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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 15, 2016 which were approved by the City
Council on December 13, 2016.
WITNESSETH MY HAND AND SEAL, on this the 13th day of December, 2016.
Febecca Huerta
City Secretary
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Meeting Minutes
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City Council
Tuesday,November 15,2016 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 Steve Sorenson, Bridgeway Church.
Pastor Steve Sorenson gave the invocation.
C. Pledge of Allegiance to the Flag of the United States to be led by Captain
Anthony Sanders -Uniform/Neighborhood Services/K9.
Police Captain Anthony Sanders 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 15, 2016, "Coastal Bend Day of
Giving".
Proclamation declaring November 16, 2016, "18th Annual World-Wide
GIS Day of the Coastal Bend 2016- Discovering the World Through
GIS".
Proclamation declaring November 17, 2016, "Great American
Smokeout".
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Proclamation declaring November 19, 2016, "Corpus Christi Black
Chamber of Commerce Day and Celebration with a 73rd Anniversary
Gala".
Proclamation declaring November 12-20, 2016, "National Hunger and
Homelessness Awareness Week".
Proclamation declaring November 2016, "Prematurity Awareness
Month"and November 17, 2016, "Prematurity Awareness Day".
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 Margie C.Rose reported on the following topics:
a. OTHER
1)Over the past few weeks,the Development Services and Information
Technology Departments have implemented the next phase of the Infor
software conversion.The new module,Inspection Schedule,is operational and
located on the Development Services Department web page.The online
program will allow all requests for home and business inspections to be
completed electronically.Staff is working on an information video and how-to
guide to help residents and business owners navigate the new system.
Questions on the process may be directed to 361-826-3240.2)The City Hall
parking lot entrance on Leopard Street will be closed for reconstruction of the
driveway and sidewalk beginning Thursday,November 17,2016 through
Saturday,November 19,2016.Employees and visitors can access the other
entrances located on Staples Street and Lipan Street.This temporary closure
is part of the ongoing Americans with Disabilities Act(ADA)improvements
along Leopard Street.
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.Sherry Sells,5014 Wingfoot,spoke regarding the City ensuring that
buildings have permits that are compliant with the Americans with Disabilities
Act regulations.Gloria Scott,4422 S.Alameda,presented outgoing Council
Members Magill and Rosas and Mayor Martinez with a commendation and
drawings on behalf of the Corpus Christi Juneteenth Coalition for their support
of the Juneteenth celebrations.Laura Ballew,10730 Atlantic,thanked Mayor
Martinez and Council Members Magill and Rosas for their service to the City.
Libby Edwards,15309 E.Chesapeake,reported on the Island Strategic Action
Committee's(ISAC)safety concerns regarding the light at Aquarius Street and
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approval of a motion for an advanced warning system.Flo East,1605
Yorktown,thanked Council Member McIntyre and Mayor Martinez for their
service to District 4 and Flour Bluff.Maybeth Christensen,15521 Cuttysark,
expressed appreciation to Council Member McIntyre for her work for the Island
and thanked Mayor Martinez and Council Members Scott and Magill for their
service.Sylvia Tryon Oliver,2814 Rogen Street,presented Mayor Martinez with
a Certificate of Commendation on behalf of the Corpus Christi Black Chamber
and expressed well wishes to the outgoing Council Members.Jack Gordy,
4118 Bray,spoke regarding the palm trees on Airline Road.Carter Tate,13710
Primavera,thanked the City Council for their service and spoke regarding the
safety concerns with the light on Aquarius Street.Arnold Valdez,spoke
regarding the improvements needed for the westside and central areas of
Corpus Christi.Carolyn Burger,3821 Dunstain,spoke regarding water
problems at her residence and the need for assistance from the Texas
Commission on Environmental Quality. Abel Alonzo,1701 Thames,spoke
regarding the diversity of the City and the need for the community to work
together to better the community.Richard Wills,1621 Daly,spoke regarding
the City's refusal to issue a general repair permit until he receives a windstorm
report.
H. MINUTES:
2. Regular Meeting of November 1, 2016.
Mayor Martinez deviated from the agenda and referred to approval of the
minutes.
A motion was made by Council Member Magill,seconded by Council Member
Garza,that the Minutes be passed.The motion carried by a unanimous vote.
