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Agenda Packet City Council - 01/15/2013
Tuesday, January 15, 2013 Corpus Christi Meeting Agenda - Final City Council 11:30 AM 1201 Leopard Street Corpus Christi, TX 78401 cctexas.com Public Notice - - THE USE OF CELLULAR PHONES AND SOUND ACTIVATED PAGERS ARE PROHIBITED IN THE CITY COUNCIL CHAMBERS DURING MEETINGS OF THE CITY COUNCIL. Council Chambers Members of the audience will be provided an opportunity to address the Council at approximately 12:00 p.m., or the end of the Council Meeting, whichever is earlier. Please speak into the microphone located at the podium and state your name and address. Your presentation will be limited to three minutes. If you have a petition or other information pertaining to your subject, please present it to the City Secretary. Si Usted desea dirigirse al Concilio y cree que su ingles es limitado, habra un interprete ingles- espanol en todas las juntas del Concilio para ayudarle. Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact the City Secretary's office (at 361- 826 -3105) at least 48 hours in advance so that appropriate arrangements can be made. A. Mayor Nelda Martinez to call the meeting to order. B. Invocation to be given by Deacon Michael Mantz, Diocese of Corpus Christi. C. Pledge of Allegiance to the Flag of the United States. D. City Secretary Armando Chapa to call the roll of the required Charter Officers. E. Proclamations / Commendations 1. 13 -00036 Proclamation declaring January 2013 as "National Blood Donor Month" Proclamation declaring January 21, 2013 as "Martin Luther King Holiday Celebration and Commemorative March" 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 have a petition or other information pertaining to your subject, please present it to the City Secretary. Corpus Christi Page 1 Printed on 111112013 City Council Meeting Agenda - Final January 15, 2013 PLEASE BE ADVISED THAT THE OPEN MEETINGS ACT PROHIBITS THE CITY COUNCIL FROM RESPONDING AND DISCUSSING YOUR COMMENTS AT LENGTH. THE LAW ONLY AUTHORIZES THEM TO DO THE FOLLOWING: 1. MAKE A STATEMENT OF FACTUAL INFORMATION. 2. RECITE AN EXISTING POLICY IN RESPONSE TO THE INQUIRY. 3. ADVISE THE CITIZEN THAT THIS SUBJECT WILL BE PLACED ON AN AGENDA AT A LATER DATE. PER CITY COUNCIL POLICY, NO COUNCIL MEMBER, STAFF PERSON, OR MEMBERS OF THE AUDIENCE SHALL BERATE, EMBARRASS, ACCUSE, OR SHOW ANY PERSONAL DISRESPECT FOR ANY MEMBER OF THE STAFF, COUNCIL MEMBERS, OR THE PUBLIC AT ANY COUNCIL MEETING. THIS POLICY IS NOT MEANT TO RESTRAIN A CITIZEN'S FIRST AMENDMENT RIGHTS. G. EXECUTIVE SESSION: (NONE) PUBLIC NOTICE is given that the City Council may elect to go into executive session at any time during the meeting in order to discuss any matters listed on the agenda, when authorized by the provisions of the Open Meeting Act, Chapter 551 of the Texas Government Code, and that the City Council specifically expects to go into executive session on the following matters. In the event the Council elects to go into executive session regarding an agenda item, the section or sections of the Open Meetings Act authorizing the executive session will be publicly announced by the presiding office. H. MINUTES: 2. 13 -00051 Approval of Meeting Minutes - December 18, 2012 and January 8, 2013. Attachments: Minutes - December 18, 2012.pdf I. EXPLANATION OF COUNCIL ACTION: For administrative convenience, certain of the agenda items are listed as motions, resolutions, or ordinances. If deemed appropriate, the City Council will use a different method of adoption from the one listed; may finally pass an ordinance by adopting it as an emergency measure rather than a two reading ordinance, or may modify the action specified. A motion to reconsider may be made at this meeting of a vote at the last regular, or a subsequent special meeting, such agendas are incorporated herein for reconsideration and action on any reconsidered item. J. FUTURE AGENDA ITEM: (ITEM 3) The following items are for Council's informational purposes only. No action will be taken and no public comment will be solicited. 3. 12 -00830 Resolution of support and consent to create municpal management district to assist with rebuilding of canal bulkheads that may be damaged by storm or disaster Resolution declaring the City's support of and consent to the creation of Corpus Christi Page 2 Printed on 111112013 City Council Meeting Agenda - Final January 15, 2013 K. El I 671 the Padre Isles Municipal Management District. Attachments: Agenda memo - PIMD revised PUBLIC HEARINGS: (ITEMS 4 - 5) 12 -00912 Public Hearing and First Reading Ordinance -A change of zoning from the "CG -1" General Commercial District to the "RS -6" Single - Family 6 District, at 1309 Glenoak Drive Case No. 1212 -02 Chance and Tarah Durbin: A change of zoning from the "CG -1" General Commercial District to the "RS -6" Single - Family 6 District, resulting in a change of future land use from commercial to low density residential. The property is described as Lot 1C, Block 1, Dulak Subdivision, located along the south side of Glenoak Drive and approximately 500 feet east of Flour Bluff Drive. Planning Commission and Staff Recommendation (December 19, 2012): Approval of the change of zoning from the "CG -1" General Commercial District to the "RS -6" Single - Family 6 District. Ordinance: Ordinance amending the Unified Development Code ( "UDC') upon application by Chance and Tarah Durbin ( "Owners "), by changing the UDC Zoning Map in reference to Lot 1C, Block 1, Dulak Subdivision, from the "CG -1" General Commercial District to the "RS -6" Single - Family 6 District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. Attachments: Agenda memo - Chance and Tarah Durbin rev1 -4 -13 ��IrFlfii► lli► aliZR7�t�TiTiTTi1r�17R71rJ:71:1 12 -00720 Public Hearing and First Reading Ordinance - Amending the Unified Development Code relating to off - premise signs Ordinance amending the Unified Development Code ( "UDC') by revising subsection 7.5.7.A.7. relating to signs partially exempt from the UDC; providing for severance, penalties, and publication. Corpus Christi Page 3 Printed on 111112013 City Council Meeting Agenda 'Final January 15.2018 Attachments: Agenda memo - Amendment to UDC Addressing Signs Revised Ordinance-UDC Proposed Text Amendment, Signs 7 5 7 A 7 Minutes - Excerpt from Planning Commission Meeting Minutes, Oct 10, L. BRIEFINGS TO CITY COUNCIL: (ITEMS 6 - 10) The following items are for Council's informational purposes only. No action will botaken and no public comment will bosolicited. G. Bond Issue 2004 and 2008Status Attachments: Agenda memo - Bond Update Presentation - Bond 04 and 08 update rev 7. City Wide Effluent Master Plan Attachments: Agendame.mo - Effluent Master Plan Presentation - Effluent Master Plan 8. Leveraging Local Funds Spent for the Development/Redevelopment of the Corpus Christi Bavfnont Attachments: Agenda memo - Leveraging Bayfront Investment Presentation - Leveraging Local Funds - wsp 9. BaokOmw Prevention Program Presentation - BackRow 1-10-13 10. Street Maintenance Fee M. CITY MANAGER'S COMMENTS: * Update on City Operations N. ADJOURNMENT Corpus Christi Page 4 Printed on 111112013 a, 7 Tuesday, December 18, 2012 A. B. C. E Corpus Christi Meeting Minutes - Final CALL MEETING TO ORDER. INVOCATION. City Council 11:30 AM Mayor Martinez called the meeting to order. The invocation was delivered by Lynn Blackler, Christus Spohn. PLEDGE OF ALLEGIANCE. ROLL CALL. 1201 Leopard Street Corpus Christi, TX 78401 cctexas.com Council Chambers The Pledge of Allegiance was led by Assistant City Manager Oscar Martinez. City Secretary Armando Chapa verified that the necessary quorum of the Council and the following necessary Charter Officers, City Manager Ron Olson, City Attorney Carlos Valdez and City Secretary Armando Chapa were present to conduct the meeting. Present: 9 - Council Member Kelley Allen,Council Member Priscilla Leal,Council Member David Loeb,Mayor Nelda Marti nez,Council Member Mark Scott,Council Member Chad Magill,Council Member Colleen Mclntyre,Council Member Lillian Riojas, and Council Member Rudy Garza Proclamations / Commendations 1. Goodwill Ambassador - Terri "Cissi" Whipple for Dedication to the Sport of Table Soccer Swearing in of newly appointed board, commission and committee members Mayor Martinez read and presented the Proclamation, and conducted a swearing in of newly appointed board, commission and committee members. Mayor Martinez deviated from the agenda and referred to Approval of Minutes, Board and Committee Appointments and the Consent Agenda. H. MINUTES: 3. Approval of Meeting Minutes - December 11, 2012. A motion was made by Council Member Mark Scott, seconded by Council Member David Loeb to approve the minutes as presented. Corpus Christi Page 1 Printed on 11912013 City Council Meeting Minutes - Final December 18, 2012 BOARDS & COMMITTEE APPOINTMENTS: 4. Coastal Bend Council of Governments Corpus Christi Downtown Management District Ethics Commission Port of Corpus Christi Authority The following reappointments /new appointments were made to the City boards, commissions and committees: Coastal Bend Council of Governments: Mayor Nelda Martinez, Council Member David Loeb, Council Member Colleen McIntyre Corpus Christi Downtown Management District: New Appointment -Janet Maxwell (Corporate Property Owner) Ethics Commission: Reappointment - Karon K. Connelly; New Appointments - Alicia Benavidez and Arthie Lee Brown Port of Corpus Christi Authority: Reappointment - Robert Kostelnik Enactment No: K. CONSENT AGENDA: (ITEMS 5 - 20) Mayor Martinez called for consideration of the Consent Agenda, Items 5 through 20. Mayor Martinez asked for council and public comment. The following items were pulled and voted on separately: 11, 12 and 19. 5. Purchase of Tasers for police officers for restraint of aggressive individuals Motion approving the purchase of TASER brand non - lethal weapons from GT Distributors, Inc., Austin, Texas based on sole source for a total expenditure of $72,034.10. Funds have been budgeted by the Police Department in FY 2012- 2013. The foregoing motion was passed and approved with the following vote: Aye: 9- Council Member Allen, Council Member Leal, Council Member Loeb, Mayor Martinez, Council Member Scott, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Garza Abstained: 0 Enactment No: M2012 -202 6. Purchase of animal transport shells to replace existing units Motion approving the purchase of six (6) animal transport shells from Jackson Creek Manufacturing, Inc., Denton, North Carolina based on lowest responsible bid, in accordance with Bid Invitation No. BI- 0030 -13, for a total expenditure of $67,302.30. Funds have been budgeted by the Animal Care Department in FY 2012- 2013. The foregoing motion was passed and approved with the following vote: Corpus Christi Page 2 Printed on 11912013 City Council Meeting Minutes - Final December 18, 2012 Aye: 9- Council Member Allen, Council Member Leal, Council Member Loeb, Mayor Martinez, Council Member Scott, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Garza Abstained: 0 Enactment No: M2012 -203 7. Lease purchase for ambulances to replace existing units Motion approving the lease purchase of two (2) ambulances from Knapp, Chevrolet, of Houston, Texas based on the cooperative purchasing agreement with the Houston - Galveston Area Council of Governments (H -GAC), in the amount of $270,000. The ambulances will be used by the EMS Division of the Fire Department. These units are a replacement to the fleet. Funds for the lease purchase of the ambulances will be provided through the City's lease /financing program. The foregoing motion was passed and approved with the following vote: Aye: 9- Council Member Allen, Council Member Leal, Council Member Loeb, Mayor Martinez, Council Member Scott, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Garza Abstained: 0 Enactment No: M2012 -204 8. Lease purchase of curbside refuse containers for the Solid Waste automated collection program Motion approving the lease purchase of 6,500 96- gallon curbside refuse containers from Toter Incorporated, Statesville, NC for the total amount of $307,420. The award is based on the cooperative purchasing agreement with the Houston - Galveston Area Council of Governments (H -GAC). The containers will be used in the City's automated collection program. Funds for the lease purchase of the curbside collection containers will be provided through the City's lease /purchase financing program. The foregoing motion was passed and approved with the following vote: Aye: 9- Council Member Allen, Council Member Leal, Council Member Loeb, Mayor Martinez, Council Member Scott, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Garza Abstained: 0 Enactment No: M2012 -205 9. Supply Agreement for testing reagent that tests water for bacteria Motion approving a supply agreement with IDEXX Distribution, Inc., Corpus Christi Page 3 Printed on 11912013 City Council Meeting Minutes - Final December 18, 2012 Westbrook, Maine for the laboratory testing reagent "Colilert" based on only bid, in accordance with Bid Invitation No. BI- 0174 -12, for an estimated annual expenditure of $94,140.00, of which $62,760.00 is required for the remainder of FY 2012 -2013. The term of the agreement shall be for twelve (12) months with options to extend for up to two (2) additional twelve -month periods, subject to the approval of the supplier and the City Manager or designee. Funds have been budgeted by the Health Department and Water Department in FY 2012-2013. The foregoing motion was passed and approved with the following vote: Aye: 9- Council Member Allen, Council Member Leal, Council Member Loeb, Mayor Martinez, Council Member Scott, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Garza Abstained: 0 Enactment No: M2012 -206 10. Amendment to professional services contract for design work solutions to air emissions testing for flare permitting requirements at wastewater treatment plant Motion authorizing the City Manager, or designee, to execute Amendment No. 1 to the Contract for Professional Services with Naismith Engineering, Inc. of Corpus Christi, Texas in the amount of $11,250.00, for a total restated fee not to exceed $57,700.00, for the Greenwood Wastewater Treatment Plant Flare Permitting. The foregoing motion was passed and approved with the following vote: Aye: 9- Council Member Allen, Council Member Leal, Council Member Loeb, Mayor Martinez, Council Member Scott, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Garza Abstained: 0 Enactment No: M2012 -207 11. Professional services contract to update licensing for records imaging and management to a city -wide solution Motion authorizing the City Manager, or designee, to execute a contract with MCCI of Tallahassee, Florida for an expenditure of $99,817.92 to update existing Laserfiche licenses to an enterprise solution with the option to extend for up to three 1 -year terms for annual maintenance in the amount of $40,737.74. The foregoing motion was passed and approved with the following vote: Aye: 9- Council Member Allen, Council Member Leal, Council Member Loeb, Mayor Martinez, Council Member Scott, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Garza Corpus Christi Page 4 Printed on 11912013 City Council Meeting Minutes - Final December 18, 2012 Abstained: 0 Enactment No: M2012 -208 12. Certification agreement with State for local historic preservation efforts Motion approving execution by the Mayor of a Certification Agreement with the Texas Historical Commission for City participation in the Certified Local Government Program regarding local historic preservation. The foregoing motion was passed and approved with the following vote: Aye: 9- Council Member Allen, Council Member Leal, Council Member Loeb, Mayor Martinez, Council Member Scott, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Garza Abstained: 0 Enactment No: M2012 -209 13. Resolution of support for the Schanen Hike and Bike trail project allowing a request for State funding Resolution to certify local funding and support of the Schanen Hike and Bike Trail from Yorktown Blvd to Saratoga Blvd project to the statewide Transportation Enhancement Program for funding competition in the Texas Department of Transportation 2012 program call for projects. The foregoing resolution was passed and approved with the following vote: Aye: 9- Council Member Allen, Council Member Leal, Council Member Loeb, Mayor Martinez, Council Member Scott, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Garza Abstained: 0 Enactment No: 029697 14. Second Reading Ordinance - Amending the Unified Development Code for new zoning districts for use under airport flight zones, refineries or other potential hazards to adjacent uses (1st Reading 12/11/12) Ordinance amending the Unified Development Code ( "UDC') by establishing new section 4.8 "Compatible Districts" in Article 4 "Base Zoning Districts" and revising related provisions of the UDC to include the "Table of Contents" and subsections 1. 11.2 "Abbreviations," 1. 11.3 "Defined Terms," 7.4.3 "Allowed Outside Display, Sales and Storage," 7.5.3.A "Single Tenant Freestanding Sign," 7.5.3.0 "Multi- Tenant (3 or more Tenants) Freestanding Sign," and 7.9.5 "Zoning District Buffer Yard -New Development;" amending the Comprehensive Plan to Corpus Christi Page 5 Printed on 11912013 City Council Meeting Minutes - Final December 18, 2012 account for any deviations; and providing for a repealer clause, severance, penalties, publication, and an effective date. The foregoing ordinance was passed and approved on second reading with the following vote: Aye: 9- Council Member Allen, Council Member Leal, Council Member Loeb, Mayor Martinez, Council Member Scott, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Garza Abstained: 0 Enactment No: 029698 15. Second Reading Ordinance - City reimbursement for costs incurred prior to receipt of bond proceeds for approved projects relating to Bond 2012 (1st Reading 12/11/12) Ordinance relating to establishing the City's intention to reimburse itself for the prior lawful expenditure of funds relating to constructing various City improvements from the proceeds of tax - exempt obligations to be issued by the City for authorized purposes; authorizing other matters incident and related thereto; and providing an effective date. (BOND 2012) The foregoing ordinance was passed and approved on second reading with the following vote: Aye: 9- Council Member Allen, Council Member Leal, Council Member Loeb, Mayor Martinez, Council Member Scott, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Garza Abstained: 0 Enactment No: 029699 16. Second Reading Ordinance - Amending the Capital Improvement Program Budget to add the voter - approved Bond 2012 Projects (1 st Reading 12/11/12) Ordinance amending the FY 2013 Capital Improvement Budget adopted by Ordinance No. 029565 to add the voter - approved Bond 2012 projects as listed in Attachment 1; increasing revenues and expenditures in the amount of $30,674,000. The foregoing ordinance was passed and approved on second reading with the following vote: Aye: 9- Council Member Allen, Council Member Leal, Council Member Loeb, Mayor Martinez, Council Member Scott, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Garza Abstained: 0 Enactment No: 029700 Corpus Christi Page 6 Printed on 11912013 City Council Meeting Minutes - Final December 18, 2012 17. Second Reading Ordinance - Accepting and appropriating State grant for collaborative enforcement efforts with Nueces County Sheriff's office (1st Reading 12/11/12) Authorizing the City Manager or designee to execute all documents necessary to accept a grant in the amount of $245,503 from Nueces County for funding eligible under the FY2011 Department of Homeland Security Grant Program Operation Stonegarden to reimburse fuel, overtime, fringe benefits, and equipment expenditures for the Police Department's collaborative enforcement efforts with Nueces County along routes of ingress and egress to including (but not limited to) U. S, Highway 77 and State HY44; and appropriating the $245,503 in the No. 1061 Police Grants Fund. The foregoing ordinance was passed and approved on second reading with the following vote: Aye: 9- Council Member Allen, Council Member Leal, Council Member Loeb, Mayor Martinez, Council Member Scott, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Garza Abstained: 0 Enactment No: 029701 18. First Reading Ordinance - Accepting and appropriating State grant for Meals on Wheels Program Ordinance authorizing the City Manager or designee to execute all documents necessary to accept a $248,663.25 grant awarded by the Texas Department of Aging and Disability Services and appropriating in No. 1067 Parks and Recreation Grants Fund for the FY 2013 Senior Community Services, Title XX Meals on Wheels Program. The foregoing ordinance was passed and approved on second reading with the following vote: Aye: 9- Council Member Allen, Council Member Leal, Council Member Loeb, Mayor Martinez, Council Member Scott, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Garza Abstained: 0 Enactment No: 029702 19. Second Reading Ordinance - Accepting and appropriating federal grant and authorizing execution of agreements for homeless prevention and rapid re- housing (1st Reading 12/11/12) Ordinance authorizing the City Manager, or designee, to execute all documents necessary to accept and appropriate a grant in the amount of $83,495 from the U.S. Department of Housing and Urban Development in Grant Fund No. 1059 for the 2011 Consolidated Corpus Christi Page 7 Printed on 11912013 City Council Meeting Minutes - Final December 18, 2012 Annual Action Plan's Emergency Solutions Grant Program. The foregoing ordinance was passed and approved on second reading with the following vote: Aye: 9- Council Member Allen, Council Member Leal, Council Member Loeb, Mayor Martinez, Council Member Scott, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Garza Abstained: 0 Enactment No: 029703 20. Second Reading Ordinance - Repealing and amending cable franchise ordinances to comply with State cable franchising statute (1 st Reading 12/11/12) Ordinance repealing Divisions 1 through 15 of Article XVIII Cable Communications Services of Chapter 55 and amending Chapter 2, Division 17, regarding municipal cable franchises; amending Division 16 regarding public access channels rules and procedures; providing for effective date and publication. The foregoing ordinance was passed and approved on second reading with the following vote: Aye: 9- Council Member Allen, Council Member Leal, Council Member Loeb, Mayor Martinez, Council Member Scott, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Garza Abstained: 0 Enactment No: 029704 F. PUBLIC COMMENT. Mayor Martinez referred to Public Comment. Israel Ybarra spoke about construction and street repairs; Allen Thorn spoke about the Sister City program and a recent delegation from Yokosuka, Japan in October, and that another delegation is planned at the end of July; Foster Edwards spoke about the Coastal Bend to DC Trip scheduled for February 4 - 6, and announced "Save the Date" for the Mayor's State of the City on February 7; Dr. Bryan Gulley made comments related to Item No. 30 on today's council agenda; Colin Sykes spoke about the Las Brisas project; and Abel Alonzo spoke in support of Las Brisas. G. EXECUTIVE SESSION: (ITEM 2) Mayor Martinez read Executive Session Item No. 2. The council went into executive session. The council returned from executive session. 2. Executive Session pursuant to Section 551.072 of the Texas Government Code to deliberate the purchase, exchange, lease, or value of real property where deliberation in an open meeting would have a detrimental effect on the position of the City of Corpus Christi in Corpus Christi Page 8 Printed on 11912013 City Council Meeting Minutes - Final December 18, 2012 negotiations with a third person with possible discussion and action in open session. This executive session item was discussed and no action was taken. PUBLIC HEARINGS (ITEMS 21 - 24) 23. Public Hearing and First Reading Ordinance - A change of zoning from the "IH" Heavy Industrial District to the "CG -2" General Commercial District, on property located at 5445 Greenwood Drive. Case No. 1112 -01 St. John Baptist Church, Corpus Christi, Texas: A change of zoning from the "I H" Heavy Industrial District to the "CG -2" General Commercial District, resulting in a change of future land use from light industrial to commercial. The property to be rezoned is described as the west 225 feet out of Lot 8A, Block 1, Cedar Grove, and to 4.55 acres out of Lot 2, Section 5, Bohemian Colony Lands, located north of Hala Pit Road and west of Greenwood Drive. Planning Commission and Staff Recommendation (November 7, 2012): Approval of the change of zoning from the "IH" Heavy Industrial District to the "CG -2" General Commercial District. Ordinance Ordinance amending the Unified Development Code ( "UDC') upon application by WKMC Architects, acting as agent on behalf of St. John Baptist Church, Corpus Christi, Texas ( "Owner"), by changing the UDC Zoning Map in reference to the west 225 feet out of Lot 8A, Block 1, Cedar Grove, and to 4.55 acres out of Lot 2, Section 5, Bohemian Colony Lands, from the "I H" Heavy Industrial District to the "CG -2" General Commercial District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause, penalties, and publication. Mayor Martinez referred to Item No. 23. Mark Van Vleck, Interim Director of Development Services stated that the purpose to rezone the property is to allow for construction and future development of church facilities. A motion was made by Council Member Scott, seconded by Council Member Magill to open the public hearing. Mr. Robert Connally spoke in support of the rezoning. A motion was made by Council Member Scott, seconded by Council Member Magill to close the public hearing. The foregoing ordinance was passed and approved on first reading with the following vote: Corpus Christi Page 9 Printed on 11912013 City Council Meeting Minutes - Final December 18, 2012 Aye: 9- Council Member Allen, Council Member Leal, Council Member Loeb, Mayor Martinez, Council Member Scott, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Garza Abstained: 0 Enactment No: 029715 24. Public Hearing and First Reading Ordinance - A change of zoning from the "RS -6" Single - Family 6 District to the "CH" Cottage Housing District, on property located at 849 and 847 Erwin Avenue. Case No. 1112 -02 Advanced Housing Alternatives Corporation: A change of zoning from the "RS -6" Single - Family 6 District to the "CH" Cottage Housing District, resulting in a change of future land use from low density residential to medium density residential. The property to be rezoned is described as Oak Park, Block 9, Lots 10, 11, 12, 23, and the north 28 feet of Lot 13, located on Mueller Street between Oak Park Avenue and Erwin Avenue. Planning Commission and Staff Recommendation (November 7, 2012): Approval of the change of zoning from the "RS -6" Single - Family 6 District to the "CH" Cottage Housing District. Ordinance Ordinance amending the Unified Development Code ( "UDC') upon application by Advanced Housing Alternatives Corporation ( "Owner"), by changing the UDC Zoning Map in reference to Lots 10, 11, 12, 23, and the north 28 feet of Lot 13, Block 9, Oak Park Addition, from the "RS -6" Single - Family 6 District to the "CH" Cottage Housing District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause, penalties, and publication. Mayor Martinez referred to Item No. 24. Mark Van Vleck, Interim Director of Development Services stated that the purpose to rezone the property is to allow for construction of a nine -unit cottage housing development. A motion was made by Council Member Garza, seconded by Council Member Scott to open the public hearing. There were no comments. A motion was made by Council Member Scott, seconded by Council Member Magill to close the public hearing. The foregoing ordinance was passed and approved on first reading with the following vote: Aye: 9- Council Member Allen, Council Member Leal, Council Member Loeb, Mayor Martinez, Council Member Scott, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Garza Abstained: 0 Enactment No: 029716 Corpus Christi Page 10 Printed on 11912013 City Council Meeting Minutes - Final December 18, 2012 REGULAR AGENDA (25 - 26) 25. Motion to amend prior to second reading - Ordinance amending City Code to increase fares /fees for taxicabs (Related Items 25 - 26) Motion to amend prior to second reading Section 1 of the Ordinance amending the Code of Ordinance, City of Corpus Christi, Chapter 57, Vehicles for Hire by revising Section 57 -88 to allow vehicles modified with specialized access equipment to service persons with disabilities to operate up to 15 years of age. The foregoing motion was passed and approved with the following vote: Aye: 9- Council Member Allen, Council Member Leal, Council Member Loeb, Mayor Martinez, Council Member Scott, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Garza Abstained: 0 Enactment No: M2012 -210 26. Second Reading Ordinance - Amending City code to increase fares /fees for taxicabs, and modifying enforcement procedures and regulations to meet industry standards (1st Reading 12/11/12) Ordinance amending Chapter 57, Article II "TAXICABS" of the Corpus Christi Code by modifying, clarifying and expanding taxicab inspector's duties, modifying and clarifying enforcement, procedures, and regulations for owners, operators, and drivers of vehicles for hire, repealing section 57 -34 public notice of application, increasing fees for taxicab certificates, permits, and street user fees, and increasing fares for taxicabs; Amending Chapter 57, Article IIIA "LIMOUSINE AND SIGHTSEEING SERVICE" of the Corpus Christi Code by modifying and clarifying enforcement, procedures, and regulations for limousines and sightseeing services and increasing fees for permits and street user fees. The foregoing ordinance was passed and approved on second reading as amended with the following vote: Aye: 9- Council Member Allen, Council Member Leal, Council Member Loeb, Mayor Martinez, Council Member Scott, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Garza Abstained: 0 Enactment No: 029705 FIRST READING ORDINANCES (27 - 34) 27. First Reading Ordinance - Amending city code to clarify areas where Corpus Christi Page 11 Printed on 11912013 City Council Meeting Minutes - Final December 18, 2012 waterfowl hunting is prohibited Ordinance amending section 33 -75 of the Corpus Christi Code by clarifying the area where discharge of firearm is prohibited, clarifying unlawful act, clarifying areas where waterfowl hunting is not allowed within 1,000 feet; providing an effective date; providing for severance; and providing for publication. The foregoing ordinance was passed and approved on first reading with the following vote: Aye: 9- Council Member Allen, Council Member Leal, Council Member Loeb, Mayor Martinez, Council Member Scott, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Garza Abstained: 0 Enactment No: 029707 28. First Reading Ordinance - Amending the City code to provide for immediate ownership of impounded animals under four months old Ordinance amending section 6 -103 (g) of the Corpus Christi Code by providing immediate ownership of impounded animals under four months old to the City; providing an effective date; providing for severance; and providing for publication. The foregoing ordinance was passed and approved on first reading with the following vote: Aye: 9- Council Member Allen, Council Member Leal, Council Member Loeb, Mayor Martinez, Council Member Scott, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Garza Abstained: 0 Enactment No: 029717 29. First Reading Ordinance - Accepting and appropriating a local grant for purchasing surveillance equipment Ordinance authorizing the City Manager or designee to execute all documents necessary to accept a grant from the Target Corporation in the amount of $1,700 for the purchase of equipment to assist the Repeat Offender Program for the Police Department, and appropriating the $1,700 in the General Fund No. 1020; changing the FY 2012 -2013 Operating Budget adopted by Ordinance No. 029577 by increasing revenue and expenditures in the General Fund No. 1020 by $1,700 each. The foregoing ordinance was passed and approved on first reading with the following vote: Corpus Christi Page 12 Printed on 11912013 City Council Meeting Minutes - Final December 18, 2012 Aye: 9- Council Member Allen, Council Member Leal, Council Member Loeb, Mayor Martinez, Council Member Scott, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Garza Abstained: 0 Enactment No: 029718 30. First Reading Ordinance - Adopting the 2009 International Fire Code with local amendments Ordinance adopting the International Fire Code, 2009 Edition, with local amendments, as the Fire Code of the City of Corpus Christi; providing for penalties; providing for severance; and providing for publication. This ordinance was withdrawn from the agenda. 31. First Reading Ordinance - License Agreement for use of Equistar Park located on Haven Drive for youth soccer program Ordinance authorizing the City Manager, or designee, to execute a License Agreement with Nueces County for Great Western Soccer League use of Equistar Park for youth soccer program. The foregoing ordinance was passed and approved on first reading with the following vote: Aye: 9- Council Member Allen, Council Member Leal, Council Member Loeb, Mayor Martinez, Council Member Scott, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Garza Abstained: 0 Enactment No: 029708 32. First Reading Ordinance - Interlocal agreement for recreation and athletic facility improvements at Equistar Park and adjacent property Ordinance authorizing the City Manager, or designee, to execute an Interlocal Agreement with Nueces County for use of Bond 2008 funds for reimbursement up to $300,000 for improvements to Lyondell Park, Equistar Park, and Oxychem Park. The foregoing ordinance was passed and approved on first reading with the following vote: Aye: 9- Council Member Allen, Council Member Leal, Council Member Loeb, Mayor Martinez, Council Member Scott, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Garza Abstained: 0 Enactment No: 029709 Corpus Christi Page 13 Printed on 11912013 City Council Meeting Minutes - Final December 18, 2012 33. First Reading Ordinance - Agreement for use of Equistar Park located on Haven Drive for youth sports program /league Ordinance authorizing the City Manager, or designee, to execute a License Agreement with Nueces County for Nueces County Youth Football League use of Equistar Park for youth football program. The foregoing ordinance was passed and approved on first reading with the following vote: Aye: 9- Council Member Allen, Council Member Leal, Council Member Loeb, Mayor Martinez, Council Member Scott, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Garza Abstained: 0 Enactment No: 029710 34. First Reading Ordinance - Accepting and appropriating Federal grant for after school snacks at selected Latchkey sites Ordinance authorizing the City Manager or designee to execute all documents necessary to accept a grant in the amount of $203,608 from the Texas Department of Agriculture and appropriating grant in the No. 1067 Parks and Recreation Grants Fund for the Latchkey After School Snack Program. The foregoing ordinance was passed and approved on first reading with the following vote: Aye: 9- Council Member Allen, Council Member Leal, Council Member Loeb, Mayor Martinez, Council Member Scott, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Garza Abstained: 0 Enactment No: 029711 35. First Reading Ordinance - Authorizing re -sale of properties for failure to pay ad valorem taxes Ordinance authorizing the resale of fifteen (15) properties for $56,211.00 which were foreclosed upon for failure to pay ad valorem taxes, of which the City shall receive $6,378.91 plus $9,524.51 for partial payment of City paving and demolition liens. The foregoing ordinance was passed and approved on first reading with the following vote: Aye: 9- Council Member Allen, Council Member Leal, Council Member Loeb, Mayor Martinez, Council Member Scott, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Garza Abstained: 0 Enactment No: 029712 Corpus Christi Page 14 Printed on 11912013 City Council Meeting Minutes - Final December 18, 2012 O. FUTURE AGENDA ITEMS: (ITEMS 36 - 44) Mayor Martinez referred to the Future Agenda, Item Nos. 36 through 44. Mayor Martinez stated that these items are for informational purposes only and that no action or public comment would be taken. City Manager Olson stated that staff would make a presentation on Item Nos. 36 and 37. 36. Resolution establishing a policy for Street User Fee Resolution approving design concepts for a street user fee; and establishing policy relative to a street user fee. This Resolution was recommended by Staff to the Regular Agenda. 37. Ordinance establishing a street user fee to be implemented by policies, rates, and methodologies established by separate ordinance. This Ordinance was recommended by Staff to the Regular Agenda. 38. Resolution requesting website link for information on local Navy flight zones to inform public on flight zone locations and naval information regarding said zones Resolution to request that the Nueces County Appraisal District ( "NCAD ") include a link on the NCAD website relating to information on local Navy flight zones referred to as Air Installation Compatible Use Zones. This Resolution was recommended by Staff to the Consent Agenda. Enactment No: 029706 39. Purchase of police package sedans to replace existing units Motion approving the purchase of twelve (12) Police Package Sedans from Griffith Ford, Seguin, Texas for a total amount of $308,522.88, based on lowest responsible bid, in accordance with Bid Invitation No. BI- 0065 -13. Funding is available in the Capital Outlay Budget of the Fleet Maintenance Fund and the Crime Control District Budget. This Motion was recommended by Staff to the Consent Agenda. Enactment No: M2013 -001 40. Lease - Purchase of a track excavator for loading refuse at the transfer station Motion approving the lease- purchase of one (1) track excavator from Waukesha- Pearce Industries, Inc., Corpus Christi, Texas for a total amount of $181,675.34. The award is based on the cooperative purchasing agreement with the Texas Local Government Purchasing Corpus Christi Page 15 Printed on 11912013 City Council Meeting Minutes - Final December 18, 2012 Cooperative (TLGPC). Funding is available from the City's lease- purchase financing contractor. This Motion was recommended by Staff to the Consent Agenda. Enactment No: M2013 -002 41. Lease - Purchase of a rescue pumper replacement unit for fighting fires Motion approving the lease purchase of one (1) rescue pumper from Siddons - Martin Emergency Group, of Denton, Texas based on the cooperative purchasing agreement with the Houston - Galveston Area Council of Governments (H -GAC), in the amount of $425,000. The rescue pumper will be used by the Fire Department. Funds for the lease purchase of the rescue pumper will be provided through the City' s lease /financing program. This Motion was recommended by Staff to the Consent Agenda. Enactment No: M2013 -003 42. Supply agreement for sodium bisulfite solution for dechlorination at the wastewater treatment plants Motion approving a supply agreement with Univar USA, Corpus Christi, Texas for approximately 868,000 pounds of sodium bisulfite solution for use at the Wastewater Treatment Plants in accordance with Bid Invitation No. BI- 0044 -13, based on lowest local bid for an estimated twelve month expenditure of $291,648 of which $170,128 is required for the remainder of FY 2012- 2013.The term of the supply agreement will be for twelve months with an option to extend for up to two additional twelve -month periods subject to the approval of the supplier and the City Manager or designee. Funds are available in the Wastewater Operations Budget in FY2012 -2013. This Motion was recommended by Staff to the Consent Agenda. Enactment No: M2013 -004 43. Lease - Purchase of a five yard wheel loader to fill transfer trailer at the transfer station Motion approving the lease purchase of one (1) five yard wheel loader from Nueces Power Equipment, of Corpus Christi, Texas based on the cooperative purchasing agreement with the Houston - Galveston Area Council of Governments (H -GAC), in the amount of $239,427.14. The five yard wheel loader will be used by the Solid Waste Department. This unit is an addition to the fleet. Funds for the lease purchase of the wheel loader will be provided through the City's lease /financing program. This Motion was recommended by Staff to the Consent Agenda. Corpus Christi Page 16 Printed on 11912013 City Council Meeting Minutes - Final December 18, 2012 Enactment No: M2013 -005 44. Professional services contract for monitoring and data collection of salinity and freshwater inflow to Nueces Bay and River Motion authorizing the City Manager, or designee, to execute Contract for Monitoring Services with Conrad Blucher Institute at Texas A & M University - Corpus Christi in an amount not to exceed $93,062 for Salinity and Freshwater Inflow Monitoring 2012 -2013 associated with the Rincon Bayou Diversion Project. This Motion was recommended by Staff to the Consent Agenda. Enactment No: M2013 -006 P. BRIEFINGS TO CITY COUNCIL: (ITEMS 45 - 46)) 45. Citywide Effluent Re -Use Master Plan This Presentation was postponed to January. 46. Municipal Management Districts Mayor Pro Tern Loeb referred to Item No. 46, Briefing on King's Crossing Municipal Management District. Mr. Oscar Martinez, Assistant City Manager provided a brief presentation and stated that municipal management districts are special districts and are self - governed, but must be approved by the municipality. He further discussed the purpose for reconstructing the King's Crossing Golf Course; cost to the property owners; other considerations available to the home owners; and the role of the city of Corpus Christi. Mr. Martinez stated that the next steps would be to develop a business plan and project development agreement between the district residents and the city; creation of a financial pro forma, modeling of cost to home owners, draft legislation and consideration of approval of supporting Resolution by the city council. Q. CITY MANAGER'S COMMENTS: * Update on City Operations There were no City Manager comments. R. ADJOURNMENT There being no further business to come before the Council, Mayor Martinez declared the meeting adjourned at 4:55 pm. Corpus Christi Page 17 Printed on 11912013 a, 7 Corpus Christi Meeting Minutes - Final City Council 1201 Leopard Street Corpus Christi, TX 78401 cctexas.com Tuesday, January 8, 2013 11:30 AM Council Chambers A. CALL MEETING TO ORDER. B. INVOCATION. Mayor Martinez called the meeting to order. The invocation was delivered by Reverend Bruce Wilson, Church of Reconciliation. C. PLEDGE OF ALLEGIANCE. D. ROLL CALL. The Pledge of Allegiance was led by Fire Chief Robert Rocha. City Secretary Armando Chapa verified that the necessary quorum of the Council and the following necessary Charter Officers, City Manager Ron Olson, City Attorney Carlos Valdez and City Secretary Armando Chapa were present to conduct the meeting. Note: Council Member Lillian Riojas arrived at 1:10 pm. Present: 9 - Council Member Kelley Allen,Council Member Priscilla Leal,Council Member David Loeb,Mayor Nelda Marti nez,Council Member Mark Scott,Council Member Chad Magill,Council Member Colleen Mclntyre,Council Member Lillian Riojas, and Council Member Rudy Garza E. Proclamations / Commendations 1 Certificate of Commendation Presented to Mr. Eddie Chambliss - Most Valuable Citizen Mayor Martinez read and presented the Proclamation. Mayor Martinez deviated from the agenda and referred to Board and Committee Appointments, Consent Agenda, and Public Hearings. I. BOARDS & COMMITTEE APPOINTMENTS: 3 Oil and Gas Advisory Committee Planning Commission Corpus Christi Page 1 Printed on 111012013 City Council Meeting Minutes - Final January 8, 2013 Retired and Senior Volunteer Program Advisory Committee The following reappointments /new appointments were made to the City's boards, commissions and committees: Oil & Gas Advisory Committee: Reappointed - Patrick McCullough (Oil Industry), Gerald Rogen (General Public) Planning Commission: New Appointment - Curtis Rock Retired and Senior Volunteer Program Advisory Committee: Sylvia Portales (RSVP Volunteer) and Stephen Isenhour (At Large) Enactment No: None H. MINUTES: (NONE) K. CONSENT AGENDA: (ITEMS 4 - 22) Mayor Martinez called for consideration of the Consent Agenda, Item Nos. 4 through 22. Mayor Martinez asked for council and public comment and the following items were pulled and voted on separately: 6, 9, 12, 13, 14, and 20. 4 Resolution requesting website link for information on local Navy flight zones to inform public on flight zone locations and naval information regarding said zones Resolution to request that the Nueces County Appraisal District ( "NCAD ") include a link on the NCAD website relating to information on local Navy flight zones referred to as Air Installation Compatible Use Zones. The foregoing resolution was passed and approved with the following vote: Aye: 8- Council Member Allen, Council Member Leal, Council Member Loeb, Mayor Martinez, Council Member Scott, Council Member Magill, Council Member McIntyre and Council Member Garza Absent: 1 - Council Member Riojas Abstained: 0 Enactment No: 029706 5 Purchase of police package sedans to replace existing units Motion approving the purchase of twelve (12) Police Package Sedans from Griffith Ford, Seguin, Texas for a total amount of $308,522.88, based on lowest responsible bid, in accordance with Bid Invitation No. BI- 0065 -13. Funding is available in the Capital Outlay Budget of the Fleet Maintenance Fund and the Crime Control District Budget. The foregoing motion was passed and approved with the following vote: Aye: 8- Council Member Allen, Council Member Leal, Council Member Loeb, Mayor Martinez, Council Member Scott, Council Member Magill, Council Member McIntyre and Council Member Garza Corpus Christi Page 2 Printed on 111012013 City Council Meeting Minutes - Final January 8, 2013 Absent: 1 - Council Member Riojas Abstained: 0 Enactment No: M2013 -001 6 Lease - Purchase of a track excavator for loading refuse at the transfer station Motion approving the lease- purchase of one (1) track excavator from Waukesha- Pearce Industries, Inc., Corpus Christi, Texas for a total amount of $181,675.34. The award is based on the cooperative purchasing agreement with the Texas Local Government Purchasing Cooperative (TLGPC). Funding is available from the City's lease- purchase financing contractor. The foregoing motion was passed and approved with the following vote: Aye: 8- Council Member Allen, Council Member Leal, Council Member Loeb, Mayor Martinez, Council Member Scott, Council Member Magill, Council Member McIntyre and Council Member Garza Absent: 1 - Council Member Riojas Abstained: 0 Enactment No: M2013 -002 7 Lease - Purchase of a rescue pumper replacement unit for fighting fires Motion approving the lease purchase of one (1) rescue pumper from Siddons - Martin Emergency Group, of Denton, Texas based on the cooperative purchasing agreement with the Houston - Galveston Area Council of Governments (H -GAC), in the amount of $425,000. The rescue pumper will be used by the Fire Department. Funds for the lease purchase of the rescue pumper will be provided through the City' s lease /financing program. The foregoing motion was passed and approved with the following vote: Aye: 8- Council Member Allen, Council Member Leal, Council Member Loeb, Mayor Martinez, Council Member Scott, Council Member Magill, Council Member McIntyre and Council Member Garza Absent: 1 - Council Member Riojas Abstained: 0 Enactment No: M2013 -003 8 Supply agreement for sodium bisulfite solution for dechlorination at the wastewater treatment plants Motion approving a supply agreement with Univar USA, Corpus Christi, Corpus Christi Page 3 Printed on 111012013 City Council Meeting Minutes - Final January 8, 2013 Texas for approximately 868,000 pounds of sodium bisulfite solution for use at the Wastewater Treatment Plants in accordance with Bid Invitation No. BI- 0044 -13, based on lowest local bid for an estimated twelve month expenditure of $291,648 of which $170,128 is required for the remainder of FY 2012- 2013.The term of the supply agreement will be for twelve months with an option to extend for up to two additional twelve -month periods subject to the approval of the supplier and the City Manager or designee. Funds are available in the Wastewater Operations Budget in FY2012 -2013. The foregoing motion was passed and approved with the following vote: Aye: 8- Council Member Allen, Council Member Leal, Council Member Loeb, Mayor Martinez, Council Member Scott, Council Member Magill, Council Member McIntyre and Council Member Garza Absent: 1 - Council Member Riojas Abstained: 0 Enactment No: M2013 -004 9 Lease - Purchase of a five yard wheel loader to fill transfer trailer at the transfer station Motion approving the lease purchase of one (1) five yard wheel loader from Nueces Power Equipment, of Corpus Christi, Texas based on the cooperative purchasing agreement with the Houston - Galveston Area Council of Governments (H -GAC), in the amount of $239,427.14. The five yard wheel loader will be used by the Solid Waste Department. This unit is an addition to the fleet. Funds for the lease purchase of the wheel loader will be provided through the City's lease /financing program. The foregoing motion was passed and approved with the following vote: Aye: 8- Council Member Allen, Council Member Leal, Council Member Loeb, Mayor Martinez, Council Member Scott, Council Member Magill, Council Member McIntyre and Council Member Garza Absent: 1 - Council Member Riojas Abstained: 0 Enactment No: M2013 -005 10 Professional services contract for monitoring and data collection of salinity and freshwater inflow to Nueces Bay and River Motion authorizing the City Manager, or designee, to execute Contract for Monitoring Services with Conrad Blucher Institute at Texas A & M University - Corpus Christi in an amount not to exceed $93,062 for Salinity and Freshwater Inflow Monitoring 2012 -2013 associated with Corpus Christi Page 4 Printed on 111012013 City Council Meeting Minutes - Final January 8, 2013 the Rincon Bayou Diversion Project. The foregoing motion was passed and approved with the following vote: Aye: 8- Council Member Allen, Council Member Leal, Council Member Loeb, Mayor Martinez, Council Member Scott, Council Member Magill, Council Member McIntyre and Council Member Garza Absent: 1 - Council Member Riojas Abstained: 0 Enactment No: M2013 -006 11 First Reading Ordinance - Amending city code to clarify areas where waterfowl hunting is prohibited Ordinance amending section 33 -75 of the Corpus Christi Code by clarifying the area where discharge of firearm is prohibited, clarifying unlawful act, clarifying areas where waterfowl hunting is not allowed within 1,000 feet; providing an effective date; providing for severance; and providing for publication. The foregoing ordinance was passed and approved on second reading with the following vote: Aye: 8- Council Member Allen, Council Member Leal, Council Member Loeb, Mayor Martinez, Council Member Scott, Council Member Magill, Council Member McIntyre and Council Member Garza Absent: 1 - Council Member Riojas Abstained: 0 Enactment No: 029707 12 First Reading Ordinance - License Agreement for use of Equistar Park located on Haven Drive for youth soccer program Ordinance authorizing the City Manager, or designee, to execute a License Agreement with Nueces County for Great Western Soccer League use of Equistar Park for youth soccer program. The foregoing ordinance was passed and approved on second reading with the following vote: Aye: 8- Council Member Allen, Council Member Leal, Council Member Loeb, Mayor Martinez, Council Member Scott, Council Member Magill, Council Member McIntyre and Council Member Garza Absent: 1 - Council Member Riojas Abstained: 0 Enactment No: 029708 13 First Reading Ordinance - Interlocal agreement for recreation and Corpus Christi Page 5 Printed on 111012013 City Council Meeting Minutes - Final January 8, 2013 athletic facility improvements at Equistar Park and adjacent property Ordinance authorizing the City Manager, or designee, to execute an Interlocal Agreement with Nueces County for use of Bond 2008 funds for reimbursement up to $300,000 for improvements to Lyondell Park, Equistar Park, and Oxychem Park. The foregoing ordinance was passed and approved on second reading with the following vote: Aye: 8- Council Member Allen, Council Member Leal, Council Member Loeb, Mayor Martinez, Council Member Scott, Council Member Magill, Council Member McIntyre and Council Member Garza Absent: 1 - Council Member Riojas Abstained: 0 Enactment No: 029709 14 First Reading Ordinance - Agreement for use of Equistar Park located on Haven Drive for youth sports program /league Ordinance authorizing the City Manager, or designee, to execute a License Agreement with Nueces County for Nueces County Youth Football League use of Equistar Park for youth football program. The foregoing ordinance was passed and approved on second reading with the following vote: Aye: 8- Council Member Allen, Council Member Leal, Council Member Loeb, Mayor Martinez, Council Member Scott, Council Member Magill, Council Member McIntyre and Council Member Garza Absent: 1 - Council Member Riojas Abstained: 0 Enactment No: 029710 15 First Reading Ordinance - Accepting and appropriating Federal grant for after school snacks at selected Latchkey sites Ordinance authorizing the City Manager or designee to execute all documents necessary to accept a grant in the amount of $203,608 from the Texas Department of Agriculture and appropriating grant in the No. 1067 Parks and Recreation Grants Fund for the Latchkey After School Snack Program. The foregoing ordinance was passed and approved on second reading with the following vote: Aye: 8- Council Member Allen, Council Member Leal, Council Member Loeb, Mayor Martinez, Council Member Scott, Council Member Magill, Council Member McIntyre and Council Member Garza Corpus Christi Page 6 Printed on 111012013 City Council Meeting Minutes - Final January 8, 2013 Absent: 1 - Council Member Riojas Abstained: 0 Enactment No: 029711 16 First Reading Ordinance - Authorizing re -sale of properties for failure to pay ad valorem taxes Ordinance authorizing the resale of fifteen (15) properties for $56,211.00 which were foreclosed upon for failure to pay ad valorem taxes, of which the City shall receive $6,378.91 plus $9,524.51 for partial payment of City paving and demolition liens. The foregoing ordinance was passed and approved on second reading with the following vote: Aye: 8- Council Member Allen, Council Member Leal, Council Member Loeb, Mayor Martinez, Council Member Scott, Council Member Magill, Council Member McIntyre and Council Member Garza Absent: 1 - Council Member Riojas Abstained: 0 Enactment No: 029712 17 Second Reading Ordinance - Amending the City's Future Land Use Plan and the Comprehensive Plan to create compatible land uses near Cabaniss Field (1st Reading 12/18/12) Ordinance amending the Comprehensive Plan of the City of Corpus Christi by amending the Corpus Christi Future Land Use Plan (adopted by Ordinance 026278 and thereafter amended by Ordinance 028504) by revising the future land use maps surrounding Cabaniss Field; providing for repeal of conflicting ordinances; providing for severance; and providing for publication. The foregoing ordinance was passed and approved on second reading with the following vote: Aye: 8- Council Member Allen, Council Member Leal, Council Member Loeb, Mayor Martinez, Council Member Scott, Council Member Magill, Council Member McIntyre and Council Member Garza Absent: 1 - Council Member Riojas Abstained: 0 Enactment No: 029713 18 Second Reading Ordinance Reading Ordinance - A change of zoning from the "CG -2" General Commercial District to the "CBD" Downtown Business District, on property located at 2002 Ayers Street. (1 st Reading 12/18/12) Corpus Christi Page 7 Printed on 111012013 City Council Meeting Minutes - Final January 8, 2013 Case No. 1012 -05 Everett Skipper: A change of zoning from the "CG -2" General Commercial District to the "CBD" Downtown Business District, not resulting in a change of future land use. The property to be rezoned is described as Block 1504, Port Aransas Cliffs, located between Ayers Street and Cole Street and between 17th Street and 18th Street. Staff Recommendation: Approval of the change of zoning from the "CG -2" General Commercial District to the "CBD" Downtown Commercial District. Planning Commission Recommendation (October 24, 2012) Denial of the requested "CBD" Downtown Commercial District and, in lieu thereof, approval of a Special Permit with the requirement of the development providing a minimum of 122 on -site and off -site parking spaces. Ordinance Ordinance amending the Unified Development Code ( "UDC') upon application by Everett Skipper, acting as agent on behalf of Birdie Realty Investments, LLC, and Gulley Family Investments, Ltd. ( "Owners "), by changing the UDC Zoning Map in reference to Block 1504, Port Aransas Cliffs, from the "CG -2" General Commercial District to the "CBD" Downtown Commercial District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause, penalties, and publication. The foregoing ordinance was passed and approved on second reading with the following vote: Aye: 8- Council Member Allen, Council Member Leal, Council Member Loeb, Mayor Martinez, Council Member Scott, Council Member Magill, Council Member McIntyre and Council Member Garza Absent: 1 - Council Member Riojas Abstained: 0 Enactment No: 029714 19 Public Hearing and First Reading Ordinance - A change of zoning from the "IH" Heavy Industrial District to the "CG -2" General Commercial District, on property located at 5445 Greenwood Drive. Case No. 1112 -01 St. John Baptist Church, Corpus Christi, Texas: A change of zoning from the "I H" Heavy Industrial District to the "CG -2" General Commercial District, resulting in a change of future land use from light industrial to commercial. The property to be rezoned is described as the west 225 feet out of Lot 8A, Block 1, Cedar Grove, Corpus Christi Page 8 Printed on 111012013 City Council Meeting Minutes - Final January 8, 2013 and to 4.55 acres out of Lot 2, Section 5, Bohemian Colony Lands, located north of Hala Pit Road and west of Greenwood Drive. Planning Commission and Staff Recommendation (November 7, 2012): Approval of the change of zoning from the "IH" Heavy Industrial District to the "CG -2" General Commercial District. Ordinance Ordinance amending the Unified Development Code ( "UDC') upon application by WKMC Architects, acting as agent on behalf of St. John Baptist Church, Corpus Christi, Texas ( "Owner"), by changing the UDC Zoning Map in reference to the west 225 feet out of Lot 8A, Block 1, Cedar Grove, and to 4.55 acres out of Lot 2, Section 5, Bohemian Colony Lands, from the "I H" Heavy Industrial District to the "CG -2" General Commercial District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause, penalties, and publication. The foregoing ordinance was passed and approved on second reading with the following vote: Aye: 8- Council Member Allen, Council Member Leal, Council Member Loeb, Mayor Martinez, Council Member Scott, Council Member Magill, Council Member McIntyre and Council Member Garza Absent: 1 - Council Member Riojas Abstained: 0 Enactment No: 029715 20 Public Hearing and First Reading Ordinance - A change of zoning from the "RS -6" Single - Family 6 District to the "CH" Cottage Housing District, on property located at 849 and 847 Erwin Avenue. Case No. 1112 -02 Advanced Housing Alternatives Corporation: A change of zoning from the "RS -6" Single - Family 6 District to the "CH" Cottage Housing District, resulting in a change of future land use from low density residential to medium density residential. The property to be rezoned is described as Oak Park, Block 9, Lots 10, 11, 12, 23, and the north 28 feet of Lot 13, located on Mueller Street between Oak Park Avenue and Erwin Avenue. Planning Commission and Staff Recommendation (November 7, 2012): Approval of the change of zoning from the "RS -6" Single - Family 6 District to the "CH" Cottage Housing District. Corpus Christi Page 9 Printed on 111012013 City Council Meeting Minutes - Final January 8, 2013 Ordinance Ordinance amending the Unified Development Code ( "UDC') upon application by Advanced Housing Alternatives Corporation ( "Owner"), by changing the UDC Zoning Map in reference to Lots 10, 11, 12, 23, and the north 28 feet of Lot 13, Block 9, Oak Park Addition, from the "RS -6" Single - Family 6 District to the "CH" Cottage Housing District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause, penalties, and publication. The foregoing ordinance was passed and approved on second reading with the following vote: Aye: 8- Council Member Allen, Council Member Leal, Council Member Loeb, Mayor Martinez, Council Member Scott, Council Member Magill, Council Member McIntyre and Council Member Garza Absent: 1 - Council Member Riojas Abstained: 0 Enactment No: 029716 21 First Reading Ordinance - Amending the City code to provide for immediate ownership of impounded animals under four months old Ordinance amending section 6 -103 (g) of the Corpus Christi Code by providing immediate ownership of impounded animals under four months old to the City; providing an effective date; providing for severance; and providing for publication. The foregoing ordinance was passed and approved on second reading with the following vote: Aye: 8- Council Member Allen, Council Member Leal, Council Member Loeb, Mayor Martinez, Council Member Scott, Council Member Magill, Council Member McIntyre and Council Member Garza Absent: 1 - Council Member Riojas Abstained: 0 Enactment No: 029717 22 First Reading Ordinance - Accepting and appropriating a local grant for purchasing surveillance equipment Ordinance authorizing the City Manager or designee to execute all documents necessary to accept a grant from the Target Corporation in the amount of $1,700 for the purchase of equipment to assist the Repeat Offender Program for the Police Department, and appropriating the $1,700 in the General Fund No. 1020; changing the FY 2012 -2013 Operating Budget adopted by Ordinance No. 029577 by increasing revenue and expenditures in the General Fund No. 1020 by Corpus Christi Page 10 Printed on 111012013 City Council Meeting Minutes - Final January 8, 2013 $1,700 each. The foregoing ordinance was passed and approved on second reading with the following vote: Aye: 8- Council Member Allen, Council Member Leal, Council Member Loeb, Mayor Martinez, Council Member Scott, Council Member Magill, Council Member McIntyre and Council Member Garza Absent: 1 - Council Member Riojas Abstained: 0 Enactment No: 029718 L. PUBLIC HEARINGS: (ITEMS 23 - 25) 23 Public Hearing and First Reading Ordinance - A Change of zoning from the "RM -AT" Multifamily AT District to the "CR -1" Resort Commercial District, at 221, 217, 213 Kleberg Place Case No. 1112 -03 Guy and Renee Richards (Normadon Properties, Ltd.- Owner): A change of zoning from the "RM -AT" Multifamily AT District to the "CR -1" Resort Commercial District, not resulting in a change of future land use. The property to be rezoned is described as Lots 88, 89, 90, 91, 92, and 93, Blockl, Corpus Christi Beach Hotel, located east of Surfside Boulevard and south of Kleberg Place. Planning Commission and Staff Recommendation (November 7, 2012) Approval of the change of zoning from the "RM -AT" Multifamily AT District to the "CR -1" Resort Commercial District. Ordinance Ordinance amending the Unified Development Code ( "UDC') upon application by Normadon Properties, Ltd. ( "Owner"), by changing the UDC Zoning Map in reference to Lots 88, 89, 90, 91, 92, and 93, Block I, Corpus Christi Beach Hotel, from the "RM -AT" Multifamily AT District to the "CR -1" Resort Commercial District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. Mayor Martinez referred to Item No. 23. Mark Van Vleck, Interim Director of Development Services stated that the purpose of the rezoning is to allow for future development of tourist uses on North Beach. A motion was made by Council Member Loeb, seconded by Council Member Scott to open the public heading. There were no comments. A motion was made by Council Member Scott, seconded by Council Member Leal to close the public hearing. The foregoing ordinance was passed and approved on first reading as follows: Corpus Christi Page 11 Printed on 111012013 City Council Meeting Minutes - Final January 8, 2013 Aye: 8- Council Member Allen, Council Member Leal, Council Member Loeb, Mayor Martinez, Council Member Scott, Council Member Magill, Council Member McIntyre and Council Member Garza Absent: 1 - Council Member Riojas Abstained: 0 24 Public Hearing and First Reading Ordinance - Amending City code to modify authority of technical construction boards and frequency of meetings Ordinance amending the Code of Ordinances, Chapter 14, "Development Services," Article II, "City of Corpus Christi Technical Construction Codes," Division 1, "Scope and Administration of Technical Construction Codes," Section 14 -206 "Technical construction boards" by adding language to modify the authority of each board and revising the frequency of meetings; and providing for severance, penalties, publication, and an effective date. Mayor Martinez referred to Item No. 24. Mark Van Vleck, Interim Director of Development Services stated that this item is amending the Technical Construction Codes to modify the authority of each board and revise the frequency of meetings. A motion was made by Council Member Scott, seconded by Council Member Loeb to open the public hearing. There were no comments. A motion was made by Council Member Leal, secondedby Council Member Scott to close the public hearing. The foregoing ordinance was passed and approved on first readiing as follows: Aye: 8- Council Member Allen, Council Member Leal, Council Member Loeb, Mayor Martinez, Council Member Scott, Council Member Magill, Council Member McIntyre and Council Member Garza Absent: 1 - Council Member Riojas Abstained: 0 25 Public Hearing and First Reading Ordinance - Amending the Unified Development Code to implement the goals of the Parks and Recreation Master Plan Ordinance amending the Unified Development Code ( "UDC') by revising subsections 8.3.6 relating to fee in lieu of land and 8.3.8 relating to park development improvements Mayor Martinez referred to Item No. 25. Mark Van Vleck, Interim Director of Development Services stated that the purpose of this amendment is to update the regulations of Unified Development Code (UDC) to implement goals of the new Corpus Christi Strategic Parks and Recreation Master Plan. A motion was made by Council Member Leal, seconded by Council Member Scott to open the public hearing. There were no comments. A motion was made by Council Member Scott, seconded by Council Member Loeb to close the public hearing. Corpus Christi Page 12 Printed on 111012013 City Council Meeting Minutes - Final January 8, 2013 The foregoing ordinance was passed and approved on first reading with the following vote: Aye: 8- Council Member Allen, Council Member Leal, Council Member Loeb, Mayor Martinez, Council Member Scott, Council Member Magill, Council Member McIntyre and Council Member Garza Absent: 1 - Council Member Riojas Abstained: 0 F. PUBLIC COMMENT. Mayor Martinez referred to Public Comment and the following citizens spoke: Carolyn Moon spoke about Martin Luther King not being a City holiday; John Wilson spoke about the increase in Citicare premium for retired Firefighters; Mary Lou Huffman spoke about various City issues; Howard Ludlow spoke about the street user fee and the fee structure. G. EXECUTIVE SESSION: (ITEM 2) Mayor Martinez read Executive Session Item No. 2. The council went into executive session. The council returned from executive session. 2 Executive Session pursuant to Texas Government code Section 551.071 to consult with attorneys regarding City of Corpus Christi, Texas vs. David McCarthy & Community Showcase Banners LLC, Cause No 2012 DCV 5832 A, in the 28th District Court of Nueces County, with possible discussion and action in open session. This executive session was discussed and no action was taken. M. REGULAR AGENDA: (NONE) N. FIRST READING ORDINANCES: (ITEMS 26 - 33) 26 First Reading Ordinance - Amending the Capital Improvement Budget and transferring funds for professional services contract for design and installation of cover system at landfill Ordinance amending the FY 2012 Capital Improvement Budget adopted by Ordinance No. 029135 transferring budgeted funds in the amount of $250,145 from the Citizens Collection Center Flour Bluff / Padre Island Area Project to the Cefe Valenzuela Landfill Disposal Cells Interim Cover project; and authorizing the City Manager or designee to execute a contract for professional services with CP &Y of Dallas, Texas in the amount of $475,465 for the Cefe Valenzuela Landfill Disposal Cells Interim Cover project The foregoing ordinance was passed and approved on first reading with the following vote: Corpus Christi Page 13 Printed on 111012013 City Council Meeting Minutes - Final January 8, 2013 Aye: 8- Council Member Allen, Council Member Leal, Council Member Loeb, Mayor Martinez, Council Member Scott, Council Member Magill, Council Member McIntyre and Council Member Garza Absent: 1 - Council Member Riojas Abstained: 0 27 First Reading Ordinance - Miscellaneous easement with State for waterline rights across Laguna Madre Ordinance authorizing the City Manager or designee to execute Miscellaneous Easement ME800236 with the State of Texas through its General Land Office, for the renewal of easement rights across the Laguna Madre for a 24 -inch waterline to Padre Island, for a term of ten years, at the total cost of $67,025.90 which includes the ten year land use fee of $66,675.90 and an application fee of $350.00. The foregoing ordinance was passed and approved on first reading with the following vote: Aye: 8- Council Member Allen, Council Member Leal, Council Member Loeb, Mayor Martinez, Council Member Scott, Council Member Magill, Council Member McIntyre and Council Member Garza Absent: 1 - Council Member Riojas Abstained: 0 28 First Reading Ordinance - Amending the Capital Improvement Budget to add funding for the expansion project at Ethel Eyerly Senior Center through Community Development Block Grant (CDBG); Awarding Construction contract for base bid Ordinance amending the FY 2012 Capital Improvement Budget adopted by Ordinance No. 029135 to add an amount of $229,464.74 to the Ethel Eyerly Senior Center Expansion Project from FY 2012 Community Development Block Grant Funds; increasing revenues and expenditures by $229,464.74 each; and authorizing the City Manger or designee to execute a construction contract with Henock Construction, LLC. of San Antonio, Texas in the amount of $255,636.00 for the Ethel Eyerly Senior Center Expansion Project for the Base Bid. The foregoing ordinance was passed and approved on first reading with the following vote: Aye: 8- Council Member Allen, Council Member Leal, Council Member Loeb, Mayor Martinez, Council Member Scott, Council Member Magill, Council Member McIntyre and Council Member Garza Absent: 1 - Council Member Riojas Abstained: 0 Corpus Christi Page 14 Printed on 111012013 City Council Meeting Minutes - Final January 8, 2013 29 First Reading Ordinance - Lease Agreement for Arts and Education Center located at 2021 Agnes Ordinance authorizing the City Manager, or his designee to execute a ten -year Lease Agreement with South Texas Institute for the Arts for the use of an approximately 1.37 acre tract including improvements located near intersection of Agnes Street at 18th Street, to be used to operate the Antonio E. Garcia Arts & Education Center; providing for severance; and providing for publication The foregoing ordinance was passed and approved on first reading with the following vote: Aye: 8- Council Member Allen, Council Member Leal, Council Member Loeb, Mayor Martinez, Council Member Scott, Council Member Magill, Council Member McIntyre and Council Member Garza Absent: 1 - Council Member Riojas Abstained: 0 30 First Reading Ordinance - Accepting and appropriating State grant for overtime driving while intoxicated (DWI) enforcement during specific calendar periods Ordinance authorizing the City Manager or designee to execute all documents necessary to accept a grant from the Texas Department of Transportation (TXDOT) in the amount of $19,977.68 for the 2013 Impaired Driving Mobilization grant within the Police Department, for overtime DWI enforcement, with a City cash match of $8,004.99, for a total project cost of $27,982.67 and appropriating $19,977.68 in the No. 1061 Police Grants Fund. The foregoing ordinance was passed and approved on first reading with the following vote: Aye: 8- Council Member Allen, Council Member Leal, Council Member Loeb, Mayor Martinez, Council Member Scott, Council Member Magill, Council Member McIntyre and Council Member Garza Absent: 1 - Council Member Riojas Abstained: 0 31 First Reading Ordinance - Appropriating estimated program income revenue for operating expenditures for health services Ordinance appropriating $763,000 from the estimated program income revenue in the No. 1066 Health Grants Fund as State fiscal year 2012 -2013 program income to fund laboratory and public health services for the period of September 1, 2012 through August 31, 2013. The foregoing ordinance was passed and approved on first reading with the Corpus Christi Page 15 Printed on 111012013 City Council Meeting Minutes - Final January 8, 2013 following vote: Aye: 8- Council Member Allen, Council Member Leal, Council Member Loeb, Mayor Martinez, Council Member Scott, Council Member Magill, Council Member McIntyre and Council Member Garza Absent: 1 - Council Member Riojas Abstained: 0 32 First Reading Ordinance - Utility easement closure for future development located north of Catalina Place and west of Santa Fe Street Ordinance abandoning and vacating a 5 -foot wide by 20 -foot long utility easement out of Lots 17 and 18, Block 8, Lamar Park Subdivision Section 2; and requiring the owners, Gregory and Nancy Graves, to comply with the specified conditions. The foregoing ordinance was passed and approved on first reading with the following vote: Aye: 8- Council Member Allen, Council Member Leal, Council Member Loeb, Mayor Martinez, Council Member Scott, Council Member Magill, Council Member McIntyre and Council Member Garza Absent: 1 - Council Member Riojas Abstained: 0 33 First Reading Ordinance - Ground lease for development of a facility for State and Federal departments to be located at the airport Authorizing the City Manager or designee to execute a Ground Lease with FDL - CC, LLC to lease land from the City of Corpus Christi at the Corpus Christi International Airport ( "Airport ") for the development of a facility to be occupied initially by the Department of Homeland Security, the United States Coast Guard (USCG), and Customs and Border Protection ( "Project "), to be located on land at the Airport, which Project will be subleased by FDL - CC, LLC to the General Services Administration ( "Government- Tenant "). The foregoing ordinance was passed and approved on first reading with the following vote: Aye: 9- Council Member Allen, Council Member Leal, Council Member Loeb, Mayor Martinez, Council Member Scott, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Garza Abstained: 0 O. FUTURE AGENDA ITEMS: (ITEMS 34 - 42) Mayor Martinez referred to the Future Agenda, Item Nos. 34 through 42. Mayor Martinez stated that these items are for informational purposes only and that Corpus Christi Page 16 Printed on 111012013 City Council Meeting Minutes - Final January 8, 2013 no action or public comment would be taken. City Manager Olson stated that staff would make a presentation on Item Nos. 34 and 35; and council requested a presentation on Item Nos. 36 and 39. 34 Resolution for potential use of eminent domain to acquire property rights for Mary Rhodes Pipeline Phase II Project; authorizing the City Manager or his designee to execute documents necessary for acquiring the property interests Resolution of the City Council of the City of Corpus Christi, Texas (1) determining the public necessity and public use for the acquisition of parcels of land by fee simple title to the surface estate and by waterline easements for a water line pipeline project known as the Mary Rhodes Pipeline Phase 2, which is to be generally located along the route from Bay City, Texas to Lake Texana described as follows: From a point which begins on the west bank of the Colorado River in Matagorda County, Texas just north of the State Highway 35 bridge and runs approximately 41 miles to the City's pump station adjacent to the Palmetto Bend Dam on Lake Texana located in Jackson County, Texas; said pipeline further described as follows: leaving the Colorado River, the alignment will parallel State Highway 35 in a southwesterly direction through Matagorda County for approximately 13 miles until just east of Blessing, Texas, where the alignment will break more westerly to follow the Union Pacific Railroad easement on the north side of Blessing, Texas for approximately 2.5 miles west of Blessing and continuing in a southwesterly direction for approximately 5 miles; the alignment will parallel FM 616 and continue through Matagorda County to the Jackson County line where it will continue parallel to FM 616 in Jackson County through Francitas, Texas for approximately 9 miles until just east of La Ward, Texas where the alignment will turn northwesterly to circumnavigate La Ward for approximately 1.5 miles; the alignment will then parallel SH172 in a northerly direction out of La Ward for approximately 2 miles where it will turn westerly following FM 3131 approximately 8 miles to the west delivery system on the west bank of the Navidad river in Jackson County; (2) authorizing the City Manager or his designee to negotiate and execute all documents necessary to acquire the property interests subject to availability of funds appropriated for such purposes; (3) authorizing the City Manager to institute condemnation by eminent domain proceedings to acquire the fee simple and easement interests in the properties; (4) authorizing payment pursuant to an award by Special Commissioners; (5) authorizing acceptance and recording of appropriate legal instruments; and (6) approving condemnation for all units of property to be acquired by condemnation within the water line route described herein by a single record vote of the City Council. This Resolution was recommended by Staff to the Consent Agenda. Corpus Christi Page 17 Printed on 111012013 City Council Meeting Minutes - Final January 8, 2013 35 Resolution of support for the Texas Coalition for Affordable Power's (TCAP) legislative agenda for the 83rd regular session of the Texas Legislature Resolution of the City of Corpus Christi, Texas, endorsing certain legislative action in the regular session of the 83rd Texas Legislature to enhance the competitive electric market and system reliability and to protect the traditional role of cities in the regulatory process This Resolution was recommended by Staff to the Consent Agenda. 36 Construction contract for fire station relocation to Miller High School (BOND 2008) Motion authorizing the City Manager, or designee, to execute a Construction Contract with Sal -Con of Corpus Christi, Texas in the amount of $1,680,500.00 for the Fire Station No. 5 Relocation (Bond 2008) for the Base Bid plus Additive Alternates B, C, D, E, F, G and I. This Motion was recommended by Staff to the Consent Agenda. 37 Resolution to authorize submission of a nomination form for a State grant for landscape improvements on Holly Road between State Highway 286 and Greenwood Drive (BOND 2012) Resolution authorizing the City Manager, or designee, to submit a Nomination Form to the Texas Department of Transportation to apply for a grant under the Transportation Enhancement Program in the amount of $149,443 for Holly Road Landscape Improvements from State Highway (SH) 286 to Greenwood Drive (Bond 2012) Project, with intent to commit funds for a city match of $37,361 for a total construction cost of $186,804. This Resolution was recommended by Staff to the Consent Agenda. 38 Construction Contract for Americans with Disabilities Act (ADA) improvements to selected intersections within the City (CDBG Residential areas)(BOND 2008) Motion authorizing the City Manager, or designee, to execute a construction contract with Ti -Zack Concrete, Inc. of Le Center, Minnesota in the amount of $1,032,416.50 for the Base Bid of ADA Improvements Group 3 (Bond Issue 2008) and Accessible Routes in Community Development Block Grant (CDBG) Residential Areas Phase 1 and Phase 2. This Motion was recommended by Staff to the Consent Agenda. 39 Professional services contract for study and design of the Cefe Valenzuela landfill access road Corpus Christi Page 18 Printed on 111012013 City Council Meeting Minutes - Final January 8, 2013 Motion authorizing the City Manager, or designee, to execute a Contract for Professional Services with Kleinfelder Central, Inc., of Corpus Christi, Texas in the amount of $290,029.00 for the Cefe Valenzuela Landfill - Landfill Pave ment/Roadway Life Cycle Replacement. This Motion was recommended by Staff to the Consent Agenda. 40 Service Agreement for elevator and escalator maintenance for City buildings Motion approving a service agreement with Schindler Elevator Corporation, San Antonio, Texas for elevator and escalator maintenance in accordance with Bid Invitation No. BI- 0249 -12, based on lowest responsible bid, for a total expenditure of $93,084.00 of which $54,299.00 is required for the remainder of FY 2012 -2013. The term of the agreement shall be for one (1) year with four (4) automatic one -year extensions, subject to annual appropriation. Funds have been budgeted by the various using Departments in FY 2012 -2013. This Motion was recommended by Staff to the Consent Agenda. 41 Resolution to submit a State grant application for speed and driving while intoxicated (DWI) enforcement overtime Resolution authorizing the City Manager, or designee, to submit a grant application to the Texas Department of Transportation (TXDOT) in the amount of $96,397.90 for the 2014 Comprehensive Selective Traffic Enforcement Project (STEP) within the Police Department, for overtime Driving While Intoxicated (DWI) and Speed enforcement, with a city match of $48,041.33, for a total project cost of $144,439.23. This Resolution was recommended by Staff to the Consent Agenda. 42 Contract with state for administration of duties and payment of record fees for Vital Records Motion authorizing the City Manager or his designee to execute a contract with the Department of State Health Services for the administration of duties performed by the Vital Statistics Unit of the Health Department and for the payment of record fees in the amount of $1.83 per printed record due to the State. This Motion was recommended by Staff to the Consent Agenda. P. BRIEFINGS TO CITY COUNCIL: (NONE) Q. CITY MANAGER'S COMMENTS: Corpus Christi Page 19 Printed on 111012013 City Council * Update on City Operations Meeting Minutes - Final January 8, 2013 City Manager Olson made the following announcements: 1) Mr. Olson stated that he plans to change the agenda format. He stated that the second council meeting of every month would be a Work Session Meeting. The format for these type of meetings would include briefings with extensive discussion; 2) a City Council Retreat is planned for Saturday, February 9th, 7:30 am to 11:30 am at Holiday Inn, Padre Island; 3) started the process for FY 2014 budget cycle; 4) and announced that the City had received the Safer Grant in the amount of $3.5 million over the next three years. R. ADJOURNMENT There being no further business to come before the Council, Mayor Martinez declared the meeting adjourned at 2:00 pm. Corpus Christi Page 20 Printed on 111012013 0 AGENDA MEMORANDUM Future Item for the City Council Meeting of January 15, 2013 1852 Action Item for the City Council Meeting of January 22, 2013 DATE: January 10, 2013 TO: Ronald L. Olson, City Manager FROM: Tom Tagliabue, Director, Intergovernmental Relations tomtag @cctexas.com 361.826.3850 Resolution declaring the City's support of and consent to the creation of the Padre Isles Municipal Management District. CAPTION: Resolution declaring the City's support of and consent to the creation of the Padre Isles Municipal Management District. PURPOSE- The City Council is being asked to approve a resolution consenting to the creation of the Padre Island Municipal Management District ( PIMMD) through legislation during the 83 d Regular Session of the Texas Legislature. Consent of the City is required for such a district to be created. The proposed PIMMD is being sought by the Padre Isles Property Owners Association ( PIPOA) for the purpose of assisting with the rebuilding of canal bulkheads that may be damaged or destroyed by a storm or natural disaster. Currently the bulkheads are privately - owned structures owned by the PIPOA and are not eligible for disaster assistance. Prior to legislation of this type to be filed, notice must be published not less than 30 days and not more than 90 days before introduction. BACKGROUND AND FINDINGS: Generally, Municipal Management Districts (MMDs), are authorized by state statute (Sec. 375.001 (b), Local Government Code) "...to promote, develop, encourage, and maintain employment, commerce, economic development, and the public welfare in the commercial areas of municipalities and metropolitan areas of this state." MMDs finance facilities, infrastructure and services beyond those already provided by individual property owners or the municipality and may be paid for by self- imposed property taxes, special assessments and impact fees, or by other charges on district property owners. An MMD is created to supplement, not supplant, the municipal services available to the area. The Texas Constitution (Section 59 (d), Article XVI) and state statute (Chapter 313, Government Code), require notice to be given before a local bill create a new governmental entity can be filed. A person who intends to apply for the new MMD must publish notice in a newspaper once not later than the 30th day before the date on which the intended law is introduced in the legislature. In addition, the Texas Constitution further allows local governments to provide written consent or opposition to the creation of the proposed district. The PIPOA was created in 1973 and the City annexed the property in the PIPOA boundary in 1982. The PIPOA consists of approximately 5,200 properties, of which only about 1,200 lots remain vacant and undeveloped. The City has storm water drainage infrastructure that outfall at the PIPOA bulkheads. The City would continue to own and be responsible for maintenance of the storm water infrastructure, but not the bulkheads. Trying to craft language to protect the City's interests while empowering the PIMMD to achieve its goal, City staff worked closely with MayBeth Christensen, Executive Coordinator for the PIPOA and Bill Calderon, of HawesHillCalderon, a consultant for the PIPOA. City staff briefed the Island Strategic Action Committee (ISAC) several times about draft legislative language and related issues. The ISAC voted on January 3, 2013, to support the concept of creating the PIMMD without endorsing specific legislative language. The POA agreed to a number of statutory restrictions or limitations that are reflected in the attached draft legislation. 1. The district's boundaries coincide with the boundaries of the POA (See attached description and map); 2. The district is authorized to receive gifts, grants, and loans; 3. The district board has no authority to levy taxes or assessments; NOTE: Rep. Todd Hunter expressed opposition to tax authority and members of ISAC expressed opposition to board- approved assessments. 4. District residents may petition the board of the district to levy assessments to finance improvement projects, in accordance with provisions in Chapter 375, Local Government Code; 5. Improvement projects are restricted to the reconstruction, preservation, and maintenance of District -owned bulkheads within the boundaries of the District; 6. The POA shall transfer ownership of the bulkheads and related easements to the district making the bulkheads public facilities; 7. The POA and the district shall include a reversion clause in the event of the dissolution of the district; 8. The district shall not duplicate existing City services within its boundaries and should only complement those services. NOTE: Council should be advised that the PIMMD, if created, could compete against the City for disaster assistance funds. 9. The City, under Section 375.207, Local Government Code, retains authority to approve a bond issuance by the district; NOTE: City will likely want to see pro- formas and debt re- payment options for the PIMMD. 10. The district shall under Section 375, Local Government Code, be responsible for any damage to City -owned facilities or infrastructure caused by a district improvement project; 11. The City retains authority by ordinance to dissolve the district; 12. If the district decides to dissolve, it cannot do so unless all of its bond debts are repaid or defeased, 13. If the district defaults on its bond debt, the City is not responsible for the district's assets, liabilities, or obligations, and 14. If the City dissolves the district, the district's bonds, debts, obligations and liabilities and any property and assets, except as specified in the property transfer and reversion agreement, are assumed by the City. There are two existing municipal management districts within the city limits of Corpus Christi. The Corpus Christi Downtown Management District was created in the mid -1990s and remains very active in its mission to improve the quality of life in downtown Corpus Christi. The Padre Island Gateway Municipal Management District was created in 2009 by Senate Bill 2550 by Senator Juan "Chuy" Hinojosa and Representative Kelly Hancock for the proposed Golden Pointe, LLC development to be located on the north side of Park Road 22 (South Padre Island Drive) at Aquarius Drive. The developer is bankrupt and the project is dead. The 83 d Regular Session of the Texas Legislature convenes on January 8, 2013, and adjourns sine die on May 27, 2013. ALTERNATIVES: (1) Support the creation of the proposed municipal management district with limited scope and authority. (2) Oppose the creation of the proposed municipal management district. No bill can be filed without the City's consent. (3) Oppose the creation of the proposed municipal management district by legislation and request that it be created administratively through the Texas Commission on Environmental Quality (TCEQ). (4) Support the creation of the proposed municipal management district with little to no limitations in scope and authority. OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: N/A EMERGENCY / NON - EMERGENCY: This is a non - emergency item. DEPARTMENTAL CLEARANCES: The following departments, divisions or areas reviewed drafts of the proposed Padre Isles Municipal Management District legislation: Finance, Legal, Engineering, Planning, Police, Fire, Intergovernmental Relations, and Regional Economic Development Corporation. FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital ® Not applicable Fiscal Year: 2012- 2013 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s) Comments: None RECOMMENDATION: Staff recommends approval of the resolution and consent for the creation of the Padre Isles Municipal Management District for the limited purpose of assisting with the rebuilding of canal bulkheads that may be damaged or destroyed by a storm or natural disaster and subject to the limitations mentioned above. LIST OF SUPPORTING DOCUMENTS: Council Resolution Draft legislation Description of Padre Isles Property Owners Association territory Maps of Padre Isles Property Owners Association boundaries CITY OF CORPUS CHRISTI, TEXAS, