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I HEREBY CERTIFY that the foregoing is a true and correct copy of the minutes of the Regular
Meeting of the Corpus Christi City Council of April 19, 2016 which were approved by the City
Council on April 26, 2016.
WITNESSETH MY HAND AND SEAL, on this the 26th day of April, 2016.
ebecca Huerta
City Secretary
SEAL
INDEXED
1201 Leopard Street
tS' Corpus Christi Corpus Christi,TX 78401
cctexas.com
Meeting Minutes
City Council
Tuesday,April 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.
B. Invocation to be given by Elder Jimmy Perez-The Summit Church.
Mayor Martinez called for a moment of silence for David Edward Gaona,a City
employee who recently passed away.Elder Jimmy Perez gave the invocation.
C. Pledge of Allegiance to the Flag of the United States to be led by Yasmine
Chapman, Director of Human Resources.
Assistant Director of Maintenance of Lines Bill Mahaffey 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.
(Note:Council Member McIntyre arrived at 11:39 a.m.)
Charter Officers:
City Manager Ron Olson,City Attorney Miles K.Risley,and City Secretary
Rebecca Huerta.
Present: 9- Mayor Nelda Martinez,Council Member Rudy Garza,Council Member
Michael Hunter,Council Member Chad Magill,Council Member Colleen
Mclntyre,Council Member Lucy Rubio,Council Member Brian
Rosas,Council Member Mark Scott, and Council Member Carolyn Vaughn
E. Proclamations/Commendations
1. Proclamation declaring April 21, 2016, "Affordable Housing Summit
2016 Day".
Proclamation declaring April 23, 2016, "Take A Walk on the
Beachwalk Day".
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Proclamation declaring April 29, 2016, "15th Annual Corpus Christi
Technology Olympics Day".
Proclamation declaring April 24-30, 2016, "Medical Laboratory
Professionals Week".
Mayor Martinez 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 stated that he had nothing to report.
a. OTHER
None.
H. MINUTES:
2. Regular Meeting of April 12, 2016
Mayor Martinez referred to approval of the minutes.
A motion was made by Council Member Rudy Garza,seconded by Council
Member Brian Rosas,that the Minutes be passed.The motion carried by a
unanimous vote.
BOARD & COMMITTEE APPOINTMENTS:
3. Building Standards Board
Landmark Commission
Leadership Committee for Senior Services
Reinvestment Zone No. 3 Board
Transportation Advisory Commission
Watershore and Beach Advisory Committee
Mayor Martinez referred to board and committee appointments.The following
appointments were made:
Building Standards Board
Council Member Magill made a motion to appoint Gary K.Adams(At-Large),
seconded by Council Member McIntyre and passed unanimously.
Landmark Commission
Council Member McIntyre made a motion to appoint Shawn A.Reader
(Historian),seconded by Council Member Garza and passed unanimously.
Council Member Magill made a motion to appoint Denise Gallimore(Licensed
Real Estate Salesperson),seconded by Council Member McIntyre and passed
unanimously.
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Council Member Magill made a motion to appoint Randy J.Dees,Sr.(Regular
Member),seconded by Council Member McIntyre and passed unanimously.
Council Member Garza made a motion to appoint Matt Martini(Title Search),
seconded by Council Member Magill and passed unanimously.
Leadership Committee for Senior Services
Council Member McIntyre made a motion to appoint Sonny Fierro(Community
Rep.),Peggie A.Lewis(Community Rep.),Patricia O'Brien(Community Rep.),
Joanne Garcia(Direct Service Agency Rep.),Joshua Lawrence(Direct Service
Agency Rep.),and Regina Chapa(Senior Center Participant),seconded by
Council Member Magill and passed unanimously.
Reinvestment Zone No.3 Board
Council Member McIntyre made a motion to reappoint Chad Magill and Brian
Rosas,seconded by Council Member Rosas and passed unanimously.
Council Member McIntyre made a motion to appoint Michael T.Hunter,
seconded by Council Member Garza and passed unanimously.
Transportation Advisory Commission
Council Member Scott made a motion to reappoint Elena Buentello,Scott
Harris,and Robert Saldana,seconded by Council Member Magill and passed
unanimously.
Watershore and Beach Advisory Committee
Council Member Magill made a motion to appoint Jyoti Patel(Hotel/Condo
Owner/Rep.located on North Padre Island or Mustang Island),seconded by
Council Member McIntyre and passed unanimously.
J. EXPLANATION OF COUNCIL ACTION:
K. CONSENT AGENDA: (ITEM 5)
5. Appointing Council Member Michael T. Hunter to the Corpus
Christi Housing Finance Corporation and the Corpus Christi
Industrial Development Corporation
Motion appointing Council Member Michael T. Hunter as a Board
Member to the Corpus Christi Housing Finance Corporation and
the Corpus Christi Industrial Development Corporation.
Mayor Martinez deviated from the agenda and referred to Item 5,appointing
Council Member Michael T.Hunter to the Corpus Christi Housing Finance
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Corporation and the Corpus Christi Industrial Development Corporation.
Council Member Magill 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 Hunter, Council
Member Magill,Council Member McIntyre, Council Member Rubio,
Council Member Rosas, Council Member Scott and Council Member
Vaughn
Abstained: 0
Enactment No: M2016-037
O. RECESS FOR CORPORATION MEETING: (ITEM 33)
Mayor Martinez deviated from the agenda and referred to Item 33.Mayor
Martinez recessed the Regular Council meeting to hold the Annual Board
Meeting of the Corpus Christi Housing Finance Corporation.
33. Annual Board Meeting of the Corpus Christi Housing Finance
Corporation
This Corporation Meeting was held.
P. RECONVENE CITY COUNCIL MEETING:
Mayor Martinez recovened the Regular Council meeting.
