with JCL Properties, ("Developer"), for the
construction of a water arterial transmission and grid main line and
appropriating $40,766.50 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 33.Assistant Director of Development Services
Julio Dimas stated that the purpose of this item is to execute a water arterial
transmission and grid main construction and reimbursement agreement with
JCL Properties in the amount of$40,766.50 for the construction of a water
arterial transmission and grid main.There were no comments from the Council
or the public.
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
34. First Reading Ordinance - Commercial Land Lease Renewal
Agreement(Tabled 1/12/16)
Ordinance authorizing the City Manager, or designee, to execute a
Commercial Land Lease Renewal Agreement with BBC Capital, Ltd.,
for a 1.068-acre tract of land and a 0.20-acre tract of City owned land
for use in their recreational vehicle park called Puerto del Sol .RV Park,
located at the northern end of North Beach at 5100 Timon Boulevard,
for the monthly fee of $572.00 per month for a second five year term
beginning January 1, 2016 and ending December 31, 2020.
Mayor Martinez referred to Item 34.Executive Director of Public Works Valerie
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Gray stated that the purpose of this item is to execute a Commercial Land
Lease Renewal Agreement with BBC Capital,Ltd.for the use of City-owned
property located on North Beach at 5100 Timon Boulevard.The lease
agreement is for twenty(20)years compromised of four consecutive five-year
terms.The initial five-year lease agreement was approved by the City Council
in 2011,and each renewal of a new five-year term requires City Council
approval.There were no comments from the public.Mayor Martinez recused
herself from the discussion on this item.
Council members spoke regarding the following topics:the monthly fee for the
second five-year term;the opportunity to receive current market values;and
consideration to table this item.
Council Member Garza made a motion to table Item 34,seconded by Council
Member Rubio and passed unanimously.
35. First Reading Ordinance - Appropriating funds for an Engineering
Design Contract for McGee Beach Breakwater Improvements
Ordinance amending the FY 2016 Capital Improvement Progam
budget adopted by Ordinance No. 030621 to add project No. E15219
McGee Beach Breakwater Improvements; increasing revenues and
expenditures in the amount of $21,900; and authorizing the City
Manager, or designee, to execute a professional services contract with
HDR Engineering, Inc. of Corpus Christi, Texas in the amount of
$19,900 to provide an updated concept assessment and opinion of
probable construction cost for breakwater improvements at McGee
Beach as recommended by the Corpus Christi Business and Job
Development Corporation (Type A Board).
Mayor Martinez referred to Item 35.Director of Engineering Services Jeff
Edmonds stated that the purpose of this item is to execute a professional
services contract with HDR Engineering,Inc.to begin a preliminary study for
the breakwater improvements at McGee Beach.Mr.Edmonds stated that this
item was recommended by the Corpus Christi Business and Job Development
Corporation(Type A Board).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 and
approved with the following vote:
Aye: 8- Mayor Martinez,Council Member Garza, Council Member Magill, Council
Member McIntyre,Council Member Riojas,Council Member Rosas,
Council Member Scott and Council Member Vaughn
Absent: 1 - Council Member Rubio
Abstained: 0
36. First Reading Ordinance-Amending City Code to prohibit
solicitation in specific areas of the City
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Ordinance amending Article II Unlawful Solicitation of the Corpus
Christi Code of Ordinance to prohibit solicitation in the Central
Business District, North Beach and on private property without
permission; prohibiting solicitation within 25 feet of an ATM, bank,
public transportation stop or outdoor dining area; Providing for
severance, publication, penalty; and an effective date.