OUTGOING COUNCIL MEMBER SPEECHES AND PRESENTATION OF GIFTS
Mayor Martinez referred to outgoing Council Member speeches and
presentation of gifts.The outgoing council members thanked their families,
friends,supporters,constituents,and City staff for their assistance and
support during their time of service.
City Secretary Rebecca Huerta presented outgoing Council Members Rosas,
McIntyre,and Scott and Mayor Martinez with a gift on behalf of the City of
Corpus Christi.
Mayor Martinez called for a brief recess at 1:15 p.m.Mayor Martinez
reconvened the meeting at 1:28 p.m.
J. BOARD&COMMITTEE APPOINTMENTS: (NONE)
K. EXPLANATION OF COUNCIL ACTION:
L. CONSENT AGENDA: (ITEMS 3-8)
Approval of the Consent Agenda
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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 Garza,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. 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 to the approval of the supplier and
the City Manager or designee.
This Motion was passed on the Consent Agenda.
Enactment No: M2016-149
4. 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 passed on the Consent Agenda.
Enactment No: M2016-150
5. Second Reading Ordinance-Rezoning property located at 3838
Acushnet Drive(1st Reading 11/1/16) (Requires 3/4 vote)
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.
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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.
This Ordinance was passed on second reading on the Consent Agenda.
Enactment No: 031002
6. Second Reading Ordinance- Rezoning property located at 701
East Port Avenue(1st Reading 11/1/16)(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 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.
This Ordinance was passed on second reading on the Consent Agenda.
Enactment No:031003
7. Second Reading Ordinance-Accepting and appropriating grant
funds for the Violence Against Women Act(VAWA) Program
within the Police Department(1st Reading 11/1/16) (Requires 213
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
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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.
This Ordinance was passed on second reading on the Consent Agenda.
Enactment No: 031004
8. Second Reading Ordinance-Approving the 2017 Annual Audit
Plan (1st Reading 11/1/16) (Requires 2/3 vote)
Ordinance to Approve the 2017 Annual Audit Plan.
This Ordinance was passed on second reading on the Consent Agenda.
Enactment No:031005
N. PUBLIC HEARINGS: (ITEMS 11 -12)
11. Public Hearing and First Reading Ordinance-Rezoning property
located at 5151 McArdle Road (Requires 2/3 vote)
Case No. 1016-05 The City of Corpus Christi: A change of zoning from
the"RS-6" Single-Family 6 District to the"CG-2" General Commercial
District. The property is described as being a 6.36 acre tract, out of a
7.245 acre public park, Mt. Vernon Subdivision Unit 3, located on the
southeast corner of McArdle Road and Holmes Drive.
Planning Commission and Staff Recommendation (November 2,
2016):
Tract 1: Approval of the change of zoning from the"RS-6"
Single-Family 6 District to the"CG-2" General Commercial District
except for that portion of the tract abutting Holmes Drive and extending
to a depth of 50 feet measured from the Holmes Drive right-of-way
line. (See Tract Exhibit)
Tract 2: Denial of the change of zoning from the"RS-6" Single-Family
6 District to the "CG-2" General Commercial District and in lieu thereof
approval of the"CN-1" Neighborhood Commercial District for that
portion of the property abutting Homes Drive to a depth of 50 feet
measured from the Homes Drive right-of-way line. (See Tract Exhibit).
Ordinance:
Ordinance amending the Unified Development Code ("UDC"), upon
application by Corpus Christi Retail Venture, LP and Corpus Christi
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Area Council for the Deaf, Inc., on behalf of The City of Corpus Christi
("Owner"), by changing the UDC Zoning Map in reference to a 6.36
acre tract, out of a 7.245 acre public park, Mt. Vernon Subdivision Unit
3, from the"RS-6" Single-Family 6 District to the"CG-2" General
Commercial District on Tract 1, and to the"CN-1" Neighborhood
Commercial District on Tract 2; 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 11.City
Secretary Rebecca Huerta announced that Council Member Scott would be
abstaining from this item.Interim Director of Development Services Daniel
McGinn stated that the purpose of this item is to rezone the subject property,
formerly Mt.Vernon Park,for Corpus Christi Council for the Deaf Center and
commercial uses.Mr.McGinn stated that the Planning Commission and staff
recommend approval of the change of zoning from the"RS-6"to"CG-2"for
Tract 1 and denial of the change of zoning for Tract 2 from"RS-6"to"CG-2"
and in lieu thereof,approval of the"CN-1"for that portion of the property
abutting Holmes Drive to a depth of 50 feet from the right-of-way line.The deed
restrictions on the property include:a landscaping buffer;building height
requirement;driveway restriction access on Holmes Drive;and the restrictions
of uses such as bars,taverns,pubs,or nightclubs for the future development
of the tract.