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 deviated from the agenda and referred to comments from the
public.Jack Gordy,4118 Bray,spoke regarding the palm trees located on the
sidewalk on Airline Road and requested that this item be placed on the Council
agenda for discussion.Colin Sykes,309 Aberdeen,spoke regarding improving
communication between the public and the City Council and requested a
resolution be passed showing local support for Citizens United.Cheryl
Martinez,3938 Surfside,stated People Assisting Animal Control(PAAC)
brought in a consultant to look at PAAC's programs as well as the City's
Animal Care programs.Based on the findings from the consultant,there will be
two free spay and neuter surgery days held twice-a-month beginning May 27,
2016 in selected areas.Libby Edwards,14158 Cutlass,reported on the
following topics discussed at the April 12,2016 Island Strategic Action
Committee(ISAC)meeting:1)support for moving forward with Park Road 22
Bridge;2)naming access roads consistent with mile marker locations;3)
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support for the City to amend its current permit to allow Beach Operations to
move the sand seaward;4)request for City support for the Island's July 4th
event;and 5)support to amend the Code of Ordinances to add an additional
member to the ISAC committee who resides on Mustang Island or who is an
employee of a Mustang Island property owner.Susie Luna Saldana,4710
Hakel,spoke regarding City employees running for a political office and
requested consideration that those City employees take a leave of absence.
Ms.Saldana also addressed storm debris cleanup on the westside of the City.
Aristeo Martinez,6249 Choctaw Drive,spoke regarding the condition of Nesbitt
Street from Sunnybrook to McArdle and the need for speed bumps or a street
light near Barcelona Estates.
S. BRIEFINGS: (ITEM 43)
43. Harbor Bridge Replacement Project
Mayor Martinez deviated from the agenda and referred to Item 43.Executive
Director of Public Works Valerie Gray stated that the purpose of this item is to
provide an update on the Harbor Bridge Replacement Project.Ms.Gray said
the project is currently in the design phase.The presentation will focus on
design elements enhancing mobility.Ms Gray introduced the presentation
team:Valente Olivarez,Deputy District Engineering-Texas Department of
Transportation; Darrell Chambers,Traffic Control Engineer-Flatiron/Dragados,
LLC;and Linda Figg,President/CEO of Figg Bridge.
Ms.Figg explained that the new Harbor Bridge will be an iconic bridge setting
a record with a 1,655 foot main span,making it the longest cable stay span in
North America.Ms.Figg presented the following information: rendering views
of the bridge from Whataburger Field;the proposed iconic nighttime
aesthetics;the interchange enhancements by eliminating 6 signals and
replacing them with free flowing gateways;enhanced access to North Beach,
the SEA District,and neighborhood areas;the bicycle and pedestrian
connectivity elements;the visual enhancements including:the northbound
bridge landscape gateway and shared use path gateway entrance,community
plaza concepts,the North Beach Area shared use path gateway entrance,a
shared use path belvedere on the bridge;and community involvement.
Council members spoke regarding the following topics:examples on mobility
by eliminating the 6 traffic signals;the timeframe for completion of the project;
anticipated groundbreaking for the bridge;sustainability of the bridge;the lift
and approach of the bridge;an on-line design charette application to give the
public an opportunity to select aesthetic features;the dedicated bicycle lanes;
energy efficiency LEED certification;and whether traffic model studies have
been performed.
K. CONSENT AGENDA: (ITEMS 4, 6 -18)
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 Magill,seconded by Council Member
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McIntyre,to approve the Consent Agenda.The motion carried by the following
vote:
Aye: 8- Mayor Martinez, Council Member Garza,Council Member Hunter, Council
Member Magill, Council Member McIntyre, Council Member Rubio,
Council Member Rosas and Council Member Vaughn
Absent: 1 - Council Member Scott
Abstained: 0
4. Appointing Council Member Michael T. Hunter to the Coastal
Bend Health Facilities Development Corporation and the Coastal
Bend Cultural Education Facilities Finance Corporation
Motion appointing City Council Member Michael T. Hunter as
board member to the Coastal Bend Health Facilities Development
Corporation and the Coastal Bend Cultural Education Facilities
Finance Corporation.
This Motion was passed on the Consent Agenda.
Enactment No: M2016-036
6. Engineering Design Contract for the equipment in the Traffic
Management Center under the Signal Improvement and Street
Lighting (Bond 2012) Proposition 1 project
Motion authorizing the City Manager, or designee, to execute a
contract for professional services with Maldonado-Burkett Intelligent
Transportation Systems, LLP (MBITS) of Corpus Christi, Texas in the
amount of$697,785.18 to complete the design and implementation of
the Traffic Signal Management Equipment in the new Traffic
Management Center(TMC) (Bond 2012 Proposition 1 Signal
Improvements & Street Lighting project)
This Motion was passed on the Consent Agenda.
Enactment No: M2016-038
7. Engineering Design Contract Amendment No 4 for O.N. Stevens
Raw Water Influent Improvements
Motion authorizing the City Manager, or designee, to proceed with
design, bid and construction phase services by executing Amendment
No. 4 with Freese and Nichols, Inc. of Corpus Christi, Texas in the
amount of$650,729 for a total restated fee not to exceed $2,639,549
for O.N. Stevens Raw Water Influent Improvements.
This Motion was passed on the Consent Agenda.
Enactment No: M2016-039
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8. Engineering Design Contract for O.N. Stevens Facilities Feed
Optimization Improvements
Motion authorizing the City Manager, or designee, to execute an
Engineering Design contract with LNV, Inc. of Corpus Christi, Texas in
the amount of$1,091,812 for O.N. Stevens Facilities Feed
Optimization Improvements for design, bid and construction phase
services.
This Motion was passed on the Consent Agenda.
Enactment No: M2016-040
9. Construction Contract and Construction Materials Testing
Agreement for the Elevated Water Storage Tanks (Alternative
Capacity Requirement Implementation, Phase 2)
Motion authorizing the City Manager or designee to execute a
construction contract with CB&I, Inc. of The Woodlands, Texas in the
amount of$9,245,050 for the Elevated Water Storage Tanks
(Alternative Capacity Requirement Implementation, Phase 2) for the
Base Bid plus Additive Alternates No. 2 and 4 and to execute a
construction materials testing agreement with Rock Engineering and
Testing Laboratory, Inc. of Corpus Christi, Texas in the amount of
$63,400 for the Elevated Water Storage Tanks.
This Motion was passed on the Consent Agenda.
Enactment No:M2016-041
10. Authorizing a construction contract for Citywide Collection
System Pipebursting Indefinite Delivery/Indefinite Quantity (IDIQ)
Part B with 4 optional one year extensions to be administratively
approved
Motion authorizing the City Manager or designee to execute a
multi-year construction IDIQ contract with PM Construction & Rehab,
LLC of Pasadena, Texas in the amount of$1,875,000 for the Citywide
Collection System Pipebursting Project. Contract renewals for four(4)
optional future years will be administratively approved.
This Motion was passed on the Consent Agenda.
Enactment No: M2016-042
11. Resolution authorizing a service agreement for management and
operation of the City's employer-sponsored Wellness Clinic
Resolution authorizing the City Manager or designee to negotiate and
execute a service agreement with Concentra Health Services, Inc., to
provide management and operation of the City's employer-sponsored
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Wellness Clinic for a two-year term, with up to three one-year
extensions.
This Resolution was passed on the Consent Agenda.
Enactment No: 030814
12. Resolution approving Second Amended Interlocal Cooperation
Agreement for Tax Increment Reinvestment Zone Three
Resolution authorizing the City Manager to execute a Second
Amended Interlocal Cooperation Agreement with Del Mar College
District, relating to the participation of the City and Del Mar College
District in Reinvestment Zone Three, City of Corpus Christi Texas
This Resolution was passed on the Consent Agenda.
Enactment No: 030815
13. Second Reading Ordinance- Rezoning property located at 2918,
2922, 2926 and 2930 Highland Avenue(1st Reading 4/12/16)
Case No. 0216-02 Julio C. and Minerva E. Reyna and Jose Luis
Rodriquez and Maria Juliana Luna: A change of zoning from the
"CN-1" Neighborhood Commercial District to the"RS-6" Single-Family
6 District. The property is described as being Lot Nos. 23-B, 24-B,
25-B and 25, Block 6, Montrose Park, located near the northeast
corner of Highland Avenue and Duncan Street.
Planning Commission and Staff Recommendation (March 9, 2016):
Approval of the change of zoning from the "CN-1" Neighborhood
Commercial District to the"RS-6" Single-Family 6 District.
Ordinance:
Ordinance amending the Unified Development Code ("UDC"), upon
application by Julio C. and Minerva E. Reyna and Jose Luis Rodriguez
and Maria Juliana Luna ("Owners"), by changing the UDC Zoning Map
in reference to Lot Nos. 23-B, 24-B, 25-B and 25, Block 6, Montrose
Park, from the"CN-1" Neighborhood Commercial District to the"RS-6"
Single-Family 6 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:030816
14. Second Reading Ordinance-Appropriating funds from utility
customer donations for the Arts & Cultural Commission (ACC)
(1st Reading 4/12/16)
Ordinance appropriating $4,290.08 in City utility customer donations in
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General Fund No. 1020 for use by programs coordinated through the
City Arts and Cultural Commission and amending the FY2016
Operating Budget adopted by Ordinance No. 030620 to increase
expenditures by $4,290.08.
This Ordinance was passed on second reading on the Consent Agenda.
Enactment No: 030817
15. Second Reading Ordinance-Approving Annual Ordinance for
Select Parks and Recreation Grants (1st Reading 4/12/16)
Ordinance authorizing the City Manager or designee to execute
documents to apply for and accept grants from the Area Agency on
Aging of the Coastal Bend for the Elderly Nutrition Program,
Corporation for National and Community Service for the RSVP
(Retired and Senior Volunteer Program) and the Senior Companion
Program, and grants from the Texas Department of Agriculture for the
Summer Food Service Program, Afterschool Snack Program, and
Texan's Feeding Texans program and upon receipt, to appropriate
funds in the No. 1067 Park Grants Fund for said city programs.
This Ordinance was passed on second reading on the Consent Agenda.
Enactment No:030818
16. Second Reading Ordinance-Amending the Urban Transportation
Plan deleting the extension of First National Boulevard between
Compton Road and Graham Road (1st Reading 4/12/16)
Ordinance amending the Urban Transportation Plan Map, of
Mobility CC, a transportation element of the Comprehensive Plan
of the City of Corpus Christi, by deletion of the extension of First
National Boulevard; amending related elements of the
Comprehensive Plan of the City; providing for severance; and
providing for publication.
This Ordinance was passed on second reading on the Consent Agenda.
Enactment No: 030819
17. Second Reading Ordinance-Appropriating funds and approving
the four agreements with American Electric Power(AEP)for the
Installation of LED Street Lights on North Beach at City Parks
along the Beach Walk(1st Reading 4/12/16)
Ordinance appropriating $99,557 from unreserved fund balance in the
No. 1040 Parking Improvement Fund; authorizing the City Manager, or
designee, to approve Contribution-In-Aid-Of-Construction Agreements
with American Electric Power(AEP) for a total of$149,958.41, for the
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installation of the LED lighting improvements on North Beach at City
parks along the Beach Walk; and amending the FY 2015-2016
Operating Budget adopted by Ordinance 030620 by increasing
expenditures by $99,557.
This Ordinance was passed on second reading on the Consent Agenda.
Enactment No: 030820
18. Second Reading Ordinance -Amending ordinance to Prohibit
parking on Leopard Street from Rose Street to Pierpont Street in
front of Fire Station No. 5(1st Reading 4/12/16)
Ordinance amending the Code of Ordinances, Chapter 53, Section
53-252 Schedule III - Parking prohibited at all times on certain streets
by adding Leopard Street, south side, from Rose Street to Pierpont
Street.
This Ordinance was passed on second reading on the Consent Agenda.
Enactment No: 030821
L. EXECUTIVE SESSION: (ITEMS 19-23)
Mayor Martinez referred to the day's executive sessions.The Council went into
executive session.Council Member Magill recused himself from the discussion
on Item 22.Council Member Scott recused himself from Item 21.
19. 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.
20. 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 City's Code of
Ethics and City's Ethics Commission and legal representation of Ethics
Commission regarding said issues.
This E-Session Item was discussed in executive session.
21. 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 conveyance,
lease, and sale of City property and pursuant to Texas Government
Code§ 551.072 to discuss and deliberate the purchase, exchange,
lease, and value of real property located at 5151 McArdle Road known
as Mt. Vernon Park when deliberation in open meeting would have a
detrimental effect on the position of the governmental body in
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negotiations with a third person.
This E-Session Item was discussed in executive session.City Secretary Huerta
announced that Council Member Scott recused himself from the discussion on
Item 21.
22. 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 extraterritorial
jurisdiction and City boundaries, including, but not limited to,
annexation and rights and remedies pursuant to Chapter 43 of the
Texas Local Government Code, and certificates of convenience and
necessity.
This E-Session Item was discussed in executive session.City Secretary Huerta
announced that Council Magill recused himself from the discussion on Item 22.
23. 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 pending and
potential employment law litigation against the City.
This E-Session Item was discussed in executive session.
M. PUBLIC HEARINGS: (ITEMS 24-26)
24. Public Hearing and First Reading Ordinance-Rezoning property
located at 5246 Lexington Road
Case No. 0316-01 May Dev., LP: A change of zoning from the"RM-1"
Multifamily 1 District to the"CG-2" General Commercial District. The
property is described as Lot 6, Block 1, Bridgepoint Landing, located
along the east side of Lexington Road approximately 490 feet south of
South Padre Island Drive (SH 358).
Planning Commission and Staff Recommendation (March 23, 2016):
Approval of the change of zoning from the"RM-1" Multifamily 1 District
to the"CG-2" General Commercial District.
Ordinance:
Ordinance amending the Unified Development Code ("UDC"), upon
application by May Dev., LP ("Owner"), by changing the UDC Zoning
Map in reference to Lot 6, Block 1, Bridgepoint Landing, from the
"RM-1" Multifamily 1 District to the "CG-2" General Commercial
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
Dan McGinn stated that the purpose of this item is to rezone the subject
property for general commercial uses.Mr.McGinn stated that the Planning
Commission and staff are in favor of the zoning change.
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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 Rubio.This Ordinance was passed on first reading and
approved with the following vote:
Aye: 9- Mayor Martinez, Council Member Garza, Council Member Hunter, Council
Member Magill,Council Member McIntyre,Council Member Rubio,
Council Member Rosas, Council Member Scott and Council Member
Vaughn
Abstained: 0
25. Public Hearing and First Reading Ordinance-Rezoning property
located at 14806 Leeward Drive
Case No. 0316-03 Ocean Harbor II, LLC: A change of zoning from the
"RM-AT/IO" Multifamily AT District with an Island Overlay to the
"RS-TH/IO/PUD" Townhouse District with an Island Overlay and
Planned Unit Development Overlay. The property is described as Lots
22, 23, and 24, Block 52, Padre Island-Corpus Christi Section B,
located on the southeast corner of Leeward Drive and St.
Bartholomew Avenue.
Planning Commission and Staff Recommendation (March 23, 2016):
Approval of the change of zoning from the "RM-AT/IO" Multifamily AT
District with an Island Overlay to the"RS-TH/IO/PUD"Townhouse
District with an Island Overlay and Planned Unit Development Overlay
with ten conditions.
Ordinance:
Ordinance amending the Unified Development Code ("UDC"), upon
application by Ocean Harbor II, LLC ("Owner"), by changing the UDC
Zoning Map in reference to Lots 22, 23, and 24, Block 52, Padre
Island-Corpus Christi Section B, from the"RM-AT/IO" Multifamily AT
District with an Island Overlay to the"RS-TH/IO/PUD"Townhouse
District with an Island Overlay and Planned Unit Development Overlay;
amending the Comprehensive Plan to account for any deviations; and
providing for a repealer clause and publication.
Mayor Martinez referred to Item 25.Interim Director of Development Services
Dan McGinn stated that the purpose of this item is to rezone the subject
property to allow for a 24-unit townhouse development that deviates from the
typical standards.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
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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 Hunter,Council
Member Magill, Council Member McIntyre, Council Member Rubio,
Council Member Rosas,Council Member Scott and Council Member
Vaughn
Abstained: 0
26. Public Hearing and First Reading Ordinance -Amending the
Unified Development Code to improve its implementation
Ordinance amending the Unified Development Code by revising
subsection 1.11.3 "Defined Terms", subsection 3.10.1.A"Minor Plat",
table 4.4.4"Multifamily Housing Types", tables 4.3.2, 4.4.2, 4.5.2 and
4.6.2 "Permitted Uses" for single family, multifamily, commercial, and
industrial districts, respectively, table 4.5.3 "Residential Development
Standards", table 4.5.4 "Nonresidential Development" standards, table
5.1.4.G "Retail Sales and Service", subsection 5.2 "Specific
Standards"for game processing, subsection 5.3.2.C.1 "Fuel Pumps,
Islands and Canopies", subsection 7.4.4.0"Outside Storage",
subsection 8.2.3.A"Utility Easements" and subsection 3.12.1
"Applicability"for special use exceptions; providing for severance;
providing for penalties; and providing for publication.
