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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 March 21, 2017 which were approved by the City
Council on March 28, 2017.
WITNESSETH MY HAND AND SEAL, on this the 28th day of March, 2017.
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Rebecca Huerta
City Secretary
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Corpus Christi 1201 Leopard Street
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Meeting Minutes
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City Council
Tuesday,March 21,2017 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.
MEMBERS OF THE AUDIENCE WILL BE PROVIDED AN OPPORTUNITY TO
ADDRESS THE COUNCIL AT APPROXIMATELY 12:00 P.M. CITIZEN COMMENTS
WILL BE LIMITED TO THREE MINUTES. Please speak into the microphone
located at the podium and state your name and address. If you have a petition
or other information pertaining to your subject, please present it to the City
Secretary.Any electronic media (e.g. CD, DVD,flash drive)that the Public would
like to use while they speak to the City Council MUST be submitted a minimum
of 24 hours prior to the meeting. Please contact the Public Communications
department at 361-826-3211 to coordinate.
A. Mayor Pro Tem Lucy Rubio to call the meeting to order.
Mayor Pro Tem Lucy Rubio called the meeting to order at 11:31 a.m.
B. Invocation to be given by Detective Micheal Ilse-Chaplain, Corpus Christi
Police Department.
Detective Michael Ilse gave the invocation.
C. Pledge of Allegiance to the Flag of the United States to be led by Dan Grimsbo,
Interim Executive Director of Utilities.
Interim Executive Director of Utilities Dan Grimsbo led the Pledge of
Allegiance.
D. City Secretary Rebecca Huerta to call the roll of the required Charter Officers.
Assistant City Secretary Paul Pierce 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 Assistant City
Secretary Paul Pierce.
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Present: 8- Council Member Rudy Garza,Council Member Paulette Guajardo,Council
Member Michael Hunter,Council Member Joe McComb,Council Member
Ben Molina,Council Member Lucy Rubio,Council Member Greg Smith,and
Council Member Carolyn Vaughn
E. Proclamations/Commendations
1. Proclamation declaring March 22, 2017, "National Small Business
Development Center Day".
Swearing-In Ceremony for Newly Appointed Municipal Court Judges.
Mayor Pro Tem Rubio presented the proclamation.The Honorable Jack Hunter,
Retired District Judge,conducted the swearing-in ceremony for the newly
appointed Municipal Court Judges.
F. CITY MANAGER'S COMMENTS/UPDATE ON CITY OPERATIONS:
Mayor Pro Tern Rubio referred to City Manager's Comments.City Manager
Margie C.Rose reported on the following topics:
a. OTHER
1)City Manager Rose announced the following staff appointments:Assistant
City Manager Sylvia Carrillo;Assistant City Manager Keith Selman;Director of
Management and Budget Eddie Houlihan;and Director of Street Operations
Andres"Andy"Leal.2)City Manager Rose recognized Airport Public Safety
Officer Amy Cuevas,who is being praised by a local hotel manager for locating
and returning a missing package worth$85,000.The manager complimented
Officer Cuevas's professionalism while helping to locate the package and
resolve a very critical issue for the hotel.
G. MINUTES:
2. Regular Meeting of February 28, 2017 and Special Meeting of March
10, 2017.
Mayor Pro Tem Rubio referred to approval of the minutes.Council Member
Vaughn made a motion to approve the minutes,seconded by Council Member
Molina and passed unanimously.
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J. PUBLIC COMMENT FROM THE AUDIENCE ON MATTERS NOT SCHEDULED ON
THE AGENDA WILL BE HEARD AT APPROXIMATELY 12:00 P.M. 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. Citizen comments are limited to three minutes. If you have a petition or
other information pertaining to your subject, please present it to the City
Secretary.Any electronic media(e.g. CD, DVD,flash drive)that the Public would
like to use while they speak MUST be submitted a minimum of 24 hours prior to
the Meeting. Please contact the Public Communications department at
361-826-3211 to coordinate.
Mayor Pro Tem Rubio referred to comments from the public.City Attorney
Miles K.Risley read the Rules of Decorum for the City Council meeting.Tony
C.Hartwell,2129 Polaris Place,spoke regarding the need to change City
ordinances to require landlords to obey building codes and thanked Animal
Care Services,Code Enforcement and the Fire Marshall for recently assisting
him at his residence.Flo East,1605 Yorktown,spoke regarding Item 41,
manufactured housing for affordable infill development,and expressed
opposition to rezoning property in the Flour Bluff area for a demonstration
project located at 1221 Central Street.Linda Snider,6213 Angelique Court,
spoke in support of Item 41,manufactured housing for affordable infill
development,and the need for affordable housing in the City.Kate Engler,
1919 Leopard,spoke regarding government issues and violations of a probate
order.Jack Gordy,4118 Bray,spoke regarding the lawsuit filed by Mark Scott
against the City and stated that the City should file a countersuit that would
require Mr.Scott to pay the City's attorneys fees.Caren Childers,14330
Bluefish,spoke regarding the need for affordable home ownership in the City
and asked questions regarding the Affordable Housing Task Force.Eddie
Savoy,8100 SPID,spoke regarding Item 41,manufactured housing for
affordable infill development,and expressed opposition to manufactured
homes located in residential subdivisions.Joe Anthony Bazan,222 Clemmer,
spoke regarding a recent fire that damaged his property and expressed
support for Item 41,manufactured housing for affordable infill development.
Shirley Thornton,1917 Woodcrest,spoke regarding Item 41,manufactured
housing for affordable infill development,and Mr.Andy Taubman's meeting
with the Flour Bluff Citizens Council to provide information and answer
questions.Susie Luna Saldana,4710 Hakel,spoke in support of Item 41,
manufactured housing for affordable infill development.Dan Suckley,1602
Yorktown,spoke in opposition to Item 41,manufactured housing for infill
affordable development,in the Flour Bluff area.Matt Lohmeier,121 Naples and
member of the Corpus Christi Clergy Alliance,spoke in support of Item 41,
manufactured housing for affordable development,as an option to address the
need for affordable housing.Abel Alonzo,1701 Thames,spoke in support of
Item 41,manufactured housing for affordable infill development.Ricardo
Elizondo,723 Fifth Street,spoke regarding:Code Enforcement being more
proactive to address slumlords situations;Solid Waste services;and street
repairs.Bart Braselton,5337 Yorktown,spoke regarding the affordable
housing problem and in support of Item 41,manufactured housing for
affordable infill development,as a solution.Mike Leonard,342 Clearview Drive,
spoke regarding the definition of affordable housing;whether manufactured
housing is considered affordable;and insurance and windstorm requirements
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for manufactured housing.
