HomeMy WebLinkAboutMinutes City Council - 07/26/2016 .o
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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 July 26, 2016 which were approved by the City
Council on August 9, 2016.
WITNESSETH MY HAND AND SEAL, on this the 9th day of August, 2016.
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Rebecca Huerta
City Secretary
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.. t. Meeting Minutes
City Council
Tuesday,July 26,2016 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 Pastor Brian Hill, First Baptist Church.
Pastor Brian Hill gave the invocation.
C. Pledge of Allegiance to the Flag of the United States to be led by Jay Ellington,
Interim Assistant City Manager.
Interim Assistant City Manager Jay Ellington 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 Margie C.Rose,City Attorney Miles K.Risley,and City Secretary
Rebecca Huerta.
Present: 7- Mayor Nelda Martinez,Council Member Rudy Garza,Council Member
Chad Magill,Council Member Colleen Mclntyre,Council Member Lucy
Rubio,Council Member Mark Scott, and Council Member Carolyn Vaughn
Absent: 2- Council Member Michael Hunter, and Council Member Brian Rosas
E. Proclamations/Commendations
1. Proclamation declaring July 30, 2016, "Feria de las Flores Pageant
Day".
Proclamation declaring July 31, 2016, "1966 Melon March
Commemoration Day".
Proclamation declaring July 31-August 2, 2016, "2016 Texas Citizen
Police Academy Alumni Association Convention Week".
Presentation of Honorary Citizen Certificates to Five 2016 Sister City
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Exchange Students.
City Manager Recognition of the Communication Department
Swearing-in ceremony of newly appointed Board, Commission and
Committee members.
Mayor Martinez presented the proclamations,presented honorary Citizen
Certificates to five 2016 Sister City Exchange Students,and conducted the
swearing-in ceremony of newly appointed board and committee members.
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 referred to comments from the public.Jack Gordy,4118 Bray,
spoke regarding enforcement of the ordinance requiring buildings to have
address numbers visible from the street.Colin Sykes,309 Aberdeen,spoke in
support of Agenda Item 25,Bicycle Sharing Program,and continued efforts to
expand bicycle safety in the City.Steve Harrison,118 Rossiter,spoke
regarding a hazardous concrete structure located at the intersection of
Everhart and Staples Street and acidic content in the water.Isabel Araiza,326
Poenisch,on behalf of For the Greater Good,spoke regarding the following:
the hardships of the water boil on citizens;live streaming public meetings to
increase citizen awareness;and the recent meetings regarding water supply
and wastewater.Rachael O'Reilley,925 Park Street,spoke regarding requiring
industry to pay costs associated with infrastructure and the City's mission
statement.Chris Phelan,1321 Ayers,spoke regarding the following topics:
setting the property tax rate;industry and infrastructure;subsidizing entities
through tax abatements;and water.Abel Alonzo,1701 Thames,spoke
regarding the negative comments made during City Council meetings
regarding the water boil and recommended citizens help bring solutions to the
problem.Rick Milby,4412 High Ridge Drive,requested assistance with the
application process regarding a variance on a set-back requirement for the
installation of a proposed cross structure.Joan Veith,5701 Cain Drive,
complimented the Solid Waste Department on their operation of Solid Waste
trucks in the construction zone on Williams Drive.Susie Luna Saldana,4710
Hakel,spoke regarding the problems associated with the water boil and
thanked City Manager Rose for speaking on her television program last
Thursday regarding the water situation and the steps to remedy the situation.
G. CITY MANAGER'S COMMENTS/UPDATE ON CITY OPERATIONS:
Mayor Martinez referred to City Manager's Comments.City Manager Margie C.
Rose reported on the following topics:
a. OTHER
1)The Communication Department recently won two honors at the Texas
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Association of Municipal Information Officers Awards program.The City
competed with other big cities and there were more than 350 entries statewide.
The first award received was the Award of Excellence in the Special
Publication category.Marinna Cardona and Brooks Hooper from the City's
in-house print shop were instrumental in designing and printing a unique
publication from start to finish for the Parks and Recreation Department.The
second award was the Award of Honor in Media Relations.DeAnna McQueen,
Michelle Villarreal Leschper and Gabriela Morrow were recognized for their
daily work with the news media,the new online newsroom and public
information initiatives.2)City Manager Rose,along with Fire Chief Robert
Rocha recognized the new Assistant Chief of Operations Ken Erben.3)The
City recently received the lowest interest rates.On July 14,2016,the City of
Corpus Christi priced certificate of obligations for the completion of Bond 2012
projects and refunded existing general obligation debt.Refunding is
essentially the government equivalent of refinancing to a lower interest rate.
Financial Services issued$16.43 million of certificates of obligation at a
premium yielding a true interest cost of 2.68%and$16.13 million of general
improvement refunding bonds at a premium yielding a true interest rate of
1.58%.These measures are expected to yield a net savings of approximately
$800,000,which is equivalent to an average annual debt service savings of
$60,000 per year for 15 years.4)Engineering Services will be holding a public
meeting Thursday,July 28,2016 beginning at 5:30 p.m.at the Lindale Senior
Center to discuss upcoming street reconstruction on a section of Kostoryz
Road from Brawner Parkway to Staples Street.
H. MINUTES:
2. Regular Meeting of July 19, 2016
Mayor Martinez referred to approval of the minutes.A motion was made by
Council Member Lucy Rubio,seconded by Council Member Rudy Garza,that
the Minutes be passed.The motion carried by a unanimous vote.
I. BOARD &COMMITTEE APPOINTMENTS: (NONE)
J. EXPLANATION OF COUNCIL ACTION:
K. CONSENT AGENDA: (ITEMS 3- 10)
Approval of the Consent Agenda
Mayor Martinez referred to the Consent Agenda.There were no comments from
the public.A council member requested that Item 7 be pulled for individual
consideration.
A motion was made by Council Member Magill,seconded by Council Member
McIntyre,to approve the Consent Agenda items.The consent agenda items
were approved by one vote as follows:
Aye: 7- Mayor Martinez,Council Member Garza, Council Member Magill,Council
Member McIntyre,Council Member Rubio,Council Member Scott and
Council Member Vaughn
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Absent: 2- Council Member Hunter and Council Member Rosas
Abstained: 0
3. Approving a service agreement for a chemical vent hood
replacement at the Police Department
Motion approving a service agreement with Haldeman Homme, Inc. of
Minneapolis, Minnesota with offices in Austin, Texas and Houston,
Texas for the chemical vent hood replacement at the Corpus Christi
Police Department, Forensics Division, in accordance with Bid Event
No. 84, based on the lowest, responsive, responsible bid for an
amount of$88,215.00. Funds are available in FY 2015-2016.