Mayor Martinez referred to Item 26.Interim Director of Development Services
Dan McGinn stated that the purpose of this item is to amend the regulations of
the Unified Development Code(UDC)to improve its function and
implementation.Mr.McGinn summarized the following proposed text
amendments:adding the definition of game processing;amending the minor
plat approval process;amending the setbacks for consistency purposes;
allowing major utilities with limitations in commercial districts;clarification of
crematoriums;correcting descriptions for townhouses;amending fuel pumps
to allow canopies;clarifying outside storage areas;and clarifying utility
easement dedication during the planning process.
Mayor Martinez opened the public hearing.There were no comments from the
public.
Council members spoke regarding the following topics:the strike-through of
waste treatment plants;the requirement to screen outside storage in a front
yard;whether game processing facilities currently in operation will be
grandfathered;and the text amendment for animal cemeteries.Mayor Martinez
closed the public hearing.
Council Member Scott 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 Hunter, Council
Member Magill, Council Member McIntyre, Council Member Rubio,
Council Member Rosas, Council Member Scott and Council Member
Vaughn
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Abstained: 0
N. REGULAR AGENDA: (ITEMS 27 -32)
27. Awarding the purchase of property insurance through Carlisle
Insurance Agency, Broker of Record
Motion awarding the purchase of property insurance and, authorizing
the City Manager to execute all documents necessary to purchase All
Risk, Flood, Named Storm, Wind/Hail, Earthquake, and Equipment
Breakdown through Carlisle Insurance Agency, Broker of Record for
property insurance, in exchange for premium totaling $2,001,750 from
May 5, 2016 to May 5, 2017 of which $811,669 is required for the
remainder of FY 2015-2016.
Mayor Martinez referred to Item 27.City Attorney Miles Risley stated that the
purpose of this item is to award the purchase of property insurance and
authorize the City Manager to execute all documents necessary to purchase
All-Risk,Flood,Named Storm,Wind/Hail,Earthquake,and Equipment
Breakdown through Carlisle Insurance Agency,Broker of Record for property
insurance.
There were no comments from the Council or the public.City Secretary Huerta
announced that Council Member Hunter was abstaining from the discussion
and vote on this item.
Council Member Magill made a motion to approve the motion,seconded by
Council Member McIntyre.This Motion was passed and approved with the
following vote:
Aye: 8- Mayor Martinez,Council Member Garza, Council Member Magill, Council
Member McIntyre, Council Member Rubio, Council Member Rosas,
Council Member Scott and Council Member Vaughn
Abstained: 1 - Council Member Hunter
Enactment No: M2016-043
28. Appointment of Financial Advisor for Issuance of General
Improvement Refunding Bonds
Motion authorizing the appointment of M. E. Allison, &Co., as
Financial Advisor for one or more series of"City of Corpus Christi,
Texas General Improvement Refunding Bonds" in an aggregate
principal amount not to exceed $23,610,000.
Mayor Martinez referred to Item 28.Assistant Director of Financial Services
Alma Casas stated that Items 28 and 29 are related to a refunding opportunity
the City has for six outstanding series of general improvement bonds in an
amount up to$23,610,000.Item 28 is a motion to appoint M.E.Allison&Co.as
Financial Advisor for the transaction.Item 29 is an ordinance authorizing the
issuance of bonds in an amount not to exceed$23,610,000 in six series of
general obligation bonds.If these eligible outstanding bonds are refunded at
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today's interest rate,total net present value savings of$1,744,000 would be
realized.
There were no comments from the Council or the public on Items 28 and 29.
Council Member Magill 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 Hunter,Council
Member Magill,Council Member McIntyre, Council Member Rubio,
Council Member Rosas, Council Member Scott and Council Member
Vaughn
Abstained: 0
Enactment No: M2016-044
29. Second Reading Ordinance- Authorizing the issuance of General
Improvement Refunding Bonds (1st Reading 4/12/16)
Ordinance authorizing the issuance of one or more series of"City of
Corpus Christi, Texas General Improvement Refunding Bonds", as
further designated by series, in an aggregate principal amount not to
exceed $23,610,000, levying a continuing direct annual ad valorem
tax, within the limitations prescribed by law, for the payment of the
bonds; prescribing the form, terms, conditions, and resolving other
matters incident and related to the issuance, sale, and delivery of the
bonds; including the approval and distribution of an official statement
pertaining thereto; authorizing the execution of a paying agent/registrar
agreement, a purchase contract, and an escrow agreement; complying
with the letter of representations on file with the depository trust
company; delegating the authority to certain members of the City staff
to execute certain documents relating to the sale of the bonds; and
providing an effective date.
This item was discussed during the discussion on Item 28.
Council Member Magill made a motion to approve the ordinance,seconded by
Council Member Garza.This Ordinance was passed on second reading and
approved with the following vote:
Aye: 9- Mayor Martinez, Council Member Garza, Council Member Hunter, Council
Member Magill, Council Member McIntyre, Council Member Rubio,
Council Member Rosas,Council Member Scott and Council Member
Vaughn
Abstained: 0
Enactment No:030822
30. Second Reading Ordinance-Approving the sale of park
properties (1st Reading 4/12/16)
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Ordinance approving the sale of properties as follows and authorizing
the City Manager to execute documents necessary to complete each
real estate sales transaction:
a)Acushnet Park (6746 Aaron) to MVR Construction Company and/or
assigns in amount of$655,000;
b) Cabra Park(1323 W. Broadway)to Darla-1, Ltd. and/or assigns in
amount of$24,000;
c) Durant Park(6113 Durant) to MVR Construction Company and/or
assigns in amount of$130,000;
d) Parklane Park(4600 Arlene) to Albert Ayala and/or assigns Roberto
Cardenas and/or assigns in amount of$121,000;
e) Peary Park (1750 Paul Jones Rd) to 4625 No. 3, Ltd., a Texas
limited partnership and/or assigns in amount of$36,000;
f) Ridgewood Park (5730 Malden) to Richard O. Serna and/or assigns
and John Tamez and/or assigns in amount of$400,003; and
g) Willow Park (11418 Willowood) to Martin and Gaby Sada and/or
assigns in amount of$50,000.