Mayor Martinez opened the public hearing.The following individuals spoke in
support of the zoning change:Andrew Wilson,La Palmera Mall;Beth
Schlueter,Executive Director of the Corpus Christi Council for the Deaf and
Hard of Hearing Center;and Abel Alonzo,1701 Thames.The following
individuals spoke in opposition to the zoning change:Leon Matemaek,4910
Andover and John Kelley,3621 Austin.Mayor Martinez closed the public
hearing.
Council members discussed the following topics:removal of the electrical box
on the subject property;whether the playground equipment could be used at
Crestmont Park;the restriction that driveways cannot be placed on Holmes
Drive;and consideration to increase the zoning notification signs.
Mr.McGinn stated that the ordinance presented would need to be amended to
include the metes and bounds.
Council Member McIntyre made a motion to amend the ordinance to include
the metes and bounds,seconded by Council Member Rubio and passed
unanimously.
Council Member McIntyre made a motion to approve the ordinance as
amended,seconded by Council Member Rubio.This Ordinance was passed on
first reading as amended and approved with the following vote:
Aye: 8- Mayor Martinez,Council Member Garza, Council Member Hunter,Council
Member Magill,Council Member McIntyre,Council Member Rubio,
Council Member Rosas and Council Member Vaughn
Abstained: 1 - Council Member Scott
12. Public Hearing and First Reading Ordinance-Rezoning property
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located at 10329 Kingsbury Drive(Requires 3/.vote)
Case No. 0916-01 Coastal Bend Grace House, Inc.: A change of
zoning from the "CN-1" Neighborhood Commercial District to the
"CG-1/SP" General Commercial District with a Special Permit. The
property is described as Block 3, Lot 4, Hill Country Estates, located
on the southeast corner of Kingsbury Drive and McKinzie Road.
Planning Commission and Staff Recommendation (September 7,
2016):
Denial of the change of zoning from the"CN-1" Neighborhood
Commercial District to the"CG-1/SP" General Commercial District with
a Special Permit and, in lieu thereof, approval of the"CN-1/SP"
Neighborhood Commercial District with a Special Permit subject to
seven conditions.
Ordinance:
Ordinance amending the Unified Development Code ("UDC"), upon
application by Coastal Bend Grace House, Inc. ("Owner"), by changing
the UDC Zoning Map in reference to a 0.86-acre tract of land
described as Block 3, Lot 4, Hill Country Estates, from the"CN-1"
Neighborhood Commercial District to the"CN-1/SP" Neighborhood
Commercial District with a Special Permit for a social service use;
amending the Comprehensive Plan to account for any deviations; and
providing for a repealer clause and publication.
Mayor Martinez referred to Item 12.Mayor Martinez stated that this item would
require a three-fourths vote of the City Council in order to pass.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
approximately 4,100-square feet single-family home that would be utilized for a
social service use.The residence would contain up to 10 women and an
on-site director.The women would receive life-skills training that lasts for 9
months.Mr.McGinn stated that the Planning Commission and staff
recommend denial of the"CG-1/SP"General Commercial District with a Special
Permit and,in lieu thereof,approval of the"CN-1/SP"Neighborhood
Commercial District with a Special Permit subject to seven conditions.
Mayor Martinez opened the public hearing.The following individuals spoke in
support of the zoning change:Keith Lawrence,10801 Timbergrove and
Founder/CEO of Coastal Bend Grace House;Dorothy Dundas,7617 Rancho
Vista;Abel Alonzo,1701 Thames;Joel Perritte,6922 Roseland Drive;Rick
Milby,4421 High Ridge;Bill Word;and Anson Nash,56 Virginia Hills and
Executive Director of the Corpus Christi Baptist Association.The following
individuals spoke in opposition to the zoning change: Juan Guerra,10318
Kingsbury Drive;Kimberly Guerra,10318 Kingsbury Drive;Sandra Lan,10417
Pioneer;Dr.Sue Nelson,Superintendent of Tuloso-Midway Independent
School District;and Janet Forbes,2522 McKinzie.Mayor Martinez closed the
public hearing.