This Motion was passed on the Consent Agenda.
Enactment No: M2016-083
4. Approving the purchase of a Peterbilt Encore Light and Air Fire
Rescue Unit
Motion approving the purchase of a Peterbilt Encore Light and Air Fire
Rescue Unit from Siddons-Martin Emergency Group, Houston, Texas
for a total amount of$397,000.00. The award is based on the
cooperative purchasing agreement with Texas Local Government
Purchasing Cooperative (TLGPC), dba BuyBoard. Funds have been
budgeted by Fleet Maintenance Services in FY 2015-2016.
This Motion was passed on the Consent Agenda.
Enactment No:M2016-084
5. Approving Master Agreement for Facilities Multiple Award
Contract(FMAC)for the Minor Construction, Repair,
Rehabilitation,and Alteration of Facilities
Motion authorizing the City Manager or designee to execute a Master
Agreement for Facilities Multiple Award Contract(FMAC) for a
one-year term with option to renew administratively for up to two
one-year periods, with no guaranteed minimum and a maximum
aggregate of$2,000,000 per agreement in any one year; authorizing
the City Manager or designee to execute all Facilities Multiple Award
Contracts thereunder not exceeding $500,000 with the following:
Spaw Glass
Barcom Construction
Cruz Maintenance &Construction, Inc.
J E Construction Services (Alternate Contractor)
This Motion was passed on the Consent Agenda.
Enactment No: M2016-085
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6. Approving a service agreement for roof repair at Greenwood
Senior Center
Motion authorizing the City Manager, or designee, to execute a service
agreement with South Texas Metal Roofing of Corpus Christi, Texas,
for the roof repair of Greenwood Senior Center, in accordance with Bid
Event No. 120, based on lowest, responsive and responsible bid for an
amount not to exceed $184,250.00 and an additional 10% project
contingency in the amount of$18,425 for unforeseen repairs. Funds
have been budgeted through a Certificate of Obligation in FY
2015-2016.
This Motion was passed on the Consent Agenda.
Enactment No: M2016-086
8. Second Reading Ordinance-Accepting and appropriating State
grant for motor vehicle theft enforcement(1st Reading 7/19/16)
Ordinance authorizing the City Manager or the City Manager's
designee to execute all documents necessary to accept a grant from
the Texas Automobile Burglary Theft Prevention Authority (ABTPA)
grant in the amount of$410,973 to continue the motor vehicle theft
enforcement grant within the Police Department for Year 16, with a
City match of$660,714, in-kind match of$55,985 in the No. 1020
Police General Fund, and program income match of$1,020 for a total
project cost of$1,128,692; designating the Chief of Police as Program
Director and Director of Finance as financial officer for this ABTPA
grant; appropriating $410,973 from the ABTPA in the No. 1061 Police
Grants Fund; and appropriating $1,020 in program income match in
the No. 1061 Police Grants Fund to continue the motor vehicle theft
enforcement grant within the Police Department.
This Ordinance was passed on second reading on the Consent Agenda.
Enactment No: 030900
9. Second Reading Ordinance-Appropriating abandoned/unclaimed
monies from the Police Property Room (1st Reading 7/19/16)
Ordinance appropriating $5,573.49 from abandoned/unclaimed
monies from the Police Property Room, changing the FY 2015-2016
Operating Budget adopted by Ordinance No.030620 by increasing
revenue and expenditures in the General Fund No. 1020 by$5,573.49
each.
This Ordinance was passed on second reading on the Consent Agenda.
Enactment No:030901
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10. Second Reading Ordinance-Accepting and appropriating a State
grant and approving a Professional Services Contract for an
Aquifer Storage and Recovery (ASR) Feasibility Study (1st
Reading 7/19/16)
Ordinance amending the FY 2016 Capital Improvement Budget
adopted by Ordinance No. 030621 to add Project No. E16265 Corpus
Christi Aquifer Storage and Recovery (ASR) Feasibility Study;
accepting a Texas Water Development Board grant in the amount of
$433,388; appropriating $1,099,320 from Raw Water Supply
Development Fund No. 4041; and authorizing the City Manager or
designee to execute a Professional Services Contract with HDR
Engineering, Inc. of Austin, Texas in the amount of$601,980 for an
ASR Feasibility Study.
This Ordinance was passed on second reading on the Consent Agenda.
Enactment No: 030902
7. Lease-purchase of four Peterbilt 367 trucks for Solid Waste
Operations
Motion approving the lease-purchase of four Peterbilt 367 trucks from
Rush Truck Centers of Texas, L.P., of Houston, Texas for a total
amount not to exceed $855,000.00. Two trucks will be truck tractors
used to pull large refuse trailers and two trucks will be equipped with
Heil low lift 22 ft. roll-off beds to carry roll-off refuse containers. The
award is based on the cooperative purchasing agreement with the
Houston-Galveston Area Council (H-GAC).
(2) Peterbilt 367 Haul Truck Tractor (2) Peterbilt 367 with
Roll-Off
$343,922.00 $456,350.00
Total Lease-Purchase Price $800,272.00
Total Allowable Interest for Lease $54,728.00
Grand Total: $855,000.00
Mayor Martinez referred to Item 7,lease-purchase of four Peterbilt 367 trucks.A
council member asked questions regarding the replacement of the trucks,the
interest for the lease,the option to pay-as-you-go in the future;and whether
the purchase of the trucks would impact raises for drivers.Director of Solid
Waste Operations Lawrence Mikolajczyk explained that the current trucks are
beyond their useful life and will not impact raises for drivers.Director of Fleet
Operations Jim Davis explained the reason for recommending the
lease-purchase of the trucks.There were no comments from the public.
Council Member Garza made a motion to approve the motion,seconded by
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Council Member Mclntyre.This Motion was passed 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
Enactment No:M2016-087
M. PUBLIC HEARINGS: (ITEMS 14- 15)
14. Public Hearing and First Reading Ordinance - Rezoning property
located at 822 Graham Road
Case No. 0616-05 CCSemloh Partnership, Ltd.: A change of zoning
from the"RE" Residential Estate District and "CG-1" General
Commercial District to the"CG-2" General Commercial District. The
property to be rezoned is described as Tract 1: Being 10.536 acres out
of Lots 6 and 11, Section 48, Flour Bluff and Encinal Farm and Garden
Tracts and Tract 2: Being 0.552 acres out of Lots 7 and 10, Section
48, Flour Bluff and Encinal Farm and Garden Tracts, located on the
south side of Compton Road approximately 1,250 feet west of
Waldron Road.