Mayor Martinez referred to Item 30.City Secretary Huerta announced that
Council Member Magill would be abstaining from the discussion and vote on
this item.Assistant Director of Parks and Recreation Stacie Talbert Anaya
stated that the purpose of this item is to approve the sale of park properties
and authorize the City Manager to execute documents to finalize real estate
sales transactions.The parkland properties include: Acushnet Park,Cabra
Park,Durant Park,Parklane Park,Peary Park,Ridgewood Park and Willow
Park.Ms.Anaya stated that the properties were listed for sale in January 2016
and the Parks and Recreation Department notified adjacent neighbors.The
bond language madates that all proceeds from the sales were to be reinvested
in the park system and improvements will be made to parks in the general area
were the parks are being sold.Ms.Anaya informed the City Council that the
Parks and Recreation Department has been approached by a neighborhood
group to adopt Ridgewood Park and to maintain it as a Level B park.
Council Member McIntyre made a motion to amend the ordinance to remove
Ridgewood Park,seconded by Council Member Garza and passed
unanimously;Council Member Magill-abstained.
Council Member Garza made a motion to approve the sale of park properties
listed,with the exception of Ridgewood Park,seconded by Council Member
Scott.
Mayor Martinez called for comments from the public.Aurora Stevenson spoke
regarding Parklane Park and asked if the individuals purchasing the park
property are going inform the neighbors of the intended use.Ms.Anaya
explained that any development considered other than residential homes will
have to go through a separate rezoning process.Ms.Anaya stated that
currently,the person that is purchasing Parklane Park intends to continue with
single-family homes.
This Ordinance was passed on second reading as amended and approved with
the following vote:
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Aye: 8- Mayor Martinez, Council Member Garza,Council Member Hunter, Council
Member McIntyre, Council Member Rubio, Council Member Rosas,
Council Member Scott and Council Member Vaughn
Abstained: 1 - Council Member Magill
Enactment No: 030823
Mayor Martinez called for comments from the public regarding Ridgewood
Park.Ed Sample,5321 Crestwick,stated that Ridgewood Park is heavily
utilized as intended and requested that the park continue to be maintained by
the City.However,the neighborhood organization is willing to maintain the
park.Michael Kelly,5318 Crestwick,expressed the following concerns with
adopting a park:the required criteria for the neighborhood to maintain the
park;the cost to maintain the park;the current maintenance by the Parks and
Recreation Department;the requirement for liability insurance should the
neighborhood organization hire a contractor to mow and trim the trees;
whether the neighborhood organization assumes liability at the park;and
replacement of playground equipment.Mr.Kelly said the parks that were
approved to be repurposed in 2012 should be re-evaluated prior to sale of the
parkland.Brad Smith,5221 Wentworth,spoke regarding the utilization of
Ridgewood Park and stated that it was a mistake to include the park on the list
for sale.Mr.Smith addressed the issue of exposure to liability for the
neighborhood and requirements for mowing.Guillermo Preigo stated that the
problem with society is going against green areas and there should always be
enough funds to maintain all of the parks.Jack Hart,5318 Wentworth,spoke
regarding the City's website indicating that Ridgewood Park is currently
adopted by the Hurricane Padre League Soccer Club and asked the Council to
reconsider and continue to maintain the park.Frank Bazan,5234 Fulwell,
spoke regarding the utilization of and satety at Ridgewood Park in comparison
to Gardendale Park.
Council members spoke regarding the following topics:the process for
bringing parks for potential sale that were adopted and not being maintained;a
list of parks currently not being maintained;the liability insurance requirement
for contractors;the process for determining and identifying which parks would
be repurposed;the neighborhood's willingness to adopt the parks;the City
Council having discretion on the parks;modifying the Adopt-A-Park standards
to be specific and including a measure that the mowing be in compliance with
code enforcement standards; Ridgewood Park being maintained on the City's
insurance;and clarification regarding the inaccurate information on the City's
website related to Ridgewood Park already being adopted.
31. Professional Services Agreement for Legal Services
Motion to authorize City Manager or designee to execute Professional
Services Agreement for Contract Legal Counsel with Julian Grant at
hourly rate of$50.00 in a total amount not to exceed $75,000 for
Fiscal Year 2015-2016.
Mayor Martinez referred to Item 31.City Attorney Miles Risley stated that the
purpose of this item is to execute a professional services agreement for
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contract legal counsel with Julian Grant in an amount of$50.00 per hour,not to
exceed$75,000.City Attorney Rilsey explained that Mr.Grant retired last year
and was contracted to continue to provide legal services regarding economic
development and development services issues.There were no comments from
the Council or the public.
Council Member McIntyre made a motion to approve the motion,seconded by
Council Member Magill.This Motion was passed and approved with the
following vote:
Aye: 8- Mayor Martinez, Council Member Garza, Council Member Hunter, Council
Member Magill, Council Member McIntyre,Council Member Rubio,
Council Member Rosas and Council Member Scott
Absent: 1 - Council Member Vaughn
Abstained: 0
Enactment No: M2016-045
32. Construction Contract for Collier Pool Renovations (Bond 2012)
Rebid -Part A (Pool)
Motion authorizing the City Manager, or designee, to execute a
construction contract with Atlantis Aquatic Group. of Austin, Texas in
the amount of$1,782,412 for the Collier Pool Renovations Rebid -
Part A (Pool)for replacement of the existing swimming pool and pump
house. (Bond 2012 Proposition 4 -Aquatic Facilities)
Mayor Martinez referred to item 32.City Secretary Huerta announced that
Council Member Hunter would be abstaining from the discussion and vote on
this item.Interim Director of Parks and Recreation Stacie Talbert Anaya stated
that the purpose of this item is to execute a contract with Atlantis Aquatic
Group for the Collier Pool Renovations-Part A.Ms.Anaya provided the
following information:a location map;the project scope;the project budget
and timeline.There were no comments from the public.
