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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 19, 2016 which were approved by the City
Council on January 26, 2016.
WITNESSETH MY HAND AND SEAL, on this the 26th day of January, 2016.
Rebecca Huerta
City Secretary
SEAL
INDEXED
Corpus Christi 1201 leopard Street
Corpus Christi,TX 78401
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\: Meeting Minutes
City Council
Tuesday,January 19,2016 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 at 11:32 a.m.
B. Invocation to be given by Pastor Jerry Ward, Lighthouse Tabernacle.
Pastor Jerry Ward gave the invocation.
C. Pledge of Allegiance to the Flag of the United States to be led by Adria
Schreiber-Garza, Business Manager, Office of Public Works Administration.
Business Manager for Public Works Adria Schreiber-Garza 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 I Commendations
1. Proclamation declaring January 21, 2016, "YWCA Corpus Christi
Turns Platinum-70th Anniversary".
Proclamation declaring January 1, 2016 to March 31, 2016, "It's Time
Texas-Community Health Challenge".
Swearing-in Ceremony for Newly Appointed Board, Commission, and
Committee Members.
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Mayor Martinez conducted the swearing-in ceremony for the newly appointed
board,commission and committee members and presented the proclamations.
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)City Manager Olson encouraged the community to review the Solid Waste
Services Guide that is being distributed in the monthly utilities bills.The guide
provides information on the guidelines,schedule,and proper disposal of
brush and bulky waste items and the J.C.Elliott Collection Station.2)Citizens
interested in attending the 2016 Xeriscope Symposium are encouraged to
register to attend by calling 361-826-1600.The admission is free,however,
seating is limited.The symposium will cover the following topics:learning to
make the most of your landscaping with the least amount of water,insect and
weed control,soils in landscaping,and plant selection.3)Beach Parking
Permits are now available for purchase.The cost of the permit is$12.00 and is
valid through 2016.Permits are available for purchase at City Hall,Stripes
stores,and local HEB stores.
H. MINUTES:
2. Regular Meeting of January 12, 2016
Mayor Martinez called for approval of the minutes.A motion was made by
Council Member Garza,seconded by Council Member Magill that the Minutes
be passed.The motion carried by a unanimous vote.
BOARD &COMMITTEE APPOINTMENTS:
3. Corpus Christi Aquifer Storage and Recovery Conservation District
Human Relations Commission
Leadership Committee for Senior Services
Library Board
Mayor Martinez referred to board and committee appointments.The following
appointments were made:
Corpus Christi Aquifer Storage and Recovery Conservation District
Council Member Magill made a motion confirming the election of the following
officers:Gustavo Gonzalez(Secretary),Dan McGinn(Vice-President),and Fred
Segundo(President),seconded by Council Member McIntyre and passed
unanimously.
Human Relations Commission
Mayor Martinez made a motion to realign Laura Commons from Regular
Member to Selling of Dwellings,seconded by Council Member McIntyre and
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passed unanimously.
Mayor Martinez made a motion appointing Linda A.Cantu(Regular Member),
seconded by Council Member Garza and passed unanimously.
Leadership Committee for Senior Services
Council Member McIntyre made a motion to appoint Yvonne Solis Recio
(Community Representative)and Rodney Buckwalter(Community
Representative),seconded by Council Member Riojas and passed
unanimously.
Library Board
Council Member Magill made a motion to reappoint Abigail Bair,Rachel Buck,
Brian Solarek,and Julia Stafford,seconded by Council Member McIntyre and
passed unanimously.
Council Member McIntyre made a motion to appoint Juanita Hernandez,
Leanne Winkler Libby,and Harris M.Worchel,seconded by Council Member
Rubio and passed unanimously.
J. EXPLANATION OF COUNCIL ACTION:
K. CONSENT AGENDA: (ITEMS 4-23)
Approval of the Consent Agenda
Mayor Martinez referred to the Consent Agenda.There were no comments from
the Council or the public.
A motion was made by Council Member McIntyre to approve the Consent
Agenda,seconded by Council Member Vaughn.The consent agenda items
were approved by one vote as follows:
Aye: 9- Mayor Martinez,Council Member Garza, Council Member Magill, Council
Member McIntyre, Council Member Riojas, Council Member Rubio,
Council Member Rosas,Council Member Scott and Council Member
Vaughn
Abstained: 0
4. 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.
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This Motion was passed on the Consent Agenda.