Planning Commission and Staff Recommendation (June 29, 2016):
Tract 1: Denial of the change of zoning from the"RE" Residential
Estate District and "CG-1" General Commercial District to the"CG-2"
General Commercial District, and in lieu thereof, approval of a"RE/SP"
Residential Estate District with a Special Permit for a boat and
recreational vehicle storage facility subject to compliance with the
setbacks and buffering elements identified in the site plan and thirteen
conditions.
Tract 2: Approval of the rezoning from the"RE" Residential Estate
District and "CG-1" General Commercial District to the"CG-2" General
Commercial District.
Ordinance:
Ordinance amending the Unified Development Code ("UDC"), upon
application by CCSemloh Partnership, Ltd. ("Owner"), by changing the
UDC Zoning Map in reference to 10.536 acres out of Lots 6 and 11,
Section 48, Flour Bluff and Encinal Farm and Garden Tracts(Tract 1)
from the "RE" Residential Estate District and "CG-1" General
Commercial District to the"RE/SP" Residential Estate District with a
Special Permit for a boat and recreational vehicle storage facility, and
in reference to 0.552 acres out of Lots 7 and 10, Section 48, Flour
Bluff and Encinal Farm and Garden Tracts (Tract 2) from the"RE"
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Residential Estate District and "CG-1" General Commercial 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 deviated from the agenda and referred to Item 14.Interim
Director of Development Services Daniel McGinn stated that the purpose of
this item is to rezone the subject property to allow construction of an enclosed
boat and recreational vehicle storage facility on Tract 1 and general
commercial uses on Tract 2.Mr.McGinn stated that the Planning Commission
and staff recommend on Tract 1:denial of of the"CG-2"General Commercial
District,and in lieu thereof,approval of a"RE/SP"Residential Estate District
with a Special Permit for a boat and recreation vehicle storage facility subject
to compliance with the setback and buffering elements identified in the site
plan and 13 conditions;Tract 2:Approval of the rezoning to the"CG-2"General
Commercial District.
Mayor Martinez opened the public hearing.There were no comments from the
public.A council member requested clarification of the address listed on
Graham Road.Mayor Martinez closed the public hearing.
Council Member Magill made a motion to approve the ordinance,seconded by
Council Member McIntyre.This Ordinance was passed on first reading and
approved with the following vote:
Aye: 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
15. Public Hearing and First Reading Ordinance -Rezoning property
located at 1322 Rhew Road
Case No. 0616-06 Isaias Franco: A change of zoning from the"R-MH"
Manufactured Home District to the"IL/SP" Light Industrial District with
a Special Permit on Tract 1 for a concrete batching plant and to the
"IL" Light Industrial District on Tract 2. Tract 1 is described as a
4.00-acre tract and Tract 2 is described as a 25.003-acre tract, both
tracts being out of the Anthony C. Page Survey 591, Abstract 1010
and the A.M. French Survey 312, Abstract 1018. The subject property
is located on the east side of Rhew Road between Leopard Street and
Sedwick Road.
Planning Commission and Staff Recommendation (June 29, 2016):
Tract 1: Approval of the"IUSP" Light Industrial District with a Special
Permit subject to nine conditions.
Tract 2: Approval of the "IL" Light Industrial District.
Ordinance:
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Ordinance amending the Unified Development Code ("UDC"), upon
application by Isaias Franco ("Owner"), by changing the UDC Zoning
Map in reference to Tract 1, described as a 4.00-acre tract, to the
"IUSP" Light Industrial District with a Special Permit for a concrete
batching plant, and in reference to Tract 2, described as a 25.003-acre
tract, to the"IL" Light Industrial District, both tracts being out of the
Anthony C. Page Survey 591, Abstract 1010 and the A.M. French
Survey 312, Abstract 1018; amending the Comprehensive Plan to
account for any deviations; and providing for a repealer clause and
publication.
Mayor Martinez referred to Item 15.Interim Director of Development Service
Daniel McGinn stated that the purpose of this item is to rezone the subject
property to allow construction of a temporary concrete batch plant on Tract 1
and future light industrial uses on Tract 2.Mr.McGinn stated that the Planning
Commission and staff on Tract 1:Approval of the"IUSP"Light Industrial
District with a Special Permit subject to nine conditions;Tract 2:Approval of
the"IL"Light Industrial District Mr.McGinn stated that the zoning request
received 20%opposition from a landowner to the south of the subject property
which would require a super majority vote of the City Council to pass.
Council members spoke regarding the following topics:the reason for the
opposition;platted construction near the property;the length of time the
temporary concrete batch plant will operate;compatible uses in the area;and
consistent light industrial uses in the area.
Mayor Martinez opened the public hearing.There were no comments from the
public.Mayor Martinez closed the public hearing.
Council Member Magill 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: 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
N. REGULAR AGENDA: (ITEMS 16 -19)
16. Resolution authorizing a natural gas supply contract
Resolution authorizing the City Manager, or the City Manager's
designee, to execute a five-year natural gas supply contract with
NextEra Energy Power Marketing, LLC ("NextEra"), Juno Beach,
Florida for an estimated amount$125,000,000.00, of which
$1,500,000.00 is needed for the remainder of the FY 2015-2016, for
the purchase of 100% of the City's natural gas requirement from
August 1, 2016 to July 31, 2021.
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Mayor Martinez referred to Item 16.Director of Gas Operations Bill Mahaffey
stated that the purpose of this item is to execute a five-year natural gas supply
contract with NextEra Energy Power Marketing,LLC for an estimated amount
of$125,000,000,of which$1,500,000 is needed for the remainder of
FY2015-2016,for the purchase of 100%of the City's natural gas requirement
from August 1,2016 to July 31,2021.There were no comments from the
Council or the public.