Council members spoke regarding the following topics:the community's
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concerns regarding the use of transitional housing in the neighborhood and
the close proximity to a school;a social service use not included in any of the
districts in the Unified Development Code(UDC)where they are automatically
permitted;a recommendation that zoning for transitional housing facilities to
be included in the UDC;concern that the property will be converted to an
alternative transitional housing should Coastal Bend Grace House no longer
occupy the residence;allowable uses in"CN-1";the success rate not being
high in transitional housing;the size of the entire site;whether there has been
anything communicated to the City stating that this specific site is the best site
for the Grace House to be located or whether there is a particular reason this
site is important to the applicant;a public appeal to the community to find a
similarly sized location for this program;and a request for staff to review the
properties listed in the Sheriffs Sale for an appropriate site.
MOTION OF DIRECTION
Council Member Vaughn made a motion directing the City Manager to bring
back a recommendation for an amendment to the UDC to increase the zoning
areas available for social service programs and further differentiate types of
social programs,if necessary,seconded by Council Member Hunter and
passed unanimously.
Council Member Garza made a motion to deny approval of the Ordinance on
first reading,seconded by Council Member Vaughn.This Motion to deny
approval passed 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
M. EXECUTIVE SESSION: (ITEMS 9 -10)
Mayor Martinez deviated from the agenda and referred to the day's executive
sessions.The Council went into executive session at 3:04 p.m.The Council
returned from executive session at 4:36 p.m.
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 potential
settlement in Janet Cormier, et al v. City of Corpus Christi.
Mayor Martinez referred to Item 9 and the following motion was considered:
Motion to authorize the City Manager to execute all documents necessary to
settle the claim of Janet Cormier in the lawsuit of Janet Cormier,et al.vs.City
of Corpus Christi in an amount not to exceed$100,000.
Council Member McIntyre made a motion to approve the motion,seconded by
Council Member Rubio.This Motion was passed and approved with the
following vote:
Aye: 8- Mayor Martinez,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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Absent: 1 - Council Member Garza
Abstained: 0
Enactment No:M2016-151
10. 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 emergency
service districts, the provision of fire and ambulance services,
dispatching, 911 services, Chapter 143 of the Texas Local
Government Code, and collective bargaining.
This E-Session Item was discussed in executive session.
O. REGULAR AGENDA: (ITEMS 13 -14)
13. One Reading Action Item -Opposing proposed Texas
Commission on Environmental Quality (TCEQ) rule amendments
that give TCEQ broader discretion to order boil water notices
Resolution authorizing submission of comments in proposed
rulemaking at Texas Commission on Environmental Quality ("TCEQ")
regarding revised total coliform rule plus, TCEQ Rule Project No.
2015-035-290-OW, to oppose proposed rules that allow discretionary
issuance of boil water notices and request clarification with regard to
other proposed amendments.
Mayor Martinez deviated from the agenda and referred to Item 13.Director of
Intergovernmental Relations Tom Tagliabue stated that the purpose of this
item is to oppose rules proposed by the Texas Commission on Environmental
Quality(TCEQ)that allow discretionary issuance of boil water notices and
request clarification with regard to other proposed amendments before the
comment submission periods ends on November 22,2016.Mr.Tagliabue
provided the following information:the TCEQ summary and the City's
concerns.Interim Director of Water Utilities Dan Grimsbo and Water Quality
Manager Gabriel Ramirez were available to respond to questions.There were
no comments from the public.
Council members spoke regarding the following topics:the proposed
amendment to provide discretionary issuance of boil water notices;increased
discretion would cause harm to the community;to provide a report on the
areas of focus from other cities;whether water samples are taken by licensed
employees;and the cause for backflush off of Callicoate Road.
Council Member McIntyre made a motion to approve the resolution,seconded
by Council Member Scott.This Resolution was passed and approved with the
following vote:
Aye: 8- Mayor Martinez,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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Absent: 1 - Council Member Garza
Abstained: 0
Enactment No:031006
14. Discussion and consideration of"Petition for Removal according
to City Charter Sec. 11(6)(b)"of Council Member At-Large Mark
Scott.
Mayor Martinez referred to Item 14.City Secretary Rebecca Huerta stated that
Council Member Scott would be abstaining from this item.City Secretary
Huerta stated that the purpose of this item is to discuss and consider a citizen
initiative petition for the removal of Council Member At-Large Mark Scott.
