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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 November 1, 2016 which were approved by the City
Council on November 15, 2016.
WITNESSETH MY HAND AND SEAL, on this the 15th day of November, 2016.
Rebecca Huerta
City Secretary
SEAL
INDEXED
1201 Leopard Street
Corpus Christi
Corpus Christi,TX 78401
cctexas.com
'� Meeting Minutes
City Council
Tuesday,November 1,2016 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 David Kelly,Trinity Worship.
Pastor David Kelly gave the invocation.
C. Pledge of Allegiance to the Flag of the United States to be led by Pat Persohn -
Administrative Manager, Police Department.
Police Department Administrative Manager Pat Persohn 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: 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 November 4, 2016, "Texas Arbor Day".
Proclamation declaring November 7, 2016, "CRPS/RSD Awareness
Day: Color the World Orange".
Mayor Martinez presented the proclamations.
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N. REGULAR AGENDA: (ITEM 13)
13. Resolution recognizing the Importance of Municipal Courts
(Requires 2/3 vote)
Resolution recognizing the importance of Municipal Courts, the Rule of
Law, and the Fair and Impartial Administration of Justice.
Mayor Martinez deviated from the agenda and referred to Item 13.Mayor
Martinez read the resolution recognizing the importance of Municipal Courts
and"Municipal Court Week"from November 7-11,2016.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: 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: 031001
G. CITY MANAGER'S COMMENTS/UPDATE ON CITY OPERATIONS:
Mayor Martinez deviated from the agenda and referred to City Manager's
Comments.City Manager Margie C.Rose reported on the following topics:
a. OTHER
1)The J.C.Elliott Collection Center recently experienced one of the busiest
weeks ever.A record 3,023 customers passed through the gates of the transfer
center from October 17,2016 through October 23,2016.A record 944 customers
visited the J.C.Elliott Landfill on Saturday,October 22,2016.Staff believes that
the mild temperatures contributed to the record-setting week.2)The Parks and
Recreation Department is requesting volunteers for the Dr.H.C.Dil!worth Park
Kaboom! Playground Community Build Day to be held Saturday,November 5,
2016 at 300 Elgin Street.The new upgrades will include a playground,shade
structures,picnic tables,benches and planters.Citizens are encouraged to
volunteer to help make this new playground a reality.For more information,
contact Parks and Recreation at 361-826-3464.
H. MINUTES:
2. Regular Meeting of October 25, 2016.
Mayor Martinez deviated from the agenda and referred to approval of the
minutes.Council Member Garza made a motion to approve the minutes,
seconded by Council Member Magill and passed unanimously.
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I. BOARD & COMMITTEE APPOINTMENTS: (NONE)
J. EXPLANATION OF COUNCIL ACTION:
CONSENT AGENDA: (ITEMS 3 -7)
Approval of the Consent Agenda
Mayor Martinez referred to the consent agenda.There were no comments from
the Council or the public.
A motion was made by Council Member McIntyre,seconded by Council
Member Rubio,to approve the Consent Agenda.The consent agenda items
were approved by one vote as follows:
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
3. Reimbursement Resolution for Utility System Revenue Bonds
(Requires 2/3 vote)
Resolution relating to establishing the City's intention to reimburse itself
in an amount not to exceed $115,000,000 for the prior lawful expenditure
of funds from the proceeds of one or more series of obligations to be
issued by the City for authorized purposes relating to constructing
improvements to the City's Combined Utility System; authorizing matters
incident and related thereto; and providing an effective date.
This Resolution was passed on the Consent Agenda.
Enactment No: 030997
4. Contract for Professional Services for Wesley Seale Dam
Instrumentation Testing and Replacement Project(Requires 2/3
vote)
Motion authorizing the City Manager, or designee, to execute a contract
for professional services with Freese and Nichols, Inc. of Corpus Christi,
Texas in the amount of$447,020 for the Wesley Seale Dam
Instrumentation Testing and Replacement project.