Enactment No: M2016-006
5. 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 passed on the Consent Agenda.
Enactment No: M2016-007
6. 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 passed on the Consent Agenda.
Enactment No: M2016-008
7. 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 passed on the Consent Agenda.
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Enactment No: M2016-009
8. 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
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 passed on the Consent Agenda.
Enactment No: M2016-010
9. 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 passed on the Consent Agenda.
Enactment No: M2016-011
10. 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 passed on the Consent Agenda.
Enactment No: M2016-012
11. Second Reading Ordinance-Rezoning property located at 6425
King Trail (3/4 Vote Required)(1st Reading 12/8/15)
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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.
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.
This Ordinance was passed on second reading on the Consent Agenda.
Enactment No: 030733
12. Second Reading Ordinance-Rezoning property located at 6201
and 6301 McArdle Road (1st Reading 1/12/16)
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
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 specific
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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.
This Ordinance was passed on second reading on the Consent Agenda.
Enactment No:030734
13. Second Reading Ordinance - Rezoning property located at 6122
Kostoryz Road (1st Reading 1/12/16)
Case No. 1215-01 Venamex, LLC: A change of zoning from the"ON"
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.
This Ordinance was passed on second reading on the Consent Agenda.
Enactment No:030735
14. Second Reading Ordinance- Rezoning property located at 1010
Laredo Street(1st Reading 1/12/16)
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Case No. 1215-02 LVVW 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
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.
This Ordinance was passed on second reading on the Consent Agenda.
Enactment No: 030736
15. Second Reading Ordinance-Rezoning property located at 1642
Clare Drive(3/4 vote required)(1st Reading 1/12/16)
Case No. 1215-03 Rogue Enriguez: 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.
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.
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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.
This Ordinance was passed on second reading on the Consent Agenda.
Enactment No:030737
16. Second Reading Ordinance -Rezoning property located at 5825
Up River Road (1st Reading 1/12/16)
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
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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.
This Ordinance was passed on second reading on the Consent Agenda.
Enactment No:030738
17. Second Reading Ordinance-Accepting and appropriating grant
funds for the Latchkey Afterschool Snack Program (1st Reading
1/12/16)
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.
This Ordinance was passed on second reading on the Consent Agenda.
Enactment No: 030739
18. Second Reading Ordinance-Accepting and appropriating grant
funds; transferring matching funds for the Retired Senior
Volunteer Program (RSVP) (1st Reading 1/12/16)
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 Ordinance was passed on second reading on the Consent Agenda.
Enactment No: 030740
19. Second Reading Ordinance-Accepting and appropriating State
grant funds; transferring and appropriating matching funds for
the Senior Companion Program (1st Reading 1/12/16)
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
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Companion Program; appropriating the$5,756 State grant in the No.
1067 Parks and Recreation Grants Fund; transferring $76,903 from
the No. 1020 General Fund to the No. 1067 Parks and Recreation
Grants Fund as City matching funds for the Senior Companion
Program and appropriating the$76,903 in the No. 1067 Parks and
Recreation Grants fund.
This Ordinance was passed on second reading on the Consent Agenda.
Enactment No: 030741
20. Second Reading Ordinance -Lease Agreement Renewal with Gulf
Coast Gem and Mineral Society (1st Reading 1/12/16)
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.
This Ordinance was passed on second reading on the Consent Agenda.
Enactment No:030742
21. Second Reading Ordinance-Closing a utility easement located
south of Park Road 22 and north of Whitecap Boulevard (1st
Reading 1/12/16)
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.
This Ordinance was passed on second reading on the Consent Agenda.
Enactment No:030743
22. Second Reading Ordinance -Approving Agreement and
appropriating funds to reimburse developer for the construction
of a water 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 (1st Reading
1/12/16)
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.
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This Ordinance was passed on second reading on the Consent Agenda.
Enactment No:030744
23. Second Reading Ordinance - Appropriating funds for an
Engineering Design Contract for McGee Beach Breakwater
Improvements (1st Reading 1/12/16)
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).
This Ordinance was passed on second reading on the Consent Agenda.
Enactment No: 030745
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 choose to speak during this public comment
period regarding an item on the agenda,you may do so.You will not be allowed
to speak again, however,when the Council is considering the item. If you have
a petition or other information pertaining to your subject, please present it to
the City Secretary.