Mayor Martinez referred to Item 36.Assistant City Manager Susan Thorpe
stated that the purpose of this item is to consider amending Article II,Unlawful
Solicitation,of the City of Corpus Christi's Code of Ordinances to prohibit
solicitation in the Central Business District,North Beach and on private
property without permission;and prohibiting solicitation within 25 feet of an
ATM,bank,public transportation stop or outdoor dining area.Assistant City
Manager Thorpe explained that numerous businesses and tourist facilities in
the Central Business District and North Beach reached out to the City
requesting that the City be more assertive in regards to safety and nuisance
activities in their areas by taking stronger action against increasing levels of
panhandling and aggressive behavior.Assistant City Manager Thorpe
explained that staff sought input from numerous groups regarding these
proposed changes.In addition,staff has been actively working on several
positive alternatives to panhandling including:the installation of
specially-marked parking meters to donate to homeless shelters;a food
voucher program;installing"Keep the Change:signs; public service
announcements;and working with the homeless providers to create a
assistance support handout.
Council Member McIntyre made a motion directing the City Manager to come
back with information regarding the viability or survivability of a time-of-day
panhandling ordinance city-wide,seconded by Council Member Scott and
passed unanimously.
Council members spoke regarding the following topics:this action being a
small portion of the solution to homelessness;the alternatives to providing
funds to the homeless;outreach to panhandlers regarding the change to this
ordinance;the reason that businesses located at Airline/Staples/SPID are not
addressed;the selection of the small-geographical area to make the ordinance
as constitutional as possible;consideration to develop a system similar to the
City of Albuquerque to offer day work instead of citations for panhandling;the
ability to set time constraints for panhandling to occur city-wide;enforcement
of the ordinance;the cost to have the specially-marked meters installed;
current ordinances addressing loitering;changing the behavior of citizens;
concern that the ordinance will shift the panhandling behavior to other areas of
town;examples of the unconstitutional issues related to this ordinance;
panhandlers being victimized;whether this ordinance provides the capability
for police to see if the panhandlers have warrants;and delaying the effective
date of the ordinance.
Mayor Martinez called for comments from the public.The following individuals
spoke in opposition to the ordinance:Father Sean Maloney,622 Airline;Linda
McKamie,1279 Glenoak Drive;and Betty Barry.Reverend Carol Murphy,6306
Wimbledon Circle,spoke in support of the ordinance.Jesse Elizondo,Chair of
the Homeless Issues Partnership,spoke in support of the alternatives to
panhandling and continuing outreach to address homelessness.
Mayor Martinez made a motion to amend the ordinance to be effective upon 60
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days after passage on second reading,seconded by Council Member Scott and
passed unanimously;Vaughn abstained.
Council Member Scott made a motion to approve the ordinance as amended,
seconded by Council Member Rubio.This ordinance was passed on first
reading as amended 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 Scott
Absent: 1 - Council Member Vaughn
Abstained: 0
R. FUTURE AGENDA ITEMS: (ITEMS 37 -44)
Mayor Martinez referred to Future Agenda Items.City Manager Olson stated
that staff had a planned presentation on Item 38.
37. Lease Agreement for Clara Driscoll Field for a youth baseball
program
Motion to authorize the City Manager or designee to execute a
Five-year Surface Lease Agreement with the Robert and Julia Driscoll
and Robert Driscoll Jr. Foundation to lease 4.23 acres of land known
as Clara Driscoll Field located at 4235 Baldwin Blvd. to be used for a
youth baseball program.
This Motion was recommended to the consent agenda.
38. Resolution for the acquisition of real property rights by eminent
domain for the Island Gate Plaza Center Alternative Access
Project
Resolution of the City Council of the City of Corpus Christi, Texas (1)
determining the public necessity and public use for the acquisition of a
Right-of-Way and Temporary Construction Easement known as Parcel
3 for a street improvement project known as the Island Gate Plaza
Center Alternative Access Project, Bond 2004; (2) authorizing the City
Manager or his designee to negotiate and execute all documents
necessary to acquire the property interests subject to availability of
funds appropriated for such purposes; (3) authorizing the City
Manager to institute condemnation by eminent domain proceedings to
acquire the easement interests in the property owned by Kimco
Corpus Christi L.P.; (4) authorizing payment pursuant to an award by
Special Commissioners; (5) authorizing acceptance and recording of
appropriate legal instruments; and (6) approving condemnation for all
units of property to be acquired by condemnation the parcel of land
described herein by a single record vote of the City Council.
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This Resolution was recommended to the consent agenda.