This Motion was passed on the Consent Agenda.
Enactment No:M2016-146
5. Engineering Construction Contract for Lift Station Repairs
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Citywide 2016 (Requires 2/3 vote)
Motion authorizing the City Manager, or designee, to execute a
construction contract with Associated Construction Partners, LTD of
Boerne, Texas in the amount of$1,359,000 for the Lift Station Repairs
Citywide 2016 for the Total Base Bid.
This Motion was passed on the Consent Agenda.
Enactment No: M2016-147
6. Second Reading Ordinance -Rezoning property located at 1013 E.
Lakeside Drive(1st Reading 10/25/16) (Requires 2/3 vote)
Case No. 0916-02 Dawn Melancon: A change of zoning from the"RS-6"
Single-Family 6 District to the"CG-1" General Commercial District. The
property to be rezoned is described as being a 0.344-acre tract of land
out of Lot 16, Section 56, Flour Bluff and Encinal Farm and Garden
Tracts, located on the northeast corner of South Padre Island Drive (Hwy
358) and East Lakeside Drive.
Planning Commission and Staff Recommendation (September 21,
2016):
Approval of the change of zoning from the"RS-6" Single-Family 6 District
to"CG-1" General Commercial District.
Ordinance:
Ordinance amending the Unified Development Code ("UDC"), upon
application of Dawn Melancon ("Owner"), by changing the UDC Zoning
Map in reference to 0.344-acre tract of land out of Lot 16, Section 56,
Flour Bluff and Encinal Farm and Garden Tracts, from the "RS-6"
Single-Family 6 District to the"CG-1" General Commercial District;
amending the Comprehensive Plan to account for any deviations; and
providing for a repealer clause and publication.
This Ordinance was passed on second reading on the Consent Agenda.
Enactment No:030998
7. Second Reading Ordinance-Rezoning property located at 7401
Holly Road (1st Reading 10/25/16) (Requires 2/3 vote)
Case No. 0916-03 Palm Land Investments, Inc.: A change of zoning from
the"RS-4.5" Single-Family 4.5 District to the"RS-TH"Townhouse
District. The property to be rezoned is described as an 8.63-acre tract of
land out of the north portion of Lot 3, Section 27, Flour Bluff and Encinal
Farm and Garden Tracts, located on the south side of Holly Road,
approximately 1,307 feet east of Rodd Field Road.
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Planning Commission and Staff Recommendation (September 21,
2016): Approval of the change of zoning from the"RS-4.5" Single-Family
4.5 to the"RS-TH"Townhouse District.
Ordinance:
Ordinance amending the Unified Development Code ("UDC"), upon
application by Palm Land Investments, Inc. ("Owner"), by changing the
UDC Zoning Map in reference to an 8.63 acre of Flour Bluff and Encinal
Farm and Garden Tracts Section 27, Lot 3, from the"RS-4.5"
Single-Family 4.5 District to"RS-TH"Townhouse District; amending the
Comprehensive Plan to account for any deviations; and providing for a
repealer clause and publication.
This Ordinance was passed on second reading on the Consent Agenda.
Enactment No:030999
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.City Attorney Miles K.Risley read the Rules of Decorum for the Council
Chambers.Rick Milby,4412 High Ridge;Danny Isom,13902 Riverway Drive;
Laura Ballew,10730 Atlanta;Alan Guggenheim,8157 Marseille Drive;Suzanne
Guggenheim,8157 Marseille Drive;and Butch Escobedo,4902 Saratoga,spoke
in support of the petition to remove Council Member Mark Scott from the City
Council.Shely Sells,5014 Wingfoot Lane,spoke regarding the charges
associated with Public Information Act requests.Claude Axel,741 Crestview,
and Abel Alonzo,1701 Thames,commended Police Chief Mike Markle and
police officers for the great job in protecting the citizens of Corpus Christi.