Article II,Section 11 of the City Charter establishes requirements the City
Council may use in removing a council member from office.The section cites
that the Council may initiate a removal action on its own or five or more
registered voters can initiate the process by petition.A citizen-initiated petition
was filed with the City Secretary's Office on October 31,2016 and the petition
requested the removal of Council Member Scott.City Attorney Miles K.Risley
stated that the City Charter provides that the City Council may reprimand,
suspend,refer or remove a member who is subject to a removal proceeding.
The Charter specifies that the challenged member,prior to taking any action,
shall have the right to:written articles of impeachment,an opportunity to be
heard,to summon witnesses,to be represented by counsel,and to receive
reasonable advance notice of a hearing.In addition,the City Council must
comply with all requirements of the Open Meetings Act.
Mayor Martinez called for comments from the public.Rick Milby,4412 High
Ridge Drive and John Kelley,3621 Austin,spoke in support of the removal of
Council Member Scott.
Council members and staff discussed the following topics:clarification on the
difference between removal and impeachment;the process for impeachment;
the number of times the City Council has gone through the removal process;
the history on previous removal processes for council members;the
importance of addressing the intent of the term limits in the City Charter;the
first available opportunity to change the Charter language;whether language
to change the City Charter can be proposed at the next uniform election date in
2017,to be effective in November 2018;the meetings where Council Member
Scott was absent;whether Council Member Scott was paid during his
"resignation"period;the full cost for an election;correspondence provided by
staff to City Council during Council Member Scott's"resignation"period which
excluded Council Member Scott;the reason Council Member Scott was not
included in correspondence if he was still a council member;when City
Council received a legal opinion regarding Council Member Scott and the
holdover provision;when City Council received the second legal opinion
regarding Council Member Scott;when Council Member Scott received the
legal opinion;the executive session items related to Council Member Scott;
the distinction between term and tenure;and whether City Council voted as a
body to ask for the second legal opinion.
MOTION OF DIRECTION
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Council Member McIntyre made a motion directing the City Attorney to waive
executive session confidentiality on the executive session in question,
seconded by Council Member Vaughn and passed unanimously;Council
Member Garza-absent;Council Member Scott-abstained.
Council members discussed the following topics:clarification from City
Attorney Risley on how the City Council came about the information regarding
outside legal counsel's legal opinion regarding the 18-month term;the footnote
provided on the original opinion;the formal opinion being released to the
public;the appearance of collusion;whether it is possible for the City Council
to speak as a body in executive session;whether any City Council member
asked to not seek the second legal opinion while in executive session;Council
Members Priscilla Leal and John Marez termed out during the 18-month term;
and whether the footnote regarding term limits affects current terms.
Council Member Vaughn made a motion to impeach Council Member Scott,
seconded by Council Member Rubio.City Attorney Risley reiterated the City
Charter requirements that the City Council provide the challenged member
with rights as outlined in the Charter.In response to a council member,City
Attorney Risley stated that a council member that is no longer in office cannot
be impeached.Council Member Vaughn withdrew her motion and Council
Member Rubio withdrew her second.
No action was taken on this Item.
P. FIRST READING ORDINANCES: (ITEMS 15-18)
15. First Reading Ordinance- Final Reimbursement of Election
Services Overbilling (Requires 2/3 vote)
Ordinance accepting payment from Nueces County in the amount of
$73,616.52 as the final reimbursement for election services overbilling
and appropriating in the No. 1020 General Fund; changing the
FY2016-2017 operating budget adopted by Ordinance 030965 to
increase revenues by $73,616.52.
Mayor Martinez referred to Item 15.City Secretary Rebecca Huerta stated that
the purpose of this item is to accept and appropriate the second of two
$73,616.52 reimbursements from Nueces County for overbilling of election
services.In November 2015,Nueces County Clerk Kara Sands advised the City
that Nueces County had completed an audit of election costs between October
2012 through December 2014.The audit revealed that the City had been
overbilled$147,233.04 which the Nueces County Commissioners Court
approved to be reimbursed.There were no comments from the Council or the
public.