A council member requested an update on the status of the Affordable Housing
Task Force.
H. BOARD & COMMITTEE APPOINTMENTS:
3. Building Standards Board
Ethics Commission
Leadership Committee for Senior Services
Planning Commission
Mayor Pro Tem Rubio referred to board and committee appointments.The
following appointments were made:
Building Standards Board
Council Member Vaughn made a motion to reappoint Joel E.De La Garza
(Lawyer),Matthew Ezell(General Contractor),and Lee Hassman(Member
At-Large),seconded by Council Member Molina and passed unanimously.
Ethics Commission
Council Member Vaughn nominated Scott H.Mesmer.Council Member Molina
nominated Gerald Avila.
Scott H.Mesmer was appointed with Council Members Hunter,Vaughn,Rubio,
McComb,Guajardo and Smith voting for Scott H.Mesmer and Council
Members Molina and Garza voting for Gerald Avila.
Leadership Committee for Senior Services
Council Member Garza made a motion to reappoint Ginger Bryant(Senior
Center Participant),Maria Elena Flores(Community Representative),Theresa
Garcia(Direct Service Agency Representative),Willie Hardeman,Sr.
(Community Representative),and Denise Villagran(Community
Representative),seconded by Council Member Guajardo.This Motion was
passed and approved with the following vote:Garza,Guajardo,McComb,
Rubio,Vaughn,Molina and Hunter voting"Aye";Council Member Smith voting
"No"
Council Member McComb made a motion to appoint Monica Hansen
(Community Representative),George Berry(Community Representative),Meng
Zhao(Community Representative),Katherine Heslip(Senior Community
Participant),and Eva Bell(Direct Service Agency Representative),seconded by
Council Member Garza and passed unanimously.
Planning Commission
Council Member Vaughn nominated Kamran Zarghouni.Council Member
Molina nominated Sheldon Schroeder.
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Sheldon Schroeder was appointed with Council Members Garza,Smith,
McComb,Molina,and Hunter voting for Sheldon Schroeder and Council
Members Guajardo,Rubio,and Vaughn voting for Kamran Zarghouni.
EXPLANATION OF COUNCIL ACTION:
K. CONSENT AGENDA: (ITEMS 4-10)
Approval of the Consent Agenda
Mayor Pro Tem Rubio referred to the Consent Agenda.There were no
comments from the public.Council members requested that Items 5 and 6 be
pulled for individual consideration.
Council Member Garza made a motion to approve the consent agenda,
seconded by Council Member Guajardo.The consent agenda items were
passed and approved by one vote as follows:
Aye: 8- Council Member Garza,Council Member Guajardo, Council Member
Hunter,Council Member McComb, Council Member Molina,Council
Member Rubio, Council Member Smith and Council Member Vaughn
Abstained: 0
4. Resolution submitting a grant application to the State for the
Justice Assistance Grant(JAG) Program
Resolution authorizing the submission of a grant application in the
amount of$288,116 to the State of Texas, Criminal Justice Division,
for funding eligible under the FY2016 Justice Assistance Grant(JAG)
program for law enforcement equipment; and authorizing the City
Manager or the City Manager's designee to apply for, accept, reject,
alter or terminate the grant.
This Resolution was passed on the consent agenda.
Enactment No: 031087
7. Supply Agreement for Sludge Dewatering Polymer for Wastewater
Plants
Motion authorizing City Manager, or designee, to execute a supply
agreement with Polydyne, Inc., of Riceboro, Georgia for the purchase
of Sludge Dewatering Polymer("chemical") in response to Request for
Bid No. 991 based on the lowest, responsive, responsible bid for a
total amount not to exceed $96,946.20, with an estimated expenditure
of$48,473.10 in FY2016-2017 and funded by the Wastewater Fund.
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 sole discretion of
the City.
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This Motion was passed on the consent agenda.
Enactment No: M2017-039
8. Second Reading Ordinance-Rezoning property located at 7306
and 7242 South Padre Island Drive(Highway 358)(1st Reading
2/28/17)
Case No. 0117-07 Oceanic Development, LTD: A change of zoning
from the"RM-1" Multi-family 1 District to the"CG-2" General
Commercial District. The property is described as being a 2.98 acre
tract of land out of a portion of Flour Bluff and Encinal Farm and
Garden Tracts, Section 28, Lots 1 and 2, located on the north side of
South Padre Island Drive(State Highway 358) between Rodd Field
Road and Lexington Road.
Planning Commission and Staff Recommendation (January 25, 2017):
Approval of the change of zoning from the"RM-1" Multi-family 1
District to the"CG-2" General Commercial District.
Ordinance:
Ordinance amending the Unified Development Code ("UDC"), upon
application by Oceanic Development, LTD. ("Owner"), by changing the
UDC Zoning Map in reference to a 2.98 acre tract of land out of a
portion of Flour Bluff and Encinal Farm and Garden Tracts, Section 28,
Lots 1 and 2; from the"RM-1" Multi-family 1 Residential District to the
"CG-2"General Commercial District; amending 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:031089
9. Second Reading Ordinance-Rezoning property located at 3115
South Padre Island Drive (SPID)(State Highway 358)(1st Reading
2/28/17)
Case No. 0117-06 Port City Pontiac-GMC, Inc.: 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 Boulevard Acres
Lots E2, G, and F2, located on the south side of South Padre Island
Drive (State Highway 358) between Larcade Drive and Kostoryz Road.
Planning Commission and Staff Recommendation (January 25, 2017):
Denial of the change of zoning from the"CG-2" General Commercial
District to the"IL" Light Industrial District, in lieu thereof approval of the
"CG-2"General Commercial District with a Special Permit(SP)with
conditions.
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Ordinance:
Ordinance amending the Unified Development Code ("UDC"), upon
application by Port City Pontiac-GMC, Inc. ("Owner"), by changing the
UDC Zoning Map in reference to 5.46 acre tract of land composed of
three lots in Boulevard Acres Lots E2, G, and F2 from the"CG-2"
General Commercial to the"CG-2/SP"General Commercial District
with a Special Permit for all three lots; 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:031090
10. Second Reading Ordinance-Urban Transportation Plan
Amendment-Realigning a Planned C1 Collector Street System
Involving Norchester Drive,Zenith Drive, Evans Road and
Acushnet Drive(Council Priority -Streets)(1st Reading 2/28/17)
Ordinance amending the Urban Transportation Plan map of Mobility
CC, a transportation element of the Comprehensive Plan of the City of
Corpus Christi, by realigning a proposed Cl Minor Residential
Collector street system proposed south of Saratoga Boulevard from
intersecting at Norchester Drive to intersecting at Zenith Drive and
connecting with Evans Road to the south and Acushnet Drive to the
east; amending related elements of the Comprehensive Plan of the
City; providing for severance; and providing for publication.