Council Member McIntyre made a motion to approve the resolution,seconded
by Council Member Rubio.This Resolution was passed and approved with the
following vote:
Aye: 6- Mayor Martinez,Council Member Magill,Council Member McIntyre,
Council Member Rubio, Council Member Scott and Council Member
Vaughn
Absent: 3- Council Member Garza,Council Member Hunter and Council Member
Rosas
Abstained: 0
Enactment No:030903
17. One Reading Action Item -Engineering Contract for Water System
Assessment and Optimization
Ordinance amending the FY 2016 Capital Improvement Budget
adopted by Ordinance No. 030621 to add Project No. E16332 City of
Corpus Christi Water System Assessment and Optimization;
transferring funds in the amount of$555,000 from Water Capital
Reserves; and authorizing the City Manager or designee to execute a
contract for professional services with Hazen and Sawyer of Corpus
Christi, Texas in the amount of$500,000 for the City of Corpus Christi
Water System Assessment and Optimization Project; and declaring an
emergency.
Mayor Martinez referred to Item 17.City Manager Margie Rose stated that Items
17 and 18 are related to the water system.The City issued a water boil advisory
in May 2016 and contracted with LNV,Inc.to provide assistance with the water
quality issues.LNV,Inc.teamed with Hazen and Sawyer as a sub-consultant on
the project.The purpose of Item 17 is to enter into a contract with Hazen and
Sawyer,with LNV,Inc.as the subcontractor.The purpose of Item 18 is to
expedite the procurement of materials and services associated with water
quality issues.Interim Director of Water Utilities Dan Grimsbo provided a brief
overview of the project scope of the contract with Hazen and Sawyer to
evaluate the current water treatment operations,and to develop and implement
short-term improvements and modifications to optimize the overall water
system.Dan Leyendecker with LNV Inc.and Dr.Bill Becker with Hazen and
Sawyer were available to respond to questions.
Council members and the presentation team discussed the following topics:
the continuation of the project to assess and evaluate the entirety of the water
system from raw water through distribution with product delivery expected in
August;evaluating whether the materials and processes are most beneficial
considering our water;the purpose of the Granular Activated Carbon(GAC)
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Pilot Study and its feasibility at the O.N.Stevens Water Treatment Plant;the
benefit of a pilot plant;the nitrification action plan;the technical expertise of
personnel;development of best practices;a status of the water investigation
committee;the differences between the process used by the City in 1996 and
the recommendations today regarding GAC;a recent interview provided by
Bob Bowcock;issues associated with exceeding turbidity levels;the benefit of
having a pilot program in place for future water sources;data trending;and
updates to standard operating procedures.
There were no comments from the public regarding Item 17.
Council Member Rubio made a motion to approve the ordinance,seconded by
Council Member Garza.This Ordinance was passed on emergency 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
Enactment No:030904
18. One Reading Action item -Authorization to declare emergency
and expedite procurement of goods and services associated with
water quality
Resolution declaring an emergency and expediting the procurement of
goods and services necessary for water quality improvements in an
amount not to exceed $2,720,000, and authorizing the City Manager,
or designee, to execute all documents necessary for these emergency
procurements pursuant to State law and Article X, Section 2 of the
Charter of the City of Corpus Christi.
Mayor Martinez referred to Item 18.Interim Director of Water Utilities Dan
Grimsbo presented a hard copy of the resolution reflecting a change to Exhibit
A,goods and services,which removed the chlorine analyzer filters.The
purpose of this item is to declare an emergency and expedite procurement not
to exceed$2,720,000 to expedite the procurement of materials and services
associated with water quality issues.There were no comments from the
Council or the public.
Council Member Rubio made a motion to approve the resolution,seconded by
Council Member Garza.This Resolution was passed 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
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Enactment No: 030905
19. One Reading Action Item -Transfer of Wastewater Reserves to
expedite payment to contractor for work already completed
Ordinance authorizing transfer of Wastewater Reserves in the amount
of$241,335.85 in Fund No. 4249 to project E16331 for payment to
National Power Rodding for emergency wastewater repairs on May 17
and May 22, 2016; changing the FY 2015-2016 Capital Improvement
Budget adopted by Ordinance No. 030621 to increase expenditures by
$241,335.85; and declaring an emergency.
Mayor Martinez referred to Item 19.Interim Director of Water Utilities Dan
Grimsbo stated that the purpose of this item is to authorize the transfer of
wastewater reserves in the amount of$241,335.85 to the Indefinite
Delivery/Indefinite Quantity(IDIQ)contract for payment to National Power
Rodding for emergency wastewater repairs on May 17 and May 22,2016.To
ensure public health,safety,and welfare as well as prevent additional damage
to City infrastructure,the Utilities Department issued an emergency delivery
order to make immediate repairs on two wastewater breaks which led to two
street cave-ins.Mr.Grimsbo explained that although there is an emergency
clause in the IDIQ contract to make emergency repairs,he should have
ensured the correct protocol for an emergency declaration was followed.The
work was performed quickly and there were no related injuries to staff or the
public as a result to the collapse of the streets.
Mayor Martinez called for comments from the public.Abel Alonzo,1701
Thames,spoke regarding the comments made on the previous items regarding
the good staffing at the Water Department.A council member spoke regarding
Mr.Grimsbo taking responsibility for this item.
Council Member McIntyre made a motion to approve the ordinance,seconded
by Council Member Magill.This Ordinance was passed on emergency 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
Enactment No:030906
O. FIRST READING ORDINANCES: (ITEM 21)
21. First Reading Ordinance-Amending City Code regarding Sister
City Committee
Ordinance amending City Code of Ordinances regarding Sister City
Committee and authorizing the City Manager or designee to execute a
Memorandum of Agreement with the Corpus Christi Convention and
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Visitors Bureau regarding management of the committee
Mayor Martinez deviated from the agenda and referred to Item 21.Interim
Director of Parks and Recreation Stacie Talbert Anaya stated that the purpose
of this item is to amend the City's Code of Ordinances regarding the Sister City
Committee and execute a Memorandum of Agreement(MOA)with the Corpus
Christi Convention and Visitors Bureau(CVB).Ms.Anaya provided a brief
overview of the Sister City Committee and explained that in recent years,the
committee has struggled due to reduction in city funding,lack of
administrative support,a singular focus on the student exchange program,
and difficulty meeting quorum for the 15-member committee.Ms.Anaya
presented information on the changes to the ordinance and the proposed
MOA.Paulette Kluge,CVB,was available to respond to questions.There were
no comments from the public.
Council members spoke in appreciation to the partnership between the Parks
and Recreation Department and the CVB.