Linda Gibeaut,410 Southern,spoke regarding the improvements at Animal
Care Services under the management of the Corpus Christi Police Department
Shirley Thornton,1917 Woodcrest,provided an update on the process being
made by the Flour Bluff Citizens Council.Margareta Fratila,3606 Tripoli,spoke
regarding the repeal of the civil penalty for red light camera violations.
M. PUBLIC HEARINGS: (ITEMS 11 -12)
11. Public Hearing and First Reading Ordinance-Rezoning property
located at 3838 Acushnet Drive (Requires 3/4 vote)
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Case No. 1016-02 Jose and Hector Sanchez: A change of zoning from
the"CG-2" General Commercial District to the"IL" Light Industrial District.
The property to be rezoned is described as Block 7, Lot 13, Saratoga
Weber Plaza, located on the north side of Acushnet Drive between
Weber Road and Jefferson Street.
Planning Commission and Staff Recommendation (October 5, 2016):
Approval of the change of zoning from the"CG-2" General Commercial
District to the "IL" Light Industrial District.
Ordinance:
Ordinance amending the Unified Development Code ("UDC"), upon
application by Jose and Hector Sanchez ("Owners"), by changing the
UDC Zoning Map in reference to Saratoga Weber Plaza, Block 7, Lot 13
from the"CG-2" General Commercial District to the"IL" Light Industrial
District; amending the Plan CC to account for any deviations; and
providing for a repealer clause and publication.
Mayor Martinez deviated from the agenda and referred to Item 11.Interim
Director of Development Services Daniel McGinn stated that the purpose of this
item is to rezone the subject property to allow for the construction of an
automotive repair facility.Mr.McGinn stated that the Planning Commission
and staff are in favor of the zoning change.Mr.McGinn explained that
opposition of more than 20%was received and approval of the zoning change
would require a three-fourths vote of the council.
Mayor Martinez opened the public hearing.John Kendall,5566 S.Staples,
stated that the applicant is requesting the rezoning to construct an automobile
repair facility with expanded services to include heavy vehicle services.Mayor
Martinez closed the public hearing.
Council members spoke regarding the following topics:construction of a new
facility;opposition from property owners;and the buffer and screening
requirements.
Council Member Rubio made a motion to approve the ordinance,seconded by
Council Member Garza.This Ordinance was passed on first reading and
approved with the following vote:
Aye: 9- Mayor Martinez,Council Member Garza,Council Member Hunter,Council
Member Magill, Council Member McIntyre,Council Member Rubio,Council
Member Rosas,Council Member Scott and Council Member Vaughn
Abstained: 0
12. Public Hearing and First Reading Ordinance-Rezoning property
located at 701 East Port Avenue (Requires 2/3 vote)
Case No. 1016-03 Durrill Farms, LLC: A change of zoning from the"IH"
Heavy Industrial District to the"Cl" Intensive Commercial District. The
property to be rezoned is described as a 2.6-acre tract of land out of Port
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Addition, Block 2, Lot 1, located between Port Avenue and Brewster
Street and between Tancahua Street and Broadway Street.
Planning Commission and Staff Recommendation (October 5, 2016):
Approval of the change of zoning from the"IH" Heavy Industrial District to
the"Cl" Intensive Commercial District.
Ordinance:
Ordinance amending the Unified Development Code ("UDC"), upon
application by Durrill Farms, LLC ("Owner"), by changing the UDC Zoning
Map in reference to a 2.6-acre tract of land out of Port Addition, Block 2,
Lot 1, from the"IH" Heavy Industrial District to the"Cl" Intensive
Commercial District; amending the Plan CC to account for any
deviations; and providing for a repealer clause and publication.
Mayor Martinez referred to Item 12.Interim Director of Development Services
Daniel McGinn stated that the purpose of this item is to rezone the subject
property to allow for the development of a seven-story hotel with office and
meeting space along with a restaurant facility.Mr.McGinn stated that the
Planning Commission and staff are in favor of the zoning change.