This Ordinance was passed on second reading on the consent agenda.
Enactment No: 031091
5. Resolution Approving Street Selection Process for Residential
Street Rebuild Program (RSRP)(Council Priority -Streets)
Resolution approving the concepts, direction and selection criteria for
the Residential Street Rebuild Program (RSRP).
Mayor Pro Tem Rubio referred to Item 5,a resolution approving street selection
process for Residential Street Rebuild Program(RSRP).Executive Director of
Public Works Valerie Gray and council members discussed the following
topics:street selection;a policy to use concrete in new neighborhoods;the
impact of a potential policy change;the process for building streets in a new
subdivision;range of soils in the City;and a future briefing,with developers
input,to discuss changing the policy to use concrete in newly developed
neighborhoods.
MOTION OF DIRECTION
Council Member Vaughn made a motion directing the City Manager to bring
back a briefing on information regarding the City requiring developers to build
new residential streets in concrete,seconded by Council Member Guajardo
and passed unanimously.
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Council Member Vaughn made a motion to approve the resolution,seconded
by Council Member Garza.This Resolution was passed and approved with the
following vote:
Aye: 8- Council Member Garza,Council Member Guajardo,Council Member
Hunter, Council Member McComb, Council Member Molina,Council
Member Rubio,Council Member Smith and Council Member Vaughn
Abstained: 0
Enactment No:031088
6. Construction Contract for Ennis Joslin Road Extension (Holly to
Williams)(Bond 2014 Proposition 2)(Council Priority -Streets)
Motion authorizing the City Manager, or designee, to execute a
construction contract with Haas-Anderson Construction, Ltd. of Corpus
Christi, Texas in the amount of$4,683,389.20 for Ennis Joslin Road
Extension (Holly to Williams)for the total base bid. (BOND 2014
Proposition 2)
Mayor Pro Tem Rubio referred to Item 6,a construction contract for Ennis
Joslin Road Extension(Holly to Williams).Director of Engineering Services
Jeff Edmonds and council members discussed the following topics:the total
cost of the bond project;the policy of including bicycle paths as part of the
construction of new streets;the Bicycle Mobility Plan;whether adding the
bicycle lane reduces the number of vehicular lanes;the Bicycle Mobility Plan
helping to meet air-attainment standards by the Environmental Protection
Agency(EPA);and a review of existing policy.
Council Member Garza made a motion to approve the motion,seconded by
Council Member Molina.This Motion was passed and approved with the
following vote:
Aye: 8- Council Member Garza, Council Member Guajardo, Council Member
Hunter, Council Member McComb, Council Member Molina,Council
Member Rubio, Council Member Smith and Council Member Vaughn
Abstained: 0
Enactment No:M2017-038
M. PUBLIC HEARINGS: (ITEM 11)
11. Public Hearing and First Reading Ordinance-Ordinance adopting
the London Area Wastewater Master Plan and the Storm Water
Master Plan as elements of the Comprehensive Plan (Tabled
3/21/17)
Ordinance adopting the London Area Wastewater Master Plan, an
element of the Comprehensive Plan; adopting the London Area Storm
Water Master Plan, an element of the Comprehensive Plan; amending
related elements of the Comprehensive Plan; providing for severance;
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and providing for publication.
Mayor Pro Tem Rubio referred to Item 11.Assistant Director of Planning and
ESI Daniel McGinn stated that the purpose of this item is to adopt the London
Area Wastewater and Storm Water Master Plans.Mr.McGinn presented the
following information:a map of the study area;existing conditions;an outline
of the utility master plans;the proposed wastewater master plan;the proposed
storm water master plan;recommendations;potential future growth in the
extraterritorial jurisdiction(ETJ);the developer trust fund system;issues with
the developer trust fund system;the current balances of the trust funds;
current projects;the estimated cost of future development;and next steps.
Mayor Pro Tem Rubio opened the public hearing.Bait Braselton,5337
Yorktown,spoke regarding the developer trust funds and taking steps
necessary to provide for future growth.Derrick Hegmon,57066 Stone Village,
San Antonio,Texas,spoke regarding the importance of the master plans
related to completion of the regional sport complex project.Isabel Araiza,326
Poenisch,asked the City Council to focus on the interior of Corpus Christi.
Mayor Pro Tem Rubio closed the public hearing.
Council members and staff discussed the following topics:the location of the
waterlines;how the developer trust fund process works;whether the
developer trust fund pays for lift stations;developer acreage fees;the current
lift stations in the area;the status of the Southside Area Development Plan;the
number of acres in the London area;concerns with excluding portions of the
London area;future discussion regarding developer trust funds;the need to
complete the area development plans;wind turbines having a negative
impacting on future growth;the items on the agenda regarding disannexation;
the proximity to Chapman Ranch;future growth;the capacity past the 980
acres;a future workshop on March 30,2017 to address annexation policy and
other infrastructure financing;a breakdown of the projected growth and return
on investment;and consideration to table the action on this item until after the
workshop on March 30,2017.
Council Member Garza announced that he would be abstaining from this item.
Council Member Molina made a motion to table this item until after the
workshop on March 30,2017,seconded by Council Member Vaughn.This
Ordinance was tabled with the following vote:
Aye: 7- Council Member Guajardo, Council Member Hunter, Council Member
McComb,Council Member Molina,Council Member Rubio,Council
Member Smith and Council Member Vaughn
Abstained: 1 - Council Member Garza
L. RECESS FOR LUNCH
Mayor Pro Tem Rubio deviated from the agenda and called for a recess at 1:54
p.m.Mayor Pro Tem Rubio reconvened the meeting at 2:31 p.m.
N. REGULAR AGENDA: (ITEMS 12 -13)
12. Resolution Authorizing a Disannexation Agreement to Restrict
Wind Turbines within the Disannexed Area
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Resolution authorizing the City Manager or designee to execute a
disannexation agreement with Chapman Ranch Wind I, LLC, a
Delaware limited liability company, for annexed parts of Laureles Farm
Tracts adjacent to the City limits located along and on both sides of
FM 2444, areas south of FM 2444 and west of County Road 41.