Mayor Martinez called for comments from the public.Rick Milby,4412 High
Ridge Drive,spoke regarding Item 30,Unlawful Solicitation,and expressed
concern regarding the language in the ordinance that could prohibit
individuals that are hungry and truly are in need.Linda Gibeaut,410 Southern
Street,spoke regarding Corpus Christi becoming a"No-Kill"city and the need
for animals to receive heartworm testing and spay/neutering.Richard Throop,
3225 SPID,introduced himself as the new Governmental Affairs Director for the
Corpus Christi Association of Realtors and provided statistics on Corpus
Christi's housing market.Ben Molina,1608 S.Brownlee Boulevard and
President of the Westside Business Association,spoke regarding Item 30,
Unlawful Solicitation,and expressed the concerns received from the
Association's members that prohibiting solicitation in the Central Business
District and North Beach will create an influx of panhandlers in the westside
area.Thomas Holbeim,134 Richards,asked the City Council for permission
and a permit to hold the first annual"Fish Fest Family Event".Linda McKamie,
1279 Glenoak Drive,spoke regarding Item 30,Unlawful Solicitation,and
suggested that the ordinance be modified to require that individuals with
needs be provided with alternatives when approached by police officers.
Tammy Bruce Romero,15038 Santa Gertrudis,requested that the City Council
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make Corpus Christi a"No-Kill"city.
M. PUBLIC HEARINGS: (NONE)
N. REGULAR AGENDA: (ITEMS 30-31)
30. Second Reading Ordinance -Amending City Code to prohibit
solicitation in specific areas of the City (1st Reading 1/12/16)
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 deviated from the agenda and referred to Item 30,an ordinance
amending Article II Unlawful Solicitation of the Corpus Christi Code of
Ordinances.Assistant City Attorney Buck Brice requested that the ordinance
be amended to change the language"Homeless Issues Partnership"to
"homeless service providers".
Council Member Scott made a motion to amend the ordinance as stated by
staff,seconded by Council Member McIntyre and passed unanimously.
Council member McIntyre made a motion directing the City Manager to bring
back an outreach plan showing the work that has already been completed and
a timeline for development and execution of a public education plan on the
ordinance on February 9,2016,seconded by Council Member Vaughn and
passed unanimously.
Council members spoke regarding the following topics:the language in the
ordinance referring to the City being dedicated to encouraging economic
development opportunities to create jobs and meaningful work for those
struggling to make ends meet;the program in the City of Albuquerque that
offers day work instead of citations for panhandling;clarification that
individuals requesting meals will not be violating the ordinance;the ordinance
modifying changes in behavior;the public education plan and use of social
media;concerns that the ordinance will shift the panhandling behavior to other
areas;the reason the ordinance is not being enforced in the entire City;an
explanation of the unconstitutional issues related to the ordinance;
compassion for citizens and the best practices of the Police Department;
City Attorney Miles K.Risley stated for the record that in order to maintain the
constitutionality of this ordinance,the City is declaring that this type of speech
is"commercial speech".Commercial speech means speech by which an
individual is collecting funds for one's self,not for a charity,collecting funds
as a type of business to utilize the funds for your own purposes.In response to
City Attorney Risley,Police Chief Mike Markle stated that in his experience,the
individuals addressed in this ordinance are soliciting funds for their personal
use.
Mayor Martinez called for comments from the public.Matt Lohmeier,121
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Naples,stated that the Clergy Alliance is not opposing the idea that
panhandling is a problem and suggested that alternative opportunities need to
be explored before enforcing an ordinance.Susie Luna Saldana,4710 Hakel,
recommended the development of a voucher program to change behavior and
make it easy to assist individuals in need.Pastor Greg Hackett,416 Delanie,
stated that the current aggressive panhandling ordinance is very helpful and
the proposed amendment is premature.Pastor Hackett recommended delaying
the passage of this ordinance to have a more creative conversation to address
panhandling.
Council Member Scott made a motion to approve the ordinance as amended,
seconded by Council Member Garza.This Ordinance was passed on second
reading as amended 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:030746
31. 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.
Mayor Martinez referred to Item 31.Assistant City Manager Gus Gonzalez
stated that the purpose of this item is to 1)determine that a public necessity
and public use for the acquisition of a right-of-way and temporary construction
easement for the Island Gate Plaza Center Alternative Access Project;2)
authorize the City Manager to negotiate and execute all documents necessary
to acquire the property;3)delegate the authority to use the power of eminent
domain to the City Manager;and 4)authorize payment pursuant to an award by
Special Commissioners.Assistant City Manager Gonzalez provided the
following information:views of the project location;a background on the
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project;the issues association with the location;and access benefits.