Mayor Martinez opened the public hearing.Abel Alonzo,1701 Thames,
thanked the applicant for the project that will increase sales tax and is good
for the community.Mayor Martinez closed the public hearing.
Council Member Rubio made a motion to approve the ordinance,seconded by
Council Member Rosas.This Ordinance was passed on first reading and
approved with the following vote:
Aye: 9- Mayor Martinez,Council Member Garza, Council Member Hunter,Council
Member Magill,Council Member McIntyre,Council Member Rubio, Council
Member Rosas,Council Member Scott and Council Member Vaughn
Abstained: 0
N. REGULAR AGENDA: (ITEMS 13 -14)
14. Certification of 2016 Tax Levy (Requires 2/3 vote)
Motion approving the 2016 Property Tax Levy of$114,816,809.63 based
on the adopted property tax rate of$0.606264 per$100 valuation, in
accordance with Section 26.09 (e) of the Texas Property Tax Code.
Mayor Martinez deviated from the agenda and referred to Item 14.Director of
Financial Services Constance Sanchez stated that the purpose of this item is to
approve the 2016 certified tax levy.There were no comments from the public.
Council members discussed whether there was a policy that addresses where
excess revenue collected over the conservative collection rate would be
budgeted.
Council Member McIntyre made a motion to approve the motion,seconded by
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Council Member Garza.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 Rosas and
Council Member Scott
Nay: 1 - Council Member Hunter
Absent: 1 - Council Member Vaughn
Abstained: 0
Enactment No:M2016-148
O. FIRST READING ORDINANCES: (ITEMS 15-16)
15. First Reading Ordinance-Accepting and appropriating grant
funds for the Violence Against Women Act(VAWA) Program within
the Police Department(Requires 2/3 vote)
Ordinance authorizing the City Manager or designee to execute all
documents necessary to accept a grant from the State of Texas, Criminal
Justice Division in the amount of$46,226.82 for the Violence Against
Women (VAWA) Program within the Police Department with a cash
match of$20,000.52 and an in-kind match of$6,900.00 for a total project
cost of$73,127.34; appropriating the$46,226.82 in the No. 1061 Police
Grants Fund for the VAWA grant in the Police Department; and
authorizing the transfer of$20,000.52 from the No. 1020 General Fund to
the No. 1061 Police Grants Fund and appropriating the same for a total
project cost of$73,127.34.
Mayor Martinez referred to Item 15.Police Chief Mike Markle stated that the
purpose of this item is to accept a grant form the State of Texas for the
Violence Against Women(VAWA)Program with a cash match of$20,000.52 and
an in-kind match of$6,900 for a total project cost of$73,127.34.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: 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
16. First Reading Ordinance-Approving the 2017 Annual Audit Plan
(Requires 2/3 vote)
Ordinance to Approve the 2017 Annual Audit Plan.
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Mayor Martinez referred to Item 16.City Auditor Arlena Sones stated that the
purpose of this item is to request approval of the 2017 Annual Audit Plant.The
plan was developed based on areas considered to be the highest risk to the
City.The proposed audit plan was approved by the Audit Committee on
October 11,2016.There were no comments from the Council or the public.
Council Member Rubio made a motion to approve the ordinance,seconded by
Council Member Scott.This Ordinance was passed on first reading and
approved with the following vote:
Aye: 9- Mayor Martinez,Council Member Garza, Council Member Hunter,Council
Member Magill,Council Member McIntyre, Council Member Rubio, Council
Member Rosas,Council Member Scott and Council Member Vaughn
Abstained: 0
L. EXECUTIVE SESSION: (ITEMS 8-10)
Mayor Martinez deviated from the agenda and referred to the days executive
sessions.The Council went into executive session at 12:48 p.m.The Council
returned from executive session at 4:58 p.m.Council Member Scott recused
himself from the discussion on Items 8,9 and 10.