Mayor Pro Tem Rubio referred to Item 12.Assistant City Manager Mark Van
Vleck stated that the purpose of this item is to execute a disannexation
agreement with Chapman Ranch Wind I,LLC.There were no comments from
the public.
Council members spoke regarding the following topics:whether the City
negotiated the contract;the terms of the contract;the termination clause;
reimbursement of taxes paid;the ability to make the contract more ironclad to
protect the City's growth corridor and Naval installations;the City's ability to
re-annex the property;the cost associated with utilities to the annexed area;
the service plan for the entire area;the requirement to build a fire station and
the associated cost;whether the City would be required to maintain streets;
and re-annexing the property in the event that wind turbines or other
development in the area occurs.
Council Member Hunter made a motion to approve the resolution,seconded by
Council Member Vaughn.This Resolution was passed and approved with the
following vote:
Aye: 6- Council Member Garza, Council Member Hunter, Council Member Molina,
Council Member Rubio,Council Member Smith and Council Member
Vaughn
Nay: 2- Council Member Guajardo and Council Member McComb
Abstained: 0
Enactment No:031092
13. Second Reading Ordinance -To Remove Previously Annexed
Areas in Southside FM 2444(1st Reading 2/28/17)
Ordinance disannexing Laureles Farm Tracts adjacent to the City limits
located along and on both sides of FM 2444, areas south of FM 2444
and west of County Road 41, commonly referred to as a portion of the
Chapman Ranch and a portion of the previously proposed Apex wind
farm from the City of Corpus Christi, Texas; adjusting the City
boundaries accordingly; providing for severance, publication, and an
effective date.
Mayor Pro Tem Rubio referred to Item 13.Assistant City Manager Mark Van
Vleck stated that the purpose of this item is disannex the property previously
annexed in 2014 pursuant to the Southside FM 2444 annexation.There were no
comments from the public.A council member spoke regarding the London
master plan improvements and the disannexation.
Council Member Vaughn made a motion to approve the ordinance,seconded
Council Member Molina.This Ordinance was passed on second reading and
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approved with the following vote:
Aye: 6- Council Member Garza,Council Member Hunter, Council Member Molina,
Council Member Rubio,Council Member Smith and Council Member
Vaughn
Nay: 2- Council Member Guajardo and Council Member McComb
Abstained: 0
Enactment No:031093
O. FIRST READING ORDINANCES: (ITEMS 14-19)
14. First Reading Ordinance-Amending Code of Ordinances,
Chapter 39, Personnel Article III Employment Compensation and
Classification System Section 39-303(a)and (e)
Ordinance amending the Corpus Christi Code of Ordinances Chapter
39 Personnel Article Ill Employee Compensation and Classification
System Section 39-303 (a) and (e) by eliminating Pay Plan 400 to
allow moving the Police Commander and Assistant Chief positions to
the Pay Plan 200 repealing conflicting ordinances and rules; providing
for effective date and providing for severence.
Mayor Pro Tem Rubio referred to Item 14.Director of Human Resources Steven
Viera stated that the purpose of this item is to amend the Code of Ordinances,
Chapter 39,Employee Compensation and Classification System by eliminating
Pay Plan 400 to allow Police Commander and Assistant Chief positions to be
moved to Pay Plan 200.The annual cost to implement the plan will be$4,897
which will be absorbed in the Police General Fund budget.There were no
comments from the Council or the public.
Council Member Smith 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: 8- Council Member Garza,Council Member Guajardo, Council Member
Hunter, Council Member McComb,Council Member Molina,Council
Member Rubio,Council Member Smith and Council Member Vaughn
Abstained: 0
15. First Reading Ordinance-Service Agreement to Manage and
Operate the Al Kruse Tennis Center(Tabled 2/14/17)(Tabled
2/21/17)
Ordinance authorizing the City Manager or designee to execute a
service agreement with TOPS Tennis LLC, Dallas, Texas for
Management and Operations Service for Al Kruse Tennis Center for a
term of 36 months with up to two additional 12-month extension option
periods; the City will pay the Contractor$3,166.00 per month for an
estimated annual total of$38,000.00, and the Contractor will pay the
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City 5%of all Pro Revenue and 50% of collected City Revenue in
return for managing and operating the Al Kruse Tennis Center.
Mayor Pro Tem Rubio referred to Item 15.Director of Parks and Recreation Jay
Ellington stated that the purpose of this item is to execute an agreement with
TOPS Tennis LLC for the management and operation of the Al Kruse Tennis
Center.Staff from Parks and Recreation and the Purchasing Department were
available to respond to questions.There were no comments from the public.
Council members and staff discussed the following topics:an explanation of
the matrix evaluation system;clarification on the scoring system;the
evaluation process;the minimum qualifications;the eligibility of TOP Tennis
LLC;whether eligibility is based on the proposer or the individual members of
the company;the integrity of the procurement process;outstanding litigation;
the ratings for Gerald Tjon-A-Joe;the language in the proposal regarding the
operation of the tennis center;whether one contractor can operate both tennis
centers;HEB Tennis Center statistics and its impact to the community;
whether there is a need for a pro shop at the Al Kruse Tennis Center;the
members of the evaluation committee;consideration of a one-year contract
and new request for proposal process(RFP);the timeframe for issuance of a
new RFP;and staffs recommendation on how to proceed with operating the Al
Kruse Tennis Center.
Council Member Vaughn made a motion to approve the ordinance,seconded
by Council Member Molina.This Ordinance failed and was not approved on
first reading with the following vote:
Aye: 0
Nay: 8- Council Member Garza,Council Member Guajardo, Council Member
Hunter,Council Member McComb,Council Member Molina,Council
Member Rubio, Council Member Smith and Council Member Vaughn
Abstained: 0
MOTION OF DIRECTION
Council Member Vaughn made a motion directing the City Manager to bring
back a temporary contract,seconded by Council Member Molina and passed
unanimously.
16. First Reading Ordinance-Appropriating Funds for Park
Improvements
Ordinance authorizing the City Manager or designee to execute all
documents necessary to appropriate$765,453.93 funds from sale of
park properties in the 4720 Community Enrichment Fund for park
improvements and other related projects as described on the attached
and incorporated Exhibit A.
Mayor Pro Tern Rubio referred to Item 16.Director of Parks and Recreation Jay
Ellington stated that the purpose of this item is to appropriate$765,453.93 in
funds from the sale of park properties for park improvements and other related
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projects.There were no comments from the Council or the public.