Council members spoke regarding the following topics:the contingency on
construction contracts;funding for West Guth Pool;an explanation of the
price escalation;and the history and project timeline.
Council Member Garza made a motion to approve the motion,seconded by
Council Member Rosas.This Motion was passed and approved with the
following vote:
Aye: 8- Mayor Martinez,Council Member Garza, Council Member Magill, Council
Member McIntyre, Council Member Rubio, Council Member Rosas,
Council Member Scott and Council Member Vaughn
Abstained: 1 - Council Member Hunter
Enactment No: M2016-046
Q. FIRST READING ORDINANCES: (ITEMS 34-38)
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34. First Reading Ordinance-Accepting and appropriating the Click It
Or Ticket program grant within the Police Department
Ordinance authorizing the City Manager or designee to execute all
documents necessary to accept a grant in the amount of$16,987.31
from the State of Texas, Department of Transportation for the FY2016
Click It Or Ticket program grant; and appropriating the$16,987.31 in
the No. 1061 Police Grants Fund
Mayor Martinez referred to Item 34.Police Chief Mike Markle stated that the
purpose of this item is to accept a grant in the amount of$16,987.31 from the
Texas Department of Transportation for the Click It or Ticket Program grant to
be used during Memorial Day weekend.There were no comments from the
public.
A council member recognized the Police Department for their safety belt and
distracted driving enforcement efforts.
Council Member Rubio made a motion to approve the ordinance,seconded by
Council Member Magill.This Ordinance was passed on first reading and
approved with the following vote:
Aye: 7- Mayor Martinez,Council Member Garza, Council Member Magill, Council
Member McIntyre,Council Member Rubio, Council Member Scott and
Council Member Vaughn
Absent: 2- Council Member Hunter and Council Member Rosas
Abstained: 0
35. First Reading Ordinance-Accepting and appropriating the
Houston High Intensity Drug Trafficking Area (HIDTA) grant funds
within the Police Department
Ordinance authorizing the City Manager or designee to execute all
documents necessary to accept a grant award in the amount of
$170,815 from the Executive Office of the President, Office of National
Drug Control Policy, to support the Police Department's role in the
Texas Coastal Corridor Initiative in the Houston High Intensity Drug
Trafficking Area (HIDTA)for the salary and benefits of a full-time
program coordinator, one administrative assistant, overtime for 4
Corpus Christi Police Officers, and 4 lease vehicles; and appropriating
the $170,815 in the No. 1061 Police Grants Fund.
Mayor Martinez referred to Item 35.Police Chief Mike Markle stated that the
purpose of this item is to accept a grant award in the amount of$170,815 for
the Houston High Intensity Drug Trafficking Area(HIDTA).The program
focuses on drug interdiction in the coastal corridor.There were no comments
from the Council or the public.
Council Member Rubio made a motion to approve the ordinance,seconded by
Council Member Magill.This Ordinance was passed on first reading and
approved with the following vote:
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Aye: 7- Mayor Martinez, Council Member Garza, Council Member Magill, Council
Member McIntyre, Council Member Rubio,Council Member Scott and
Council Member Vaughn
Absent: 2- Council Member Hunter and Council Member Rosas
Abstained: 0
36. First Reading Ordinance-Appropriating Federal grant
amendment No. 2 for runway improvements at the airport
Ordinance appropriating $1,000,000 from Federal Aviation
Administration Grant No. 3-48-0051-049-2012 Amendment No. 2 in
the No. 3020 Airport Capital Improvement Fund for projects involving
Runway 18/36, Runway 13/31, taxiways, and storm water
improvements, with the 10% match provided from the Airport Capital
Reserve Fund; and amending the FY2015-2016 Capital Budget
adopted by Ordinance No. 030621 by increasing revenues and
expenditures by $1,000,000 each.
Mayor Martinez referred to Item 36.Director of Aviation Fred Segundo stated
that the purpose of this item is to appropriate$1,000,000 from Federal Aviation
Grant No.48 Amendment No.2 for projects involving Runway 18/36,Runway
13/31,taxiways and storm water improvements with a local 10%match.There
were no comments from the Council or the public.
Council Member McIntyre made a motion to approve the ordinance,seconded
by Council Member Garza.This Ordinance was passed on first reading and
approved with the following vote:
Aye: 8- Mayor Martinez, Council Member Garza, Council Member Magill, Council
Member McIntyre,Council Member Rubio, Council Member Rosas,
Council Member Scott and Council Member Vaughn
Absent: 1 - Council Member Hunter
Abstained: 0
37. First Reading Ordinance-Amending City Code regarding Island
Strategic Action Committee membership
Ordinance amending City Code of Ordinances regarding Island
Strategic Action Committee membership
Mayor Martinez referred to Item 37.Interim Assistant City Manager Jay
Ellington stated that the purpose of this item is to amend the City's Code of
Ordinances to add a member to the Island Strategic Action Committee to
represent the category of a person who resides on Mustang Island or who is an
employee of a Mustang Island property owner.There were no comments from
the Council or the public.
Council Member McIntyre made a motion to approve the ordinance,seconded
by Council Magill.This Ordinance was passed on first reading and approved
with the following vote:
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Aye: 8- Mayor Martinez,Council Member Garza, Council Member Magill, Council
Member McIntyre,Council Member Rubio,Council Member Rosas,
Council Member Scott and Council Member Vaughn
Absent: 1 - Council Member Hunter
Abstained: 0
38. First Reading Ordinance -Approving agreement and
appropriating funds to reimburse developer for the construction
of water arterial transmission and grid main line located east of
Ennis Joslin Road, south of Holly Road, and north of Wooldridge
Road.