8. 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 potential
economic development agreement(s)with entities that are considering
the construction, expansion, and/or ownership of industrial facilities that
will be consumers of water and wastewater services and pursuant to
Texas Government Code§551.087 to discuss confidential
commercial or financial information pertaining to the aforesaid business
prospect(s)that the City seeks to have locate, stay or expand in or near
the territory of the City and with which the City may conduct economic
development negotiations and/or deliberate possible economic
development issues concerning said business prospect(s).
This E-Session Item was discussed in executive session.
9. 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 Article II of the
Charter of the City of Corpus Christi, including, but not limited to, City
Council terms, City Council term limits, membership on City Council,
elections, eligibility for election for Council Member, City Council rules,
meeting attendance, potential removal of City Council Member Mark
Scott and documentation and procedures related thereto, vacancies and
procedures and documentation related thereto, potential employment of
independent counsel regarding the aforementioned matters and future
potential litigation related thereto, effects of past elections and ballots,
prior and other opinions of attorneys regarding the aforementioned
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matters, and potential causes of action and/or future litigation related to
the aforementioned matters, City Council duties and matters related to
compensation, future City Charter elections and matters related to terms
and term limits, administrative actions, City Council actions, and other
matters related to any of the aforementioned issues and possible
direction to employ attorneys and prepare documents regarding potential
removal proceedings pursuant to Article II, Section 11 of the Charter of
the City of Corpus Christi.
Mayor Martinez referred to Item 9 and read the following resolution for
consideration:
City Council Resolution of Reprimand for Council Member Mark Scott.
Mayor Martinez made a motion to approve the resolution,seconded by Council
Member Magill.This Resolution was passed and approved with the following
vote:
Aye: 8- Mayor Martinez, Council Member Garza,Council Member Hunter,Council
Member Magill,Council Member McIntyre,Council Member Rubio,Council
Member Rosas and Council Member Vaughn
Abstained: 1 - Council Member Scott
Enactment No: 031000
10. Executive Session pursuant to Texas Government Code§551.074
to discuss the discipline or dismissal of a public officer or employee or
hear a complaint or charge against an officer, including but not limited to,
matters related to the potential removal of City Council Member Mark
Scott pursuant to Article II, Section 11 of the Charter of the City of Corpus
Christi.
This E-Session Item was discussed in executive session.
P. FUTURE AGENDA ITEMS: (ITEMS 17 -18)
Mayor Martinez deviated from the agenda and referred to Future Agenda
Items.City Manager Margie C.Rose stated that staff did not have any planned
presentations.A council member requested information on Item 18.
17. Approving a supply agreement for the purchase of fire hydrants
for new and replacement installations (Requires 2/3 vote)
Motion approving a supply agreement with HD Supply Waterworks, Ltd.,
a Florida limited partnership, with a branch in Corpus Christi, Texas as
HD Supply Waterworks, for fire hydrants in accordance with Request for
Bid No.126 based on the lowest, responsive responsible bid for an
estimated annual expenditure of$178,690.00, of which $148,908.34 will
be funded in FY2016-2017. The term of the agreement is for one year
with an option to extend for up to two additional one year periods, subject
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to the approval of the supplier and the City Manager or designee.
This Motion was recommended to the consent agenda.
18. Developer's Agreement for Downtown Streets-Chaparral project
(Bond 2008, Proposition 1) (Requires 2/3 vote)
Motion authorizing the City Manager, or designee, to execute a
developer's agreement with Cosmopolitan Corpus, LLC. of Corpus
Christi, Texas in the amount of$142,235.89 for work associated with the
Downtown Streets-Chaparral project. (BOND 2008 Proposition 1).
This Motion was recommended to the consent agenda.
Q. BRIEFINGS: (NONE)
R. ADJOURNMENT
The meeting was adjourned at 5:06 p.m.
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