Council Member Smith made a motion to approve the ordinance,seconded by
Council Member Molina.This Ordinance was passed on first reading and
approved with the following vote:
Aye: 8- Council Member Garza,Council Member Guajardo, Council Member
Hunter,Council Member McComb, Council Member Molina, Council
Member Rubio,Council Member Smith and Council Member Vaughn
Abstained: 0
17. First Reading Ordinance -Closing a Utility Easement Located at
15401 Dyna Street
Ordinance abandoning and vacating a 233-square foot portion of an
existing utility easement out of a part of Padre Island-Corpus Christi
No. 4, Block 235, Lot 1, located at 15401 Dyna Street and requiring
the owner, Hadi Mostaghasi d/b/a H & M Homes,to comply with the
specified conditions. Collecting a one-time fee for fair market value of
$830.06.
Mayor Pro Tem Rubio referred to Item 17.Interim Director of Development
Services Julio Dimas stated that the purpose of this item is to abandon and
vacate a 233-square foot portion of an existing utility easement located at
15401 Dyna Street and to collect a one-time fee for fair market value of$830.06.
There were no comments from the Council or the public.
Council Member McComb 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: 8- Council Member Garza, Council Member Guajardo, Council Member
Hunter, Council Member McComb,Council Member Molina,Council
Member Rubio, Council Member Smith and Council Member Vaughn
Abstained: 0
18. First Reading Ordinance-Closing a Utility Easement Located at
7185 Lake Placid
Ordinance abandoning and vacating an 87.3-square foot portion of an
existing utility easement out of a part of Lake Placid Estates, Block 2,
Lot 1, located at 7185 Lake Placid and requiring the owner, George A.
Segundo and Estefany Segundo, to comply with the specified
conditions. Collecting a one-time fee for fair market value of$102.14.
Mayor Pro Tem Rubio referred to item 18.Interim Director of Development
Services Julio Dimas stated that the purpose of this item is to abandon and
vacate an 87.3-square foot portion of an existing utility easement located at
7185 Lake Placid and to collect a one-time fee for fair market value of$102.14.
There were no comments from the Council or the public.
Council Member McComb made a motion to approve the ordinance,seconded
by Council Member Garza.This Ordinance was passed on first reading and
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approved with the following vote:
Aye: 8- Council Member Garza,Council Member Guajardo,Council Member
Hunter, Council Member McComb,Council Member Molina, Council
Member Rubio, Council Member Smith and Council Member Vaughn
Abstained: 0
19. First Reading Ordinance-Closing a Utility Easement Located
between Stampede Drive and Elizondo Drive
Ordinance abandoning and vacating a 0.030-Acre portion of an
existing utility easement out of a part of Flour Bluff and Encinal Farm
and Garden Tracts, Section 25, Lot 30& Rancho Vista Subdivision
Unit 7, Block 15, Lots 10 and 23 and requiring the owner, Yorktown
Oso Joint Venture, to comply with the specified conditions.
Mayor Pro Tem Rubio referred to Item 19.Interim Director of Development
Services Julio Dimas stated that the purpose of this item is to abandon and
vacate a 0.030-acre portion of an existing utility easement located in the
Rancho Vista Subdivision to allow the developer to re-plat two lots for a new
proposed subdivision.There were no comments from the Council or the
public.
Council Member McComb made a motion to approve the ordinance,seconded
by Council Member Molina.This Ordinance was passed on first reading and
approved with the following vote:
Aye: 8- Council Member Garza,Council Member Guajardo,Council Member
Hunter,Council Member McComb, Council Member Molina, Council
Member Rubio,Council Member Smith and Council Member Vaughn
Abstained: 0
Q. BRIEFINGS: (ITEM 40)
40. Overview of Animal Care Services
Mayor Pro Tern Rubio deviated from the agenda and referred to Item 40.
Assistant Police Chief Mark Schauer stated that the purpose of this item is to
provide an overview of the Police Department's management of Animal Care
Services since 2012.The presentation team also included Police Chief Mike
Markle and Captain William Broyles.Assistant Chief Schauer presented the
following information:a synopsis of the first year under management;present
focus areas;total budgeted staff;operations;current practices;and recent
improvements.
Council members and staff discussed the following topics:immunization of
animals;ways of detecting repeat animals;what happens to an animal if it is
not adopted;the average time an animal remains in the facility;addressing
staffing issues;a priority list of improvements;whether officers are actively
patrolling areas or solely responding to calls for service;trap/neuter/release
(TNR)program;euthanization at the facility;and targeting enforcement and
education.
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O. FIRST READING ORDINANCES: (ITEMS 20-23)
20. First Reading Ordinance-Appropriating Funds to Extend Taxiway
"K"(Kilo)Construction for the Support of United Coast Guard
Operations at Corpus Christi International Airport
Ordinance appropriating $622,950 from Federal Aviation
Administration Grant No. 3-48-0051-050-2013, Amendment No.4, in
the No. 3020 Airport Capital Improvement Fund for construction of
approximately 7,150 square yards of new pavement to expand and
extend Taxiway Kilo at the Corpus Christi International Airport and
necessary drainage, electrical, lighting and signage improvements,
with the 10% match provided from the Airport Capital Reserve Fund;
amending the FY2016-2017 Capital Budget by increasing revenues
and expenditures by$622,950 each.
Mayor Pro Tem Rubio deviated from the agenda and referred to Item 20.
Director of Aviation Fred Segundo stated that the purpose of this item is to
appropriate$622,950 from the Federal Aviation Administration Grant No.50,
Amendment No.4,to allow for the expansion and extension of Taxiway Kilo at
the Corpus Christi International Airport with associated drainage,electrical,
lighting and signage improvements.There were no comments from the Council
or the public.
Council Member Molina 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: 8- Council Member Garza, Council Member Guajardo, Council Member
Hunter, Council Member McComb, Council Member Molina,Council
Member Rubio, Council Member Smith and Council Member Vaughn
Abstained: 0
21. First Reading Ordinance-Authorizing the Issuance of Solid
Waste Certificates of Obligation
Ordinance authorizing the issuance of"City of Corpus Christi, Texas
Combination Tax and Limited Pledge Revenue Certificates of
Obligation, Taxable Series 2017" in an amount not to exceed
$2,500,000 for the purpose of financing costs associated with making
permanent public improvements to the City's Solid Waste System;
providing for the payment of said Certificates by the levy of an ad
valorem tax upon all taxable property within the City and further
securing said Certificates by a lien on and pledge of the pledged
revenues of the Solid Waste System; providing the terms and
conditions of said Certificates and resolving other matters incident and
relating to the issuance, payment, security, sale, and delivery of said
Certificates, including the approval and distribution of an Official
Statement; authorizing the execution of a paying agent/registrar
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agreement and a purchase contract; complying with the requirements
of the letter of representations on file with the depository trust
company; delegating the authority to certain members of the City staff
to execute certain documents relating to the sale of the Certificates;
enacting other provisions incident and related to the subject and
purpose of this ordinance; and providing an effective date.