Council Member Rubio made a motion to approve the ordinance,seconded by
Council Member Scott.This Ordinance was passed on first reading and
approved with the following vote:
Aye: 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
L. EXECUTIVE SESSION: (ITEMS 11 - 13)
Mayor Martinez deviated from the agenda and referred to the day's executive
sessions.The Council went into executive session.
11. Executive session pursuant to Texas Government Code§551.071
for consultation with attorneys regarding collective bargaining matters,
(including litigation) between the City of Corpus Christi and the Corpus
Christi Firefighters Association.
This E-Session Item was discussed in executive session.
12. 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 (including TCEQ and
EPA regulations) related to the provision of utility services in industrial
districts, desalination, utility rate design, and water and wastewater
treatment and distribution and pursuant to Texas Government Code
§551.072 to discuss and deliberate the purchase, exchange, lease,
and/or value of property for a potential desalination plant where
deliberation in an open meeting would have a detrimental effect on the
position of the governmental body in negotiations with a third person.
This E-Session Item was discussed in executive session.
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13. Executive Session pursuant to Texas Government Code§551.074
(Personnel Matters) to discuss the appointment, employment, and
duties of public officers or employees, including, but not limited to, the
position of the City Manager.
Mayor Martinez referred to Item 13 and the following motion was considered:
Motion to authorize the Mayor to execute the employment agreement with City
Manager Margie C.Rose provided to City Council and the City Secretary,with a
base salary of$220,000 annually.
Council Member Scott made a motion to approve the motion,seconded by
Council Member McIntyre.This Motion was passed 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
Enactment No:M2016-088
O. FIRST READING ORDINANCES: (ITEMS 20, 22-24 and 26)
20. First Reading Ordinance-Accepting a grant from KaBOOM! and a
donation from Beautify Corpus Christi Association (BCCA)to
build a playground and improve Dr. H. C. Dilworth Park
Ordinance authorizing the City Manager or designee to execute
documents to apply for and accept park equipment estimated value of
$300,000 from KaBOOM! for park improvements at Dr. H. C. Dillworth
Park and to accept$8,500 in donated funds from Beautify Corpus
Christi Association, and to appropriate said funds in the no. 4720
Community Enrichment Fund for the park improvements.
Mayor Martinez deviated from the agenda and referred to Item 20.Interim
Director of Parks and Recreation Stacie Talbert Anaya stated that the purpose
of this item is to execute documents to apply for and accept park equipment
with an estimated value of$300,000 from KaBOOM!for park improvements at
Dr.H.C.Dillworth Park and to accept an$8,500 donation from Beautify Corpus
Christi.There were no comments from the Council or the public.
Council Member McIntyre 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: 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
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Abstained: 0
22. First Reading Ordinance- Exemption from the Wastewater
Acreage/Lot Fees for Nueces Garden No.2, Lot 49A located south
of Leopard Street and west of Starlite Lane within Allison Service
Area
Ordinance exempting Nueces Garden No.2, Lot 49A located south of
Leopard Street and West of Starlite Lane, from the payment of
wastewater lot and acreage fees pursuant to Section 8.5.2.G.1. of the
Unified Development Code; requiring the owner/developer to comply
with the specified conditions.
Mayor Martinez deviated from the agenda and referred to Item 22.Assistant
Director of Development Services Julio Dimas stated that the purpose of this
item is to exempt the subject property from payment of wastewater lot and
acreage fees as described in the Unified Development Code.Staff is
recommending waiver of the wastewater lot and acreage fees and that the
applicant enter into a Santiary Sewer Connection Agreement that would require
the applicant to connect to future wastewater service should the city extend
service within the next 15 years.There were no comments from the Council or
the public.
Council Member Rubio made a motion to approve the ordinance,seconded by
Council Member Garza.This Ordinance was passed on first reading and
approved with the following vote:
Aye: 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
23. First Reading Ordinance-Approving agreement and
appropriating funds to reimburse developer for the construction
of a water distribution main located alongside Up River Road,
south of Interstate Highway 37, east of McKenzie Road and north
of Leopard Street.
Ordinance authorizing city manager or designee to execute a
distribution main extension and construction and reimbursement
agreement("Agreement")with Vantage at Corpus Christi, LLC.,
("Developer"), for the construction of a water distribution main line and
appropriating $4,154.50 from the No. 4030 Water Distribution Main
Trust Fund to reimburse the Developer in accordance with the
Agreement.
Mayor Martinez referred to Item 23.Assistant Director of Development Services
Julio Dimas stated that the purpose of this item is to execute a distribution
main extension and construction and reimbursement agreement in the amount
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of$4,154.50 with Vantage at Corpus Christi,LLC for the construction of a
distribution line and to appropriate$4,154.50 from the Water Trust Fund.The
developer is required to build a 6-inch water distribution line to provide service
to their development.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: 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
24. First Reading Ordinance-Closing a utility easement located at
4000 S. Staples
Ordinance abandoning and vacating a 0.041-Acre portion of an
existing utility easement out of a part of Lots 7 and 8, Block 5 of
Hamlin Place Unit 2-Corpus Christi Subdivision, located at 4000 S.
Staples and requiring the owner, American Electric Power(AEP)
Texas Central Company, to comply with the specified conditions.
Mayor Martinez referred to Item 24.Assistant Director of Development Services
Julio Dimas stated that the purpose of this item is to abandon and vacate an
easement located at an American Electric Power(AEP)substation.AEP is
proposing future development and this easement would interfere with the
development.Staff recommends waiving the fair market value since the owner
will be dedicating an equivalent easement.There were no comments from the
Council or the public.
Council Member McIntyre made a motion to approve the ordinance,seconded
by Council Member Magill.This Ordinance was passed on first reading 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
26. First Reading Ordinance-Appropriating estimated increased
revenues related to Warehouse merchandise sold
Ordinance appropriating estimated increased revenues of$700,000 in
the No. 5010 Stores Fund to cover projected increased expenses in
the City's Warehouse related to the cost of Warehouse merchandise
sold and amending the FY 2015-2016 operating budget adopted by
Ordinance No. 030620 by increasing revenues and expenditures by
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$700,000 each.
Mayor Martinez deviated from the agenda and referred to Item 26.Director of
Financial Services Constance Sanchez stated that the purpose of this item is to
appropriate a projected increase in warehouse revenue of approximately
$700,000 in the Stores Fund to cover projected expenses in the warehouse
related to the cost of warehouse merchandise sold through the end of the
fiscal year.There were no comments from the public.In response to council
members,Assistant Director of Financial Services Kim Baker provided
information on the items sold in the warehouse;operations at the warehouse;
and warehouse facility repairs.