39. Construction Contract for Corpus Christi International Airport
(CCIA) Runway 18 Medium Approach Light System with Runway
Alignment Indicator Lights (MALSR) Station numbers 12 and 14
for safety and site improvements
Motion authorizing the City Manager, or designee, to execute a
construction contract with Bay, Ltd. of Corpus Christi, Texas in the
amount of$523,153 for the Corpus Christi International Airport (CCIA)
Runway 18 Medium Approach Light System with Runway Alignment
Indicator Lights (MALSR) Stations 12 & 14 Access Safety & Site
Improvements for the Base Bid, with 90% of the contract funded by
Federal Aviation Administration (FAA) grant.
This Motion was recommended to the consent agenda.
40. Testing Agreement Amendment No. 1 to prepare the annual
groundwater monitoring report required by the Texas
Commission on Environmental Quality (TCEQ)at Cefe Valenzuela
Municipal Landfill for FY 2015-2016
Motion authorizing the City Manager, or designee, to extend the
timeframe of the agreement by executing Amendment No. 1 to a
testing agreement with Tolunay-Wong Engineers of Corpus Christi,
Texas in the amount of$100,400.00 for a restated fee not to exceed
$125,300 for the Groundwater Monitoring at Cefe Valenzuela
Municipal Landfill for the fiscal year 2015-2016.
This Motion was recommended to the consent agenda.
41. Testing Agreement Amendment No. 1 to prepare the annual
groundwater monitoring report required by the Texas
Commission on Environmental Quality (TCEQ) at J.C. Elliott
Municipal Landfill for fiscal year 2015-2016
Motion authorizing the City Manager, or designee, to extend the
timeframe of an agreement by executing Amendment No. 1 to a
testing agreement with Tolunay-Wong Engineers, Inc. of Corpus
Christi, Texas in the amount of$94,810.00 for a restated fee of
$117,900.00 for the Groundwater Monitoring at the J.C. Elliott
Municipal Landfill for fiscal year 2015-2016.
This Motion was recommended to the consent agenda.
42. Renewal of a Construction Contract and a Professional Services
Contract for the Wastewater Service Line Repair and Clean-out
Installation and Manhole Ring and Cover Adjustment Program FY
2015-2016 with administrative renewal for Year Two Services
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Motion authorizing the City Manager or designee to execute Year One
Renewals of a construction contract with RCM Constructors, Inc. of
Corpus Christi, Texas in the amount of$657,391 and a professional
services contract with Engineering &Construction Management
Services, LLC of Corpus Christi, Texas in the amount of$84,480 for
the Wastewater Service Line Repair and Clean-out Installation and
Manhole Ring and Cover Adjustment Program FY 2015-2016;
authorizing administrative renewals for Year Two Services in
accordance with contract terms.
This Motion was recommended to the consent agenda.
43. Professional Services Contract Amendment No. 1 for Wastewater
Permit Assistance Project
Motion authorizing the City Manager, or designee, to continue
permitting and regulatory assistance by executing Amendment No. 1
with Alan Plummer Associates, Inc. of Austin, Texas in the amount of
$178,000 for a total restated fee not to exceed $207,000 for
Wastewater Permit Assistance for the base year with four one-year
renewal options; authorizing administrative renewal for future years in
accordance with contract terms.
This Motion was recommended to the consent agenda.
44. Professional Services Contract for Corpus Christi Water Supply
Model Updates as required by the Texas Commission on
Environmental Quality (TCEQ)
Motion authorizing the City Manager or designee to execute a
professional services contract with HDR Engineering, Inc. of Austin,
Texas in the amount of$100,000 for the Corpus Christi Water Supply
Model Updates.
This Motion was recommended to the consent agenda.
S. BRIEFINGS: (ITEM 45)
45. Overview of the National Flood Insurance Program, administered
by FEMA, and basics of a Flood Insurance Rate Map
This Presentation was postponed.
T. LEGISLATIVE UPDATE:
None.
U. ADJOURNMENT
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The meeting was adjourned at 8:09 p.m.
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