Council Member Rubio made a motion to approve the ordinance,seconded by
Council Member Hunter.This Ordinance was passed on first reading and
approved with the following vote:
Aye: 7- Mayor Martinez,Council Member Hunter, Council Member Magill,Council
Member McIntyre, Council Member Rubio,Council Member Rosas and
Council Member Vaughn
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Absent: 2- Council Member Garza and Council Member Scott
Abstained: 0
16. First Reading Ordinance-Accepting and appropriating a grant
amendment for the Health Promotions and Chronic Disease
Prevention/Texas Healthy Communities grant and ratifying
acceptance to begin October 1, 2016(Requires 2/3 vote)
Ordinance authorizing the City Manager or designee to execute all
documents necessary to accept an amendment to a grant contract for
the Health Promotions and Chronic Disease Prevention/Texas Healthy
Communities (HPCDP/TXHC) grant in the amount of$50,000.00,
increasing the total amount to$100,000.00, from the Texas
Department of State Health Services in the No. 1066 Health Grants
Fund to provide funds to implement systems and strategies that
address one or more Texas Healthy Communities priority indicators for
the amended contract period October 1, 2015, through September 30,
2017; appropriating the increased grant amount; and ratifying
acceptance of the amended grant agreement to begin October 1,
2016.
Mayor Martinez referred to Item 16.Assistant Director of Public Health Bill
Uhlarik stated that the purpose of this item is to accept an amendment to the
Health Promotions and Chronic Disease Prevention/Texas Healthy
Communities grant to extend the grant an additional 12 months to expire
September 30,2017 and increase funding by$50,000.There were no comments
from the Council or the public.
Council Member Rubio made a motion to approve the ordinance,seconded by
Council Member Vaughn.This Ordinance was passed on first reading and
approved with the following vote:
Aye: 7- Mayor Martinez,Council Member Hunter,Council Member Magill,Council
Member McIntyre, Council Member Rubio,Council Member Rosas and
Council Member Vaughn
Absent: 2- Council Member Garza and Council Member Scott
Abstained: 0
17. First Reading Ordinance-Approriating funds and approving
Engineering Design Contracts for Residential Reconstruction
Test Projects -Ralston Avenue and Rogerson Drive(Requires 2/3
vote)
Ordinance appropriating $2,500,000 from the Unreserved Fund
Balance in No. 1042 Residential and Local Street Fund for the
Residential Reconstruction Test Projects- Ralston Avenue and
Rogerson Drive; amending the FY 2017 Operating Budget adopted by
Ordinance No. 030965; authorizing the City Manager, or designee, to
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execute a contract for engineering design services with Urban
Engineering of Corpus Christi, Texas in the amount of$88,420 for
design of Ralston Avenue and Freese& Nichols, Inc. of Corpus
Christi, Texas in the amount of$97,764 for the design of Rogerson
Drive.
Mayor Martinez referred to Item 17.Executive Director of Public Works Valerie
Gray stated that the purpose of this item is to appropriate$2.5 million from the
Residential and Local Street Fund for the Residential Reconstruction Test
Projects-Ralston Avenue and Rogerson Drive and to execute two design
service contracts,one with Urban Engineering for the design of Ralston
Avenue from Staples Street to Alameda,and one with Freese and Nichols for
the design of Rogerson Drive from McArdle to Sunnybrook.Staff will use these
two projects to provide better pricing information and data to further develop
the program.Projects are planned to go out for bid in the May/June 2017
timeframe with construction projected for July 2017.There were no comments
from the public.
Council members spoke regarding the following topics:storm water drainage
improvements for both projects;concerns with Swantner being a collector
without drainage;the process for memorializing data and communicating to
the public;whether bids will include additive alternatives;and appreciation to
staff for the selection of the two projects.
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: 8- Mayor Martinez,Council Member Hunter,Council Member Magill,Council
Member McIntyre,Council Member Rubio,Council Member Rosas,
Council Member Scott and Council Member Vaughn
Absent: 1 - Council Member Garza
Abstained: 0
18. First Reading Ordinance- Continuing Texas Municipal
Retirement System (TMRS) Updated Service Credits for Current
Participants and Increases for Prior and Current Annuities
(Requires 2/3 vote)
Ordinance authorizing and allowing, under the Act governing the
Texas Municipal Retirement System, "Updated Service Credits" in said
system for service performed by qualifying members of such system
who presently are members of the City of Corpus Christi; providing for
increased prior and current service annuities for retirees and
beneficiaries of deceased retirees of the City; establishing an effective
date for such actions; and providing for severance.
Mayor Martinez referred to Item 18.Interim Director of Human Resources
Steven Viera stated that the purpose of this item is to continue the Texas
Municipal Retirement System(TMRS)updated service credits for current
participants and increases for current and prior annuities.These provisions
adhere to the terms of the collective bargaining agreement with the Corpus
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Christi Police Officers'Association.Mr.Viera provided a brief update regarding
the City's TMRS implementation plan and stated that in October 2016,the City
increased its contribution to 19.46%to address the liability and will continue
increase this amount by 2%every year to get back to annual repeating status
by 2019.There were no comments from the public.
Council members spoke regarding the accomplishments of the Council to
address the liability and return to annual repeating contributions.
Council Member Scott 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: 8- Mayor Martinez, Council Member Hunter,Council Member Magill,Council
Member McIntyre,Council Member Rubio,Council Member Rosas,
Council Member Scott and Council Member Vaughn
Absent: 1 - Council Member Garza
Abstained: 0
Q. FUTURE AGENDA ITEMS: (ITEMS 19-27)
Mayor Martinez referred to Future Agenda Items.City Manager Margie C.Rose
stated that staff had a planned presentation on Item 26.
19. Lease Agreement for 150 parking spaces for Police Department
and Municipal Court Facilities
Motion authorizing the City Manager or designee to renew a five-year
Parking Space Lease Agreement with 101 Shoreline Limited for 150
parking spaces located at 221 South Water Street, necessary to
support the Police Department and Municipal Court facilities, and
approving monthly lease payments of$6,620 per month inclusive of
the City's share of utilities, property taxes, mowing, and parking lot
maintenance.
This Motion was recommended to the consent agenda.
20. Resolution ratifying the submission of a grant application for the
Assistance to Firefighters Grant Program
Resolution ratifying the submission of a grant application in the amount
of$391,200 to the US Department of Homeland Security, Federal
Emergency Management Agency for the Assistance to Firefighters
Grant Program.
This Resolution was recommended to the consent agenda.
21. Service Agreement for Elevator Maintenance and Repairs for 17
elevators
Motion authorizing the City Manager, or designee, to approve a
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Service Agreement with Schindler Elevator Corporation, of Morristown,
New Jersey, to perform maintenance and repairs to 17 elevators for an
amount of$95,324.84. In addition to Contractor's repair cost, this
motion also included a 10% contingency of$9,532.48 to address
unforeseen conditions. The award is based on the cooperative
purchasing agreement with the State of Texas Multiple Award
Schedule (TxMas).
This Motion was recommended to the consent agenda.
22. Construction Contract for the Sharpsburg Lift Station Upgrade
and Up River Road Force Main Rehabilitation (Capital
Improvement Project)
Motion authorizing the City Manager, or designee, to execute a
construction contract with Associated Construction Partners, Ltd. of
Boerne, Texas in the amount of$3,042,665 for the Sharpsburg Lift
Station Upgrade and Up River Road Force Main Rehabilitation for the
Total Base Bid.
The Motion was recommended to the consent agenda.
23. Resolution authorizing Advance Funding Agreement for 2014
Highway Safety Improvements Program (Bond 2014, Proposition
2)
Resolution authorizing the City Manager, or designee, to execute an
Advance Funding Agreement with the Texas Department of
Transportation (TXDOT)for 2014 Highway Safety Improvements
Program with the City's local participation in the amount of
$779,877.60 from the Bond 2012 and Bond 2014 programs.
This Resolution was recommended to the consent agenda.
24. Construction Contract for the Choke Canyon Dam Sluice Gate
Stem Repairs
Motion authorizing the City Manager, or designee, to execute a
construction contract with Huffman Contractors, LLC of Nederland,
Texas in the amount of$189,999 for the Choke Canyon Dam Sluice
Gate Stem Repairs for the Total Base Bid.
This Motion was recommended to the consent agenda.
25. Engineering Construction Contract for Alternative Capacity Power
Generation Staples and Navigation Water Pump Station (Capital
Improvement Project)
Motion authorizing the City Manager, or designee, to execute a
construction contract with McDonald Municipal & Industrial of Houston,
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Texas in the amount of$868,869 for the Alternative Capacity Power
Generation -Staples and Navigation Water Pump Station for the Total
Base Bid.
This Motion was recommended to the consent agenda.