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: 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
P. FUTURE AGENDA ITEMS: (ITEMS 27 -31)
Mayor Martinez referred to Future Agenda Items:City Manager Margie C.Rose
stated that staff had planned presentations on Items 27,28 and 31.
27. Setting the City Council Meeting Date to Adopt the Property Tax
Rate
Motion setting September 13, 2016 as the date of the adoption of the
ad valorem tax rate of$0.606264 per$100 valuation.
This Motion was recommended to the regular agenda.
28. Scheduling Two Public Hearings Related to Fiscal Year 2016-2017
Property Tax
Motion setting a public hearing on the ad valorem tax rate for August
23, 2016 and a second public hearing for August 30, 2016 during the
City Council meeting beginning at 11:30 a.m. at City Hall, 1201
Leopard Street, Corpus Christi, Texas.
This Motion was recommended to the regular agenda.
29. Resolution for the purchase of Body Worn Video Cameras for the
Police Department
Resolution authorizing the City Manager, or designee, to purchase
body worn video cameras for the Police Department from Coban
Technologies Inc., of Houston, Texas, fora total cost of$130,414.00.
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Funding is available in Police Grants Fund FY 2015-2016.
This Resolution was recommended to the consent agenda.
30. Purchase of 37 Ford Explorer Vehicles for the Police Department
Motion approving the purchase of 37 Ford Explorer Vehicles from
Caldwell Country Ford-Chevrolet, Caldwell, Texas for a total amount of
$1,077,680.90. The award is based on the cooperative purchasing
agreement with Texas Local Government Purchasing Cooperative
(TLGPC), dba BuyBoard. Funds have been budgeted by CC Crime
Control and Fleet Maintenance Services in FY 2015-2016.
This Motion was recommended to the consent agenda.
31. Renewal of state and federal external legislative consultant
contracts
Motion authorizing the City Manager to execute 24-month renewal
agreements for governmental relation services with Focused Advocacy
for state governmental relations services for$108,000 per year plus
reasonable expenses and with Meyers &Associates for federal
governmental relations services for$78,000 per year plus reasonable
expenses.
This Motion was recommended to the consent agenda.
O. FIRST READING ORDINANCES: (ITEM 25)
25. First Reading Ordinance-Authorizing a Participation Agreement
for Bicycle Sharing Program with the Corpus Christi Downtown
Management District
Ordinance authorizing the City Manager or designee to execute a
participation agreement for Bicycle Sharing program with the Corpus
Christi Downtown Management District for$90,000 over 3 years; and
authorizing the City Manager or his designee to execute Licenses for
Use of City Property to install bicycle racks for bicycle sharing service
with Zagster, Inc(" Licensee")
Mayor Martinez deviated from the agenda and referred to Item 25.Business
Liaison Alyssa Barrera stated that the purpose of this item is to execute a
three-year funding agreement with the Corpus Christi Downtown Management
District(DMD)for a Bike Share Program in the amount of$30,000 per year for
three years.Terry Sweeney,DMD,provided a brief overview of the following:
the bike share program process;the goals of the program:to achieve health
and fitness,support tourism,increase economic development;and bridge the
gap of the last mile between where transit ends and the rider's final
destination;the turn-key offerings of Zagster,Inc.;bike share locations;and
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the program timeline.
Mayor Martinez called for comments from the public.Abel Alonzo,1701
Thames,spoke in support of the program and the partnership.
Council Member Magill made a motion to approve the ordinance,seconded by
Council Member McIntyre.This Ordinance was passed on first reading and
approved with the following vote:
Aye: 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
R. APPEALS OF DECISIONS OF THE BUILDING STANDARDS BOARD (ITEMS 35-
NI
35. Consideration of an appeal filed by Oscar De Los Santos of the
Building Standards Board's decision to require demolition of the
residential and accessory structures of the property located at 3769
Wilson Drive.
Mayor Martinez deviated from the agenda and referred to Item 35,
consideration of an appeal filed by Oscar De Los Santos of the Building
Standards Board's decision to require demolition of the residential and
accessory structures on property located at 3769 Wilson Drive.Tracey Cantu,
Code Enforcement Administrator,presented the statement of facts:the
structure was deemed substandard in August 2014;communication between
Code Enforcement and the property owner from August 2014 through
September 2015 regarding progress made toward the renovation of the
residential structure and maintenance of the exterior property;the lack of
communication on the progress on the property;a complaint was filled with
the Building Standards Board on November 6,2015 and presented to the Board
on November 19,2015.Mr.De Los Santos was not present at the Building
Standards Board meeting.Due to the substandard and dilapidated condition of
the residential and accessory structures,a hazard to the health and safety of
the public was declared and the Building Standards Board ordered the
structures at 3769 Wilson Drive to be removed or demolished by the owner
within 30 days.If demolition was not started or completed as required,the City
was authorized to demolish.On December 21,2015,Mr.De Los Santos
submitted a notice of appeal in writing.In April 2016,the appeal was to be
heard by City Council but was rescheduled due to severe weather which
prevented Mr.De Los Santos from attending.Ms.Cantu provided an brief
overview of the abatements and taxes owed on the property for a total of
$3,110.11.The property has been neglected and vandalized multiple times,
requiring Code Enforcement to secure the home to reduce the risk of fire
damage and further deterioration to protect the integrity of the neighborhood.
Oscar De Los Santos,Appellant,stated that Ms.Cantu has been very helpful
walking him through process once the decision was made and explaining the
appeal process.Mr.De Los Santos said he agreed to demolish the garage
because the structure is no longer repairable due to a fallen tree,vandalism,
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and on-going theft of the materials that were being used to renovate the
structure.Mr.De Los Santos stated that the main living structure was boarded
several times,both by himself and by the City,and when he was notified by
Code Enforcement that the property had been accessed again,he would board
it back up.Mr.De Los Santos expressed concern that if the entire structure is
demolished without establishing a rental property,the property would be open
to illegal dumping.The property has been vacant for 12 years and has
accumulated over$12,000 in cleaning fees from illegal dumping.Mr.De Los
Santos requested consideration to allow him to demolish the garage structure
and continue to move forward with repairing the residential structure.