Ordinance authorizing city manager or designee to execute a water
arterial transmission and grid main construction and reimbursement
agreement("Agreement")with MPM Development, L.P. ("Developer"),
for the construction of a water arterial transmission and grid main line
and appropriating $104,080.31 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 38.Assistant Director of Development Services
Dan McGinn stated that the purpose of this item is to execute a water arterial
transmission and grid main construction and reimbursement agreement in the
amount of$104,080.31 to provide adequate water to a new subdivision. There
were no comments from the Council or the public.
Council Member Garza made a motion to approve the ordinance,seconded by
Council Member Magill.This Ordinance was passed on first reading and
approved with the following vote:
Aye: 9- Mayor Martinez,Council Member Garza,Council Member Hunter, Council
Member Magill, Council Member McIntyre,Council Member Rubio,
Council Member Rosas, Council Member Scott and Council Member
Vaughn
Abstained: 0
R. FUTURE AGENDA ITEMS: (ITEMS 39 -41)
Mayor Martinez referred to Future Agenda Items.City Manager Olson stated
that staff did not have any planned presentations.A council member requested
information on Items 40 and 41.
39. Resolution approving a Developer Participation Agreement to
reimburse developer for the City's cost to extend North Oso
Parkway located east of Ennis Joslin Road, south of Holly Road,
and north of Wooldridge Road.
Resolution authorizing the City Manager or designee to execute a
developer participation agreement with MPM Development, L.P.,
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("Developer"), to reimburse the Developer up to$499,302.42 for the
City's share of the cost to extend North Oso Parkway, in accordance
with the Unified Development Code.
This Resolution was recommended to the consent agenda.
40. Authorizing a Service Agreement for Closed Circuit Televised
Inspection of Small-Diameter Wastewater Lines
Motion authorizing the City Manager, or designee, to enter into a
service agreement for Closed Circuit Televised Inspection of
Small-Diameter Wastewater Lines with Ace Pipe Cleaning of Kansas
City, Missouri in accordance with Bid Event No. 90, based on lowest
responsive, responsible bid, for an estimated annual expenditure of
$1,908,132.00. Funds have been budgeted by the Wastewater
Department in FY 2015-2016.
This Motion was recommended to the consent agenda.
41. Authorizing Lease Agreement for the operation of the City
Detention and Magistration Center in Wilson Plaza
Motion to authorize City Manager, or designee, to execute a Lease
Agreement, between Wilson Plaza Associates LP., for the operation of
the City Detention and Magistration Center
MOTION OF DIRECTION
Council Member McIntyre made a motion directing the City Manager to explore
options to improve and consolidate public safety facilities to include the City's
Detention Center,Police Department,Fire Department,and the Martin Luther
King building,and to bring back a timeline for an initial discussion and
preliminary findings in one month,seconded by Council Member Magill and
passed unanimously.
This Motion was recommended to regular agenda.
S. BRIEFINGS: (ITEMS 42 and 44)
42. Revisions to Chapter 14, Article II, Technical Construction Codes
Mayor Martinez referred to Item 42.Gene Delauro,Building Official,stated that
the purpose of this item is to discuss the significant revisions to the Technical
Construction Codes.Mr.Delauro explained that the purpose of adopting and
updated Building Codes is to recognize new construction materials and
methodologies and incorporate the latest design standards to protect public
health,safety and welfare.Meetings and workshops were held with all City
Technical Advisory Boards and local stakeholders throughout 2015.Mr.
Delauro summarized each of the following revisions:elimination of the city
electrical licensing program;elimination of the re-out electrical inspection
requirement;elimination of the 50%substantial damage/substantial
improvement requirement;the new provision to register building contractors;
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the new alternative wind load provision for commercial construction;
elimination of the 25%rule for foundation design and certification;the new
provision to require licensure for work on natural gas service systems;and the
proposed timelines and key dates.
44. Discovery -TNC Ordinance Reconsideration: Vehicle For Hire/
Taxi Ordinance
Mayor Martinez referred to Item 44.Interim Assistant City Manager Jay
Ellington stated that the purpose of this item is to continue the discussions
regarding the Transportation Network Companies(TNC)Ordinance-
Vehicle-for-Hire/Taxi Ordinance.Interim Assistant City Manager Ellington
provided a summary of the Corpus Christi Taxi Ordinance;a revised TNC
discovery spreadsheet and a spreadsheet on the vehicle for hire and taxi
standards discovery.
Interim Assistant City Manager Ellington presented the following information:a
timeline for the 3D process;the discovery timeline;responses to City Council's
questions from the April 12,2016 Council meeting including: how the cities of
Bryan and College Station changed their vehicle-for-hire/taxi ordinances in
response to TNC regulation,the measures taken by municipalities like College
Station and Bryan to audit TNC companies,what can be learned about TNC
regulations and vehicle-for-hire regulations from cities located outside of
Texas,how long the City Council is required to refrain from amending an
ordinance passed by referendum,an overview covering the vehicle for hire
discovery spreadsheet of 16 Texas cities,including Corpus Christi,and
general recommendations for the Tax Company Focus Group.Interim
Assistant City Manager Ellington said staff would like direction on the TNC
Skype interview sessions with Bryan,San Antonio and Houston and requested
that the City Council provide a few questions for the cities in advance.
Council members spoke regarding the following topics:the reason there are
no comparisons with the City of Midland and the reason TNCs are not
operating in other such cities;information from ordinances that do not work;
an accounting of the fees and regulations and the impact of lowering
requirements;the City of Austin's ballot language regarding the background
check for drivers and requirements for customer service;Skype sessions with
the cities of San Antonio,College Station,Houston,and Dallas;pre-data
collection from the City of Austin; information from cities that don't require
fingerprinting;and the general recommendations from the Taxi Company
Focus Group on the removal of the overhead light requirements and the ability
for drivers to use a phone to accept and dispatch rides.
T. ADJOURNMENT
The meeting was adjourned at 6:03 p.m.
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