Mayor Pro Tern Rubio referred to Item 21.Director of Financial Services
Constance Sanchez stated that the purpose of this item is to authorize the
issuance of up to$2,500,000 of certificates of obligation for Solid Waste to
fund a Gas Collection and Control System and the procurement of a flare.Clay
Binford,Bond Counsel,and Mark Seale,Financial Advisor,were available to
answer questions.
Mayor Pro Tem Rubio called for comments from the public.Chris Phelan,3806
Kingston Avenue,asked questions regarding the requirement to purchase the
gas flare and have it operational by November 11,2017 and borrowing funds
for the project.Director of Solid Waste Operations Lawrence Mikolajczyk
explained that the City is required to meet the deadline of November 2017
because of new Environmental Protection Agency(EPA)regulations.
Council members and staff spoke regarding the following topics:the Solid
Waste Department's annual contribution to the General Fund;the mechanism
for borrowing funds;use of actual service revenue to pay for the debt service;
paying for the project out of reserves;the number of times the City can pledge
revenue;the interest rate;whether EPA regulations will be changed;and the
City's policy regarding reserve funds.
Council Member Vaughn made a motion to approve the ordinance,seconded
by Council Member Molina.This Ordinance was passed on first reading and
approved with the following vote:
Aye: 8- Council Member Garza,Council Member Guajardo, Council Member
Hunter, Council Member McComb,Council Member Molina, Council
Member Rubio, Council Member Smith and Council Member Vaughn
Abstained: 0
22. First Reading Ordinance-Authorizing the Issuance of Refunding
Bonds with the Texas Water Development Board (TWDB)
Ordinance authorizing the issuance of"City of Corpus Christi, Texas
Utility System Junior Lien Revenue Refunding Bonds, Series 2017" in
an amount not to exceed $51,300,000; making provisions for the
payment and security thereof by a junior and inferior lien on and
pledge of the net revenues of the City's Utility System on a parity with
certain currently outstanding Utility System revenue obligations;
stipulating the terms and conditions for the issuance of additional
revenue bonds on a parity therewith; prescribing the form, terms,
conditions, and resolving other matters incident and related to the
issuance, sale, and delivery of the bonds; including the approval of an
application to the Texas Water Development Board; authorizing the
execution of a paying agent/registrar agreement, and an escrow
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agreement; complying with the requirements imposed by the letter of
representations previously executed with the depository trust
company; complying with the regulations promulgated by the Texas
Water Development Board; delegating the authority of certain
members of the City staff to execute certain documents relating to the
sale of the bonds; and providing an effective date.
Mayor Pro Tem Rubio referred to Item 22.Director of Financial Services
Constance Sanchez stated that the purpose of this item is to authorize the
issuance of utility system revenue bonds from the Texas Water Development
Board(TWDB)in an amount not to exceed$51,300,000.On December 20,2016,
the City Council authorized staff to submit an application to TWDB for financial
assistance in an amount not to exceed$51.3 million to refund the City
obligations previously issued to pay for the costs of Mary Rhodes Pipeline
Phase II.TWDB discussed the City's application on February 23,2017 and
unanimously accepted the City's application for financial assistance through
the Drinking Water State Revolving Fund.
Mayor Pro Tem Lucy Rubio called for comments from the public.Chris Phelan,
3806 Kingston Avenue,spoke regarding the issuance of funds in 2014 for the
construction of Mary Rhodes Pipeline Phase II;the City's initial plan to lease
water to industrial customers;and making decisions that are in the best
interest of the taxpayers.
Council Member Garza 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- Council Member Garza,Council Member Guajardo, Council Member
Hunter,Council Member McComb,Council Member Molina, Council
Member Rubio and Council Member Smith
Absent: 1 - Council Member Vaughn
Abstained: 0
23. First Reading Ordinance-Authorizing the Issuance of Refunding
Bonds related to Choke Canyon Dam
Ordinance authorizing the issuance of"City of Corpus Christi, Texas
Utility System Revenue Refunding Bonds", as further designated by
series and lien priority of revenue pledge, in an amount not to exceed
$77,520,000; making provisions for the payment and security thereof
by a lien on and pledge of the net revenues of the City's Utility System
which may be on a parity with certain currently outstanding Utility
System revenue obligations; stipulating the terms and conditions for
the issuance of additional revenue bonds on a parity therewith;
prescribing the form, terms, conditions, and resolving other matters
incident and related to the issuance, sale and delivery of the bonds;
including the approval and distribution of an official statement
pertaining thereto; authorizing the execution of one or more paying
agent/registrar agreements, escrow agreements, and a purchase
contracts; complying with the requirements imposed by the letter of
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representations previously executed with the depository trust
company; delegating the authority to certain members of the City staff
to execute certain documents relating to the sale of the bonds; and
providing an effective date.
Mayor Pro Tern Rubio referred to Item 23.Director of Financial Services
Constance Sanchez stated that the purpose of this item is to authorize the
refunding of a note payable to the Bureau of Reclamation,which was used to
pay for the construction of Choke Canyon in the 1970s for$49,985,000.This
note had an escalating debt service schedule with low payments in the first
several years.In 1987,the City Council established an annuity to levelize the
payments from the Water Fund to the Bureau for the Choke Canyon Debt This
debt is subordinate to all other utility debt and currently has no cash reserves
or coverage requirements.The current interest rate is 5.116%.This agenda
item will convert the existing note to a junior lien utility system revenue bond
with an interest rate of approximately 2.7%and product a net present value
savings of approximately$9.1 million over the life of the debt.This agenda
item also authorizes the refund of any callable utility system revenue bonds up
to$27,535,000.This refund is anticipated to produce a net present value
savings of$1.9 million or 7.0%.Clay Binford,Bond Counsel,and Mark Seale,
Financial Advisor,were available to respond to questions.There were no
comments from the public.