Council members spoke regarding the following topics:the willingness of the
appellant to demolish the garage;the appellant's ability to renovate the
property;the timeline to bring the structure up to code;state law requirements
which require the appellant to detail repairs;the reasons improvements have
not been made on the property since 2014;notification to the property owner
regarding the Building Standards Board meeting;the property being a
nuisance to the neighborhood;the timeframe that the property has been
vacant;the neglect and delinquent taxes on the property;the timeframe when
there was a contractor renovating the property;the abatement schedule;and
the financial commitment needed to renovate the property.
Mayor Martinez called for comments from the public and there were none.
Assistant City Attorney Yvette Aguilar provided a packet of the applicable and
revelant laws related to the case.Assistant City Attorney Aguilar stated that the
following are the facts of the appeal:the Appellant has not alleged and shown
that the Board's decision is erroneous;the Appellant has not alleged and
shown that the Board's decision would cause undue hardship;and the
Appellant has not alleged and shown that enforcement of the Board's order or
any provision of the Code would be manifestly unjust and contrary to the
public's interest.
City Secretary Huerta explained the three options for Council Action: 1)To
deny the appeal(upholding the decision of the Building Standard Board's
decision;2)To sustain the appeal(reversing the Board's decision);or 3)
Amend the Board's decision(in whole or in part).
Council Member McIntyre made a motion to approve the resolution denying
Oscar De Los Santos'appeal,thereby upholding the Building Standards Board
order to demolish the buildings and structures on the property located at 3769
Wilson Drive,seconded by Council Member Garza.This Resolution was
passed 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
Enactment No:030907
36. Consideration of an appeal filed by Beatrice Rodriguez of the Building
Standards Board's decision to require demolition of the residential and
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accessory structures on the property located at 4501 Mokry Drive.
Mayor Martinez referred to Item 36,consideration of an appeal filed by Beatrice
Rodriguez of the Building Standards Board's decision to require demolition of
the residential and accessory structures on the property located at 4501 Mokry
Drive.City Secretary Huerta announced that the City Council was provided
information on Friday from Ms.Rodriguez requesting to reset the hearing.Ms.
Rodriguez was present at the meeting and agreed to continue the hearing.
Council Member Scott made a motion to move forward with the hearing,
seconded by Council Member Vaughn and passed unanimously(Council
Members Hunter,Rosas,and Rubio were absent).
Tracey Cantu,Code Enforcement Administrator,presented the statement of
facts for the property located at 4501 Mokry Drive including:the initial
complaint that was brought to the attention of the Code Enforcement
Department;the Code Enforcement has worked with the property owner to
provide options for maintaining the property;in November 2015,Code
Enforcement moved forward with the case against the property and deemed
the property substandard;a notice of violation was posted on the property on
March 8,2016;a complaint was filed with the Building Standards Board on
March 14,2016 and notification was sent to the property owner;the case was
presented to the Building Standards Board on March 31,2016 and Ms.
Rodriguez was not present at the hearing.The Building Standards Board ruled
that due to the substandard and dilapidated condition of the residential and
accessory structures,a hazard to the health,safety and well-being of the
public was declared and ordered the structure to be removed or demolished by
the owner within 30 days.Ms.Cantu provided photos of the property.Ms.
Cantu provided information on the abatements on the property totaling
$816.00.A demolition grant was made available to Ms.Rodriguez,but Ms.
Rodriguez did not avail herself of it.The Code Enforcement Department has a
history of trying to work with Ms.Rodriguez at this property and a property
located on 11th Street where arrangements for pro bono work have been made
to assist her.Ms.Rodriguez has submitted numerous letters in response to
activity taken by Code Enforcement against her properties.There has not been
any progress with the properties and often Code Enforcement has had to seek
a warrant because Ms.Rodriguez becomes volatile during abatements.In
consideration of the health and safety of the neighborhood and the property
being on the corner of a major roadway with overgrown grass which causes a
vision obstruction for traffic and pedestrians,Code Enforcement has had to
abate the property.There have also been numerous complaints about the
property from neighbors,including a petition regarding the condition of the
property.
Beatrice Rodriguez,Appellant,stated that the home has not been in bad
condition since 2007.Ms.Rodriguez stated that there had been minimal fire
damage to the property in 2005 and added that she has been living at the
residence.Ms.Rodriguez said that the photos presented were misleading and
that a majority of the damage was caused by a storm in 2005.Ms.Rodriguez
said she has been under a hardship taking care of her father.Ms.Rodriguez
stated that she has applied for a grant from the Federal Emergency
Management Agency(FEMA)and that FEMA has classified the home as livable.
Ms.Rodriguez said she also applied for a grant from the City in November and
it was not awarded. Ms.Rodriguez stated that she has not been given the help
she has asked for and has responded to Code Enforcement continuously
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through letters.
Mayor Martinez called for comments from the public.Estela Narvaez stated
that her brother owns the property next to Ms.Rodriguez and is currently
renting it to her daughter and boyfriend over the past two months.Ms.Narvaez
explained that the home is in really bad condition and rats,oppossums and
snakes are often seen on the property.Ms.Narvaez said the property has been
vacant since 2005.
City Attorney Miles K.Risley presented a series of questions to Ms.Rodriguez
regarding statements made in her appeal letter.Assistant City Attorney Yvette
Aguilar stated that the revelant provisions apply to this case.Assistant City
Attorney Aguilar explained that this house was ordered to be demolished by
the owner,and if the owner didn't demolish it,the City would do so.Assistant
City Attorney Aguilar stated that the following are the facts of the appeal:the
Appellant has not alleged and shown that the Board's decision is erroneous;
the Appellant has not alleged and shown that the Board's decision would
cause undue hardship;and the Appellant has not alleged and shown that
enforcement of the Board's order or any provision of the Code would be
manifestly unjust and contrary to the public's interest.
Council Member Scott made a motion to approve the resolution denying
Beatrice Rodriguez's appeal,thereby upholding the Building Standards Board
order to demolish the buildings and structures on the property located at 4501
Mokry Drive,seconded by Council Member Vaughn.This Resolution was
passed and approved with the following vote:
Aye: 6- Mayor Martinez,Council Member Garza, Council Member Magill, Council
Member McIntyre,Council Member Scott and Council Member Vaughn
Absent: 3- Council Member Hunter,Council Member Rubio and Council Member
Rosas
Abstained: 0
Enactment No:030908
Q. BRIEFINGS: (ITEMS 32-34)
32. Bond Continuation Projects
Mayor Martinez deviated from the agenda and referred to Item 32,Bond
Continuation Projects.City Manager Margie C.Rose stated that staff provided
a list of continuous bond projects to continue additional work on these
projects.The purpose of this item is to have dialogue and direction from the
City Council on how to proceed with these projects.Executive Director of
Public Works Valerie Gray provided a project description on the following eight
transportation related improvement projects:Rodd Field Road and Yorktown
Boulevard Intersection Improvements;Six Points Intersection Improvements;
TxDOT Participation&Mobility Improvements;Traffic Signal&Intersection
Infrastructure Improvements;Traffic Signal Communications&Network
Improvements;Street Lighting Improvements;ADA Improvements;and
Developer Participation.
Council members and staff discussed the following topics:support for Rodd
Field Road and ADA improvements;the location and distance of the Six Points
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Intersection Improvements;the increased growth and traffic on Rodd Field
Road,including a new southside campus for Del Mar College;a continuation
project for Laguna Shores from Bond 2004;the cost for reconstruction of
Laguna Shores,specifically the section between Hustlin'Hornet and
Mediterranean;the wetland issue that impacts Laguna Shores;the possibility
of having a substitute road for Laguna Shores;the debt capacity to ensure
there is not a tax increase;the initial concerns City Council had with having a
Bond 2016;improvements to traffic signalization;infrastructure being
economic development;consideration to include a residential street
reconstruction program in Bond 2016;the language from the 2014 Arlington
Bond Program for residential street reconstruction program;the scope and
design for Laguna Shores;staff shortages in the Engineering and Street
Departments;City Council's previous decision to not have a Bond 2016;
concern with rushing a decision to include a bond package without vetting the
3D process(Discovery,Discuss,and Decide);and providing information to
City Council that demonstrates a ten-year plan for streets,including a
residential street reconstruction program.
MOTION OF DIRECTION
Council Member McIntyre made a motion directing the City Manager to get a
feasibility for Laguna Shores continuation of Bond 2004,to look at all three
phases,with a priority on the center section,seconded by Council Member
Magill.The motion passed with the following vote:Mayor Martinez,Council
Members Garza,Magill,McIntyre,and Scott;Council Member Vaughn voting
"No";Council Members Hunter,Rosas,and Rubio-absent.
MOTION OF DIRECTION
Council Member Magill made a motion directing the City Manager to move
forward with Rodd Field Road and Yorktown Boulevard Intersection
Improvements;Six Points Intersection Improvements;TxDOT Participation&
Mobility Improvements;Traffic Signal&Intersection Infrastructure
Improvements;Traffic Signal Communications&Network Improvements;
Street Lighting Improvements;ADA Improvements;and Developer
Participation,seconded by Council Member Garza and passed unanimously;
Council Members Hunter,Rosas,Rubio,and Vaughn-absent.
33. Draft Ballot Language for November 8, 2016 Special Election
Mayor Martinez referred to Item 33.City Secretary Rebecca Huerta stated that
at the July 19,2016 City Council meeting,the draft ballot language was
discussed and the City Council directed staff to provide options for the ballot
language for Proposition 1,1/8th cent sales tax and Proposition 3,residential
street reconstruction tax.The draft ordinance incorporates the discussed
options for the City Council to review,including language regarding
engineering and utility costs for the residential street reconstruction.
Council members reviewed the options for the ballot language and the
following motions of direction were considered:
MOTION OF DIRECTION
Council Member Magill made a motion directing the City Manager to move
forward with the following ballot language:
Replacing the portion of the Type A sales tax that expires in 2018 with the
adoption of a one-eighth of one percent sales and use tax to be administered
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by a Type B Corporation under Chapter 505 of the Texas Local Government
Code,to be effective for 20 years,with the use of the proceeds for:
(1)50%for Economic Development,specifically the promotion and
development of new and expanded business enterprises to the full extent
allowed by Texas law;
(2)Up to$500,000 annually on affordable housing;and
(3)Balance of proceeds to be used for construction,maintenance and repair of
arterial and collector streets and roads.
The motion was seconded by Council Member Garza and passed unanimously
(Council Members Hunter,Rosas,and Rubio-absent).
MOTION OF DIRECTION
Council Member Garza made a motion directing the City Manager to move
forward with the following ballot language:
Amending the City Charter to establish a dedicated fund to be used solely for
residential street reconstruction and authorizing the City Council to levy,
assess and collect a property tax not to exceed six cents per one hundred
dollars of assessed value for the purpose of residential street reconstruction,
to be gradually implemented at a rate of not more than two cents per one
hundred dollars of assessed value per year.
The motion was seconded by Council Member McIntyre and passed
unanimously(Council Members Hunter,Rosas,and Rubio-absent).
34. Discussion regarding Nueces County's application to the
Secretary of State for participation in the Countywide Polling
Place Program
Mayor Martinez referred to Item 34,Countywide Polling Place Program.City
Secretary Rebecca Huerta stated that on July 13,2016,the Nueces County
Commissioners Court approved for Nueces County Clerk Kara Sands to apply
for participation in the Countywide Polling Place Program.The program allows
voters to vote at any polling location on Election Day.The Commissioners
Court concurred with including 91 polling locations in the application.The City
currently has 108 polling precincts and this change would bring down the
number of polling locations to 76.City Secretary Huerta stated that information
was provided to the City Council regarding the distribution of polling locations
within the council member districts and on the methology that was used to
determine the polling locations.City Secretary Huerta said a letter of support is
being requested by the City Council to include with the application to the state.
The application is due by August 25,2016.Interim Director of Facilities Edgar
Leonard and City Manager Margie C.Rose participated in the discussion.
Council members and staff discussed the following topics:discussion on the
potential sites;the six City sites that do not meet the Americans with
Disabilities Act(ADA)requirements;the temporary ADA fixes used during the
last election that could be used again;potential financial implications to repair
the polling sites;the deadline to submit the letter of support;the cost for the
temporary improvements in the last election;whether there are new sites that
have ADA issues;the projected costs to repair sites;consideration to draft a
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City Council Meeting Minutes July 26,2016
letter of support;to bring back all the financial implications and data for
council approval on August 9;whether ADA compliance for voting is different
than use of the facility as a senior center;and a plan to permanently address
ADA compliance at the senior centers.
There was a general consenus to authorize Mayor Martinez to signed a letter of
support for Nueces County regarding the Countywide Polling Place Program,
without obligating financial commitments until receiving further information.
S. ADJOURNMENT
The meeting was adjourned at 7:19 p.m.
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