26. Approving Cellular Services for Phones,Wireless Devices, and
Connectivity
Motion authorizing the City Manager or designee to execute a contract
with T-Mobile USA, Inc., of Bellevue, Washington, based on a
cooperative purchasing agreement with the Texas Department of
Information Resources (DIR), for a total estimated expenditure of
$1,650,348 for three years, of which $412,587 is funded in
FY2016-2017, with options to extend for up to one additional one-year
period subject to renewals of the State's DIR contract(DIR-TSO-3416)
with T-Mobile, sufficient annual appropriations, and mutual consent of
the vendor and City Manager.
This Motion was recommended to the consent agenda.
27. Establishing Waste Acceptance Contract with Killian Calderon
Disposal LLC
Motion authorizing the City Manager or designee to execute an
11-year contract with Killian Calderon Disposal, LLC, guaranteeing the
delivery of specific tonnage of acceptable waste collected within the
boundaries of the Coastal Bend Council of Governments region to the
City's Cefe Valenzuela Municipal Landfill, with a termination date of
November 12, 2027.
This Motion was recommended to the consent agenda.
R. BRIEFINGS: (ITEMS 28-29)
28. Water Quality Projects Update
Mayor Martinez referred to Item 28.Interim Director of Water Utilities Dan
Grimsbo introduced the presentation team including:Water Quality Manager
Gabriel Ramirez,Utilities System Manager Rafael Martinez,and Assistant
Director of Maintenance and Lines Wes Nebgen.Mr.Grimsbo stated that the
purpose of this item is to provide a presentation on the actions that have been
taken and projects started to improve water quality and plant operations.Mr.
Grimsbo provided information on the actions the City has implemented and
current and future actions to be taken to address the three major areas of the
water system including raw water,treatment and distribution.Mr.Grimsbo
provided the location,cost,and estimated timeline for the current capital
improvement plan projects.
29. Ethics Commission Ethics Code Recommendations
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Mayor Martinez referred to Item 29.Assistant City Attorney Lisa Aguilar stated
that the purpose of this item is to provide a report on the Code of Ethics
recommendations.Ethics Commission Chair Dr.Haysam Dawod was available
to respond to questions.On July 19,2016,the City Council received a
presentation from the Ethics Commission Chair regarding their proposed
recommendations.During that presentation,several questions were raised and
taken back to the Ethics Commission on September 15,2016.The Ethics
Commission reviewed the questions raised by City Council and provided
recommendations for the City Council's consideration.
Question 1 regarding the definition of"client"for the purposes of changes
recommended to the conflict of interest section in the Ethics Code.Answer:
The Ethics Commission recommend that the the term"client"be redefined to
refer to a fiduciary relationship,but not an ordinary customer relationship.
Question 2 regarding Restrictions on Appointments and whether the proposed
amendment to Section 2-311(21)(E)regarding restrictions on appointments
related to contributions in excess of$2,700 applies to a contribution by a
political action committee.Answer:No.The Ethics Commission states that this
amendment only applies to a contribution made by an individual and
recommends no changes to their initially proposed amendment
Question 3 regarding appointments to non-profit boards and the intent
regarding the proposed amendment to Section 2-311(8)(A)9 regarding
appointments to non-profit boards.Answer:The Ethics Commission discussed
and voted to remove this proposed amendment
Question 4 regarding what was the intent regarding the Human Resources
Department's responsibilities in the definition of"official"in Section 2-311(8)
(D)for the purpose of identifying City officials for Ethics Code provisions.
Answer:The Ethics Commission revised their recommendation and shifted the
responsibility from the Human Resources Department to the City Manager to
update the list and post annually to the City's website.
Question 5 regarding the proposed amendment to include the Preamble into
the Ethics Code as one of the potential rules of conduct violation.Answer:The
Ethics Commission voted to remove this recommendation, therefore,the
language in Section 2-330(a)would remain the same.
Council members spoke regarding the following topics:appreciation for staff
and the Ethics Commission for their work on these recommendations;the
difference between a fiduciary relationship and an ordinary customer
relationship;the fields in which a fiduciary relationship is likely to occur;
questions regarding removing the preamble from Section 2-330,Complaints
but continuing to have a portion of the preamble language"to avoid the
appearance of impropriety"remain in Section 2-11...(8)(A);a letter written by
David Loeb to the Caller Times regarding the composition of the Ethics
Commission;the composition of the Ethics Commission in other Texas cities
and how violations are handled;the percentage of the recommendations that
came from the Mureen Report;and whether the language in the Ethics Code is
airtight
S. ADJOURNMENT
The meeting was adjourned at 7:01 p.m.
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