Council members and staff discussed the following topics:the original note
with the Bureau of Reclamation for Choke Canyon;the schedule of debt;the
amount currently outstanding;the reserve fund amount;the balance for Choke
Canyon;the expected interest rate;discussion with the Bureau of Reclamation
regarding the loan being forgiven;future analysis of the need for Choke
Canyon;the contract for Choke Canyon;reprecussion for defaulting on the
agreement for Choke Canyon;the expected rating for the bond;expected use
of the reserve fund;the reasons this action was not taken earlier;the process
for refunding;converting the existing to a junior lien;and questions regarding
the ability to allow customers to use a specific quantity of water at no cost
Council Member Smith made a motion to approve the ordinance,seconded by
Council Member Garza.This Ordinance was passed on first reading and
approved with the following vote:
Aye: 8- Council Member Garza,Council Member Guajardo, Council Member
Hunter,Council Member McComb,Council Member Molina, Council
Member Rubio,Council Member Smith and Council Member Vaughn
Abstained: 0
P. FUTURE AGENDA ITEMS: (ITEMS 24-38)
Mayor Pro Tem Rubio referred to Future Agenda Items.City Manager Margie C.
Rose stated that staff had planned presentations on Items 24 and 38.
24. Appointment of Financial Advisor for Utility System Revenue
Refunding Bonds,Series 2017A
Motion authorizing the appointment of and approving the contract for
M. E. Allison, &Co., as Financial Advisor for the City of Corpus Christi,
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Texas Utility System Revenue Refunding Bonds, Series 2017A in an
amount not to exceed $77,520,000.
This Motion was recommended to the regular agenda.
25. Resolution to Authorize Submission of Grant Application for the
Local Border Security Program Grant within the Police
Department
Resolution authorizing the City Manager, or designee, to submit a
grant application in the amount of$189,612.88 to the Office of the
Governor Homeland Security Grants Division for funding eligible under
the FY 2017-18 Local Border Security Program Grant.
This Resolution was recommended to the consent agenda.
27. Art Donation Agreement for La Retama Park
Motion authorizing the City Manager, or designee, to execute an
agreement with Rhodes Urban for the donation and acceptance of a
cast aluminum art sculpture known as"Community Column" by Artist,
Jack Gron, Art Professor at Texas A&M Corpus Christi, as well as an
internationally known artist, honoring the memory of Norma Urban, a
member of the Downtown Management Group, to be placed at La
Retama Park.
This Motion was recommended to the consent agenda.
26. Public Art for Collier Pool
Motion authorizing the City Manager or designee to execute
documents necessary to purchase a work of art created in painted
steel, by the artist group Monument Fine Art and Sculpture
Conservation, in the amount of$17,500 for the Aquatic Facility
Upgrades and Improvements-Collier Pool Project to fulfill the public
art requirement. (Bond 2012 Proposition 4)
This Motion was recommended to the consent agenda.
28. Resolution to Authorize Food Program Purchase for Senior
Centers and Summer Youth Programs
Resolution authorizing the City Manager to execute all documents
necessary to purchase up to$191,360.00 in food supplies for the City
Senior Center Meals Program through the Coastal Bend Council of
Governments(CBCOG) participation in the TEXAS 20 Purchasing
Cooperative as organized and administered by the Education Service
Center, Region 20; and ratifying the purchase of food supplies for the
said program in January-February 2017 through the CBCOG
participation in the TEXAS 20 Purchasing Cooperative in the amount
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of$46,898.11 from Labatt Food Services and $9,352.13 from Hill
Country Dairies.
This Resolution was recommended to the consent agenda.
29. Rental and Servicing of Portable Toilets for Beach Operations
Motion authorizing City Manager, or designee, to execute a service
agreement with Progressive Waste Solutions of TX, Inc., dba
Skid-o-Kan, of Corpus Christi, Texas for rental and servicing of
portable toilets for Beach Operations, in accordance with Request for
Bid No. 816, based on the lowest, responsive, responsible bid for a
total amount not to exceed $22,600, with an estimated expenditure of
$11,300 in FY 2016-2017. The term of this contract will be for 12
months with options to extend for two additional 12-month periods at
the sole discretion of the City.
This Motion was recommended to the consent agenda.
30. Construction Contract for Ocean Drive Park Improvements -Cole
Park(Bond 2012, Proposition 4)
Motion authorizing the City Manager, or designee, to execute a
construction contract with JE Construction Services of Corpus Christi,
Texas in the amount of$725,120 for the Ocean Drive Park
Improvements-Cole Park for the base bid and additive alternates 1, 2
and 3 (Bond 2012, Proposition 4).
This Motion was recommended to the consent agenda.
31. Construction Contract for South Alameda Street from Ayers
Street to Louisiana Avenue(Bond 2012, Proposition 1)(Council
Priority-Streets)
Motion authorizing the City Manager, or designee, to execute a
construction contract with CPC Interests, LLC Dba Clark Pipeline
Services of Corpus Christi, Texas in the amount of$4,996,832.79 for
South Alameda Street from Ayers Street to Louisiana Avenue for Base
Bid 2. (Bond 2012, Proposition 1)
This Motion was recommended to the consent agenda.
32. Construction Contract for Ayers Street from Ocean Drive to
Alameda Street(Bond 2014, Proposition 1)(Council Priority -
Streets)
Motion authorizing the City Manager, or designee, to execute a
construction contract with CPC Interests, LLC Dba Clark Pipeline
Services of Corpus Christi, Texas in the amount of$6,254,181.88 for
Ayers Street from Ocean Drive to Alameda Street for a total Base Bid
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plus Additive Alternates 1 and 3. (Bond 2014, Proposition 1)
This Motion was recommended to the consent agenda.
33. Construction Contract for City-Wide Water Distribution System
Repair and Replacement Indefinite Delivery/Indefinite Quantity
Program (Capital Improvement Program)(Council Priority -Water)
Motion authorizing the City Manager, or designee, to execute a
construction contract with CPC Interests, LLC dba Clark Pipeline
Services, LLP of Corpus Christi, Texas in the amount of$5,100,000
for the City-Wide Water Distribution System Repair and Replacement
Indefinite Delivery/Indefinite Quantity(IDIQ) Program for one (1)year
base contract with two(2)optional one(1)year extensions to be
approved administratively subject to availability of funding and
satisfactory contractor performance.
This Motion was recommended to the consent agenda.
34. Resolution authorizing Interlocal Agreement for Soil Analysis
Resolution authorizing the City Manager or designee to execute an
Interlocal Agreement with Texas A& M AgriLife Extension Service for
a soil testing program.
This Resolution was recommended to the consent agenda.