There were no comments from the public.A council member asked questions
regarding conversations with the property owner of Parcel 3 and the
negotiations.
Council Member McIntyre made a motion to approve the resolution,seconded
by Council Member Garza.This Resolution 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:030747
O. FIRST READING ORDINANCES: (ITEM 32)
32. First Reading Ordinance-Lease Agreement for the 2016 Fiesta de
la Flor event
Ordinance authorizing the City Manager or designee to execute a
lease agreement with the Corpus Christi Convention and Visitors
Bureau ("CCCVB")for 2016 Fiesta de la Flor event and related
activities to be held on May 6, 2016 and May 7, 2016, and allow use of
City property including the Bayfront Park located along Shoreline Blvd.
between Resaca Street and Power Street.
Mayor Martinez referred to Item 32.Director of Parks and Recreation Jay
Ellington stated that the purpose of this item is to execute a lease agreement
with the Corpus Christi Convention and Visitors Bureau for the 2016 Fiesta de
la Flor event There were no comments from the public.In response to a
council member,Mr.Ellington stated that the event will not conflict with the
annual Buc Days Parade.
Council Member Riojas made a motion to approve the ordinance,seconded by
Council Member McIntyre.This Ordinance was passed on first reading with the
following vote:
Aye: 9- Mayor Martinez, Council Member Garza,Council Member Magill, Council
Member McIntyre, Council Member Riojas,Council Member Rubio,
Council Member Rosas,Council Member Scott and Council Member
Vaughn
Abstained: 0
Enactment No:
P. FUTURE AGENDA ITEMS: (ITEMS 33 -43)
Mayor Martinez referred to Future Agenda Items.City Manager Olson stated
that staff had a planned presentation on Item 43.
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33. Resolution authorizing the submission of the grant application for
the FY2017 Comprehensive Selective Traffic Enforcement Project
(STEP)within the Police Department
Resolution authorizing the City Manager or designee to submit a grant
application to the Texas Department of Transportation (TXDOT) in the
amount of$120,482.80 for the 2017 Comprehensive Selective Traffic
Enforcement Project(STEP)within the Police Department, for Speed,
Distracted Driving, and Driving While Intoxicated (DWI) overtime
enforcement, with a city match of$42,158.03, for a total project cost of
$162,640.83, and authorizing the City Manager or designee to accept,
reject, alter, or terminate the grant.
The Resolution was recommended to the consent agenda.
34. Approving the purchase of custom-made consoles and
components for police vehicles for the Police Department
Resolution authorizing the City Manager, or designee, to purchase
custom-made consoles and components for police vehicles from
Plastix Plus, LLC, of Houston, Texas, for a total cost of$57,930.56.
Funding is available in the Fleet Maintenance Services Funds FY
2015-2016.
The Resolution was recommended to the consent agenda.
35. Approving the Purchase of Emergency Equipment for Patrol
Vehicles for the Police Department
Motion approving the purchase of emergency equipment for patrol
vehicles from Cap Fleet Upfitters, Temple, Texas for a total amount of
$186,126.59. The award is based on the cooperative purchasing
agreement with the Texas Local Government Purchasing Cooperative.
Funding is available in the Fleet Maintenance Services Fund FY
2015-2016.
The Motion was recommended to the consent agenda.
36. Approving the lease-purchase of one rescue pumper for the Fire
Department
Motion approving the lease-purchase of one rescue pumper from
Siddons-Martin Emergency Group, Houston, Texas for a total
$669,253.20. The award is based on the Cooperative Purchasing
Agreement with the Texas Local Government Cooperative. Financing
for the lease-purchase will be provided through the City's
lease-purchase financing contractor. $22,308.44 for two months of
payments will be encumbered through the end of FY 2015-2016. The
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remaining $646,994.76 for the fifty eight months of payments will be
requested in future years during the normal budget process.
The Motion was recommended to the consent agenda.
37. Resolution authorizing a grant application for the Community
Outdoor Outreach Program (CO-OP)
Resolution authorizing the City Manager or designee to apply for a
Texas Parks&Wildlife Community Outdoor Outreach Program
(CO-OP)for Observing Science Outdoors(OSO) Summer Youth
Program in the amount of$34,899.
The Resolution was recommended to the consent agenda.
38. Approving a service agreement for inspection, cleaning and
repair of bunker gear for the Fire Department
Motion approving a service agreement with Gear Cleaning Solutions,
Dallas, Texas for inspection, cleaning and repair of bunker gear, in
accordance with Bid Event No. 76, based on an only bid for an amount
up to$127,676.00. The term of the service agreement will be for
twelve (12) months with an option to extend for up to two (2) additional
twelve (12) month periods, subject to the approval of the Contractor
and the City Manager or designee. Funds are available in FY
2015-2016.
The Motion was recommended to the consent agenda.
39. Approving the purchase of 11 (eleven) pickup trucks and the
lease-purchase of 7 (seven) pickup trucks for use in various
departments
Motion approving the purchase of eleven pickup trucks and the
lease-purchase of seven pickup trucks from Caldwell Country
Ford-Chevrolet, Caldwell, Texas for a total amount of$642,896.04.
The award is based on the cooperative purchasing agreement with the
Texas Local Government Purchasing Cooperative (TLGPC). Funds in
the amount of$355,778.44 have been budgeted by the using
departments in FY 2015-2016. The remaining $287,117.60 for the
fifty-six months of lease-purchase payments will be requested in future
years during the normal budget process.
The Motion was recommended to the consent agenda.
40. Approving the lease-purchase of two trucks for the Street
Department
Motion approving the lease-purchase of two Ford F-350 super duty
trucks from Grande Truck Center, Houston, Texas for a total amount
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of$188,055.60. The award is based on the cooperative purchasing
agreement with the Texas Local Government Purchasing Cooperative
(TLGPC). $12,537.04 is four months of payments that will be
encumbered through the end of FY 2015-2016. The remaining
$175,518.56 for the fifty-six months of payments will be requested in
future years during the normal budget process.
The Motion was recommended to the consent agenda.
41. Resolution for installation of television studio technology
equipment
Resolution authorizing the City Manager, or designee, to execute all
documents necessary with Media Rushworks, LLC, doing business as
RUSHWORKS, for the purchase and installation of television studio
equipment for a total of$164,399.20. Funding is available in the
Public, Education & Government Fund (PDG) FY 2015-2016.
The Resolution was recommended to the consent agenda.
42. Resolution approving the submission of two grant applications
for the Transportation Alternatives Program (TAP) Grant for Fiscal
Year 2017
Resolution approving the submission of two grant applications with the
Corpus Christi Metropolitan Planning Organization for the Fiscal Year
2017 Transportation Alternatives Program (TAP)Grant for wayfinding
signage along the City's Hike and Bike Trails and a High-intensity
Activated Cross Walk(HAWK) signal for Cole Park to be located near
Ocean Drive and Del Mar Boulevard.
The Resolution was recommended to the consent agenda.
43. Resolution directing staff to redesign the Bond 2012 Tuloso Road
Project
Resolution directing staff to redesign the Bond 2012 Tuloso Road
Project due to changes in cost and other factors.
The Resolution was recommended to regular agenda.
L. EXECUTIVE SESSION: (ITEMS 24-29)
Mayor Martinez deviated from the agenda and referred to the day's executive
sessions.The Council went into executive session.Council Member Riojas
recused herself from the discussion on Item 27.
24. Executive session pursuant to Texas Government Code§551.074
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(personnel matters) to deliberate employment issues concerning the
City Manager.
City Secretary Huerta announced that Item 24 was not discussed.
25. 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.
The E-Session Item was discussed in executive session.
26. 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 Municipal Court, including Nora Rodriguez v. City of Corpus
Christi
The E-Session Item was discussed in executive session.
27. Executive Session pursuant to Texas Government Code§551.071
and Texas Disciplinary Rules of Professional Conduct Rule 1.05 to
consult with attorneys concerning state law and City Charter provisions
related to the appointment of members of City Council and pursuant to
Texas Government Code§551.074 to discuss the appointment of a
public officer, including, but not limited to, a member of the City
Council.
Mayor Martinez referred to item 27.City Secretary Rebecca Huerta stated that
as a result of the City Council's executive session,the following questions will
be added to the packet for the upcoming vacancy on the City Council:
1.Why do you want to be a City Council member,and what makes you the
most qualified candidate?
2.What do you believe should be Council priorities?
3.What would your priorities be as an at-large Council-member?
4.What is your understanding of the council-manager form of government?
There will be a 250 word maximum per question and a criminal background
check authorization will be added to the packet.City Secretary Huerta provided
an overview of the following schedule to fill the upcoming vacant at-large city
council position:
Jan.25-Feb.29,2016-Accepting applications
Feb.29,2016-Applications Due
March 3,2016-The City Council will receive the application packets for
individual review
March 7,2016-A Special City Council Meeting will be held at 11:30 a.m.with
an executive session item to narrow the candidate pool and select the finalists
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March 8,2016-Public Interviews will be held with the selected finalists during
the Regular Council meeting at approximately 3:00 p.m.After the public
interviews,the City Council will go into executive session,and make a
decision in open session.
City Secretary Huerta announced that application packet should be available
tomorrow,January 20,2016.City Secretary Huerta stated that Council Member
Riojas abstained from the discussion on this item.
28. 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 issues related to economic
development agreement(s) involving entities involved in logistics,
chemicals and/or manufacturing and pursuant to Texas Government
Code§551.087 to discuss or deliberate regarding commercial or
financial information relating to some or all of the aforementioned
matter(s)or entities with that the governmental body seeks to have
locate, stay, or expand in or near the territory of the governmental
body and with which the governmental body is conducting economic
development negotiations and/or financial or other incentives involving
said business prospect.
City Secretary Huerta announced Item 28 was not discussed.
29. 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 the Equal Rights Amendment of the Texas Constitution, the
First Amendment to the U.S. Constitution, and potential restrictions on
public display of selected classes of persons.
The E-Session Item was discussed in executive session.
Q. BRIEFINGS: (ITEMS 44-45)
44. Update on Bond 2012 Street Improvement Projects
Mayor Martinez referred to Item 44.Executive Director of Public Works Valerie
Gray stated that the purpose of this item is to provide an update on the Bond
2012 Street Improvement Projects.Ms.Gray provided an overview of a chart
originally provided to the City Council on April 21,2015 that summarized the
projects and estimates to complete the projects that would overrun the
appropriate funding of$55 million by approximately 18 million.Ms.Gray stated
that during the same meeting,a resolution was passed directing staff to
proceed ahead with the remaining Bond 2012 projects and provided direction
on specific projects.Ms.Gray presented a project status for Proposition 1 and
Proposition 8 projects as of December 18,2015 and the implementation plan.
Ms.Gray reported that by the end of 2016,there will be 22 street projects under
construction city-wide from Bond 2012 and Bond 2014.Ms.Gray stated that in
order to move ahead on the implementation of the remaining Bond 2012
projects,staff is recommending and requesting authorization to sell
certificates of obligations per resolution that was approved in April 2015.
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Council members spoke regarding the following topics:concerns associated
with the McArdle Road project including:utility cuts,the status on the project
and anticipated completion,access issues,and project delays;the utilities that
were originally not located in the design of the McArdle Road project and the
need to re-design;ways to prevent utilities from not being located on future
projects;communication to the residents near McArdle Road on the timeline,
site management process,and access plan;whether additional funds are
needed for the McArdle Road project;the process for issuing certificates of
obligations;the last time 22 major arterial and collector streets were under
construction at the same time;development of a policy on contingency
amounts;the evaluation of Twigg Street to remove it from being deferred;
consideration to use subsurface utility engineering work on future projects;
the status on hiring in-house engineers and the associated challenges;the
Engineering Department's staff augmentation;the evaluation of the
Engineering Department;the amount of funding invested in streets for 2016;
and the debt capacity.
45. Overview of the National Flood Insurance Program, administered
by FEMA, and basics of a Flood Insurance Rate Map
Mayor Martinez referred to Item 45.Assistant Director of Development Services
Julio Dimas stated that the purpose of this item is to provided an overview of
the National Flood Insurance Program and flood maps.Mr.Dimas provided the
following information:the key terminology used by FEMA;a background of the
program;the flood zone designations;an explanation of the limit of moderate
wave action,floodway,the flood insurance rate map and freeboard.Mr.Dimas
provided a demonstration of the RiskMAP6 website,the new FEMA maps.
Council members spoke regarding the following topics:the number of
communities participating in the Community Rating System;the link to the
new FEMA maps available on the City's website;and the attendance at the
FEMA meetings.
R. ADJOURNMENT
The meeting was adjourned at 5:57 p.m.
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