35. Supply Agreement for Ferrous Sulfate for Wastewater Plants
Motion authorizing City Manager, or designee, to execute a supply
agreement with Pencco, Inc., of San Felipe, Texas for the purchase of
Ferrous Sulfate("chemical") in response to Request for Bid No. 1020
based on the lowest, responsive, responsible bid for a total amount not
to exceed $290,250.00, with an estimated expenditure of$145,125.00
in FY2016-2017 and funded by the Wastewater Fund. The term of the
agreement is for one year with an option to extend for up to four
additional one year periods, subject to the sole discretion of the City.
This Motion was recommended to the consent agenda.
36. Lease-Purchase of Two Vactor and One Vacall (Body and
Chassis)Combination Sewer Trucks for Wastewater
Motion authorizing the City Manager, or designee, to lease-purchase
two Vactor combination sewer trucks and a Vacall chassis for
combination sewer truck(for Vacall body listed below)from Houston
Freightliner, of Houston, Texas, based on the cooperative purchasing
agreement with Houston-Galveston Area Council, and one Vacall
body for a combination sewer truck from Waukesha-Pearce Industries,
Inc., of Houston, Texas, based on the cooperative purchasing
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agreement with Texas Local Government Purchasing Cooperative,
dba BuyBoard; for a total amount not to exceed $1,167,613.39, with
an estimated expenditure of$77,774.20 in FY2016-2017.
This Motion was recommended to the consent agenda.
37. Purchase of 23 Police Vehicles and Upfitting Equipment for the
Police Department
Motion approving the purchase of 23 police vehicles from Caldwell
Country Ford dba Rockdale Country Ford, from Caldwell, Texas and
the upfitting equipment from Cap Fleet Upfitters from Temple, Texas,
based on the cooperative purchasing agreement with Texas Local
Government Purchasing Cooperative, dba BuyBoard for the total
amount not to exceed $1,034,360.16. Funds have been approved for
FY2016-2017.
This Motion was recommended to the consent agenda.
38. Resolution Amending Council Policies
Resolution amending City Council Policy Section 16 to reduce the
number of City Council Members required to place an item on the
agenda or to call a special or workshop meeting from at least five
members to four members; and to update said policy regarding regular
meeting time.
This Resolution was recommended to the consent agenda.
Q. BRIEFINGS: (ITEMS 39 AND 41)
39. Process for City Charter Review
This Presentation was postponed to the City Council meeting of March 28,
2017.
41. Manufactured Housing for Affordable Infill Development
Mayor Pro Tem Rubio deviated from the agenda and referred to Item 41.Interim
Director of Development Services Julio Dimas stated that the purpose of this
item is to provide an update on a project presented by Andy Taubman related
to manufactured housing for affordable infill development.Mr.Taubman and J.
Martin Montgomery,state expert on manufactured housing,presented the
following information:regulation of buildings;types of housing in Corpus
Christi;windstorm and flooding considerations;financing and insurance;the
structure lifespan and maintenance of homes;materials and components of
the structure;ownership economics;a site plan for 1221 Central Street;
individuals currently interested in manufactured housing;and addressing
neighborhood suitability.
Interim Director of Development Services Julio Dimas stated that staff is
working to address considerations regarding the process to implement the
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project and long-term policies regarding manufactured homes in infill
development.Mr.Dimas presented the following considerations:whether
manufactured homes are a viable option for affordable infill residential in
single-family zoning districts;information regarding manufactured housing;
codes regulating manufactured housing;zoning issues;windstorm standards;
construction standards;the effect manufactured homes have on surrounding
property values;aesthetics of manufactured homes in an existing
neighborhood;and information to evaluate for a new policy.
Council members and the presentation team discussed the following topics:
Texas Windstorm Insurance Association insuring some manufactured homes
but not all;Wind Zone 3 regulations;sand damage;the various soil make-ups
in the City;neighborhood suitability;determining suitable neighborhoods;
expected valuations;the impact on property values;replacement of
manufactured homes;foundation anchoring;state inspection regulations;
special instances when modular houses were temporarily allowed;what other
cities are doing;ranges of the cost of homes;and aesthethics criteria.
R. LEGISLATIVE UPDATE: (NONE)
S. EXECUTIVE SESSION: (ITEMS 42 -44)
Mayor Pro Tem Rubio referred to the day's executive sessions.The Council
went into executive session at 6:42 p.m.The Council returned from executive
session at 8:24 p.m.
42. Executive Session pursuant to Texas Government Code§551.071
and Texas Disciplinary Rules of Professional Conduct Rule 1.05 to
consult with attorneys concerning confidential legal issues related to
the interruption of water service, Rules of the Texas Commission on
Environmental Quality and U.S. Environmental Protection Agency, the
U.S. Clean Water Act, federal, state and local regulations and laws
related to the interruption of water service, negotiations with the U.S.
Environmental Protection Agency concerning the City's sanitary sewer
system, and professional services agreements related to the provision
of engineering, legal, and other services related to negotiation and
potential litigation with agencies involved in the regulation of water and
sewer service.
Mayor Pro Tern Rubio referred to Item 42 and the following motion was
considered:
Motion to authorize the extension of agreements and encumbrance of funds
for Professional Services Agreements for Outside Legal Counsel with Lloyd
Gosselink regarding(1)Post December 2016 Water Quality Event Enforcement
and(2)Ongoing TCEQ Enforcement measures,in a total amount not to exceed
$75,000.
Council Member Vaughn made a motion to approve the motion,seconded by
Council Member Garza.This Motion was passed and approved with the
following vote:
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Aye: 8- Council Member Garza,Council Member Guajardo, Council Member
Hunter, Council Member McComb, Council Member Molina,Council
Member Rubio, Council Member Smith and Council Member Vaughn
Abstained: 0
Enactment No: M2017-040
43. 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 the TxDOT
Harbor Bridge Project and pursuant to Texas Gov't Code§ 551.072 to
deliberate the purchase, exchange, lease, or value of real property
(including, but not limited to,TC Ayers Pool, TC Ayers Park and other
property in vicinity of existing or proposed Harbor Bridge, said pool,
and said park) because 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.
44. 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 annexation,
deannexation, provision of utility services in annexed areas, municipal
authority in the City's extraterritorial jurisdiction, wind turbines,
agreements related to aforementioned items, and other legal matters
related to the aforementioned matters in areas annexed by the City in
2014.
This E-Session Item was withdrawn.
T. ADJOURNMENT
The meeting was adjourned at 8:26 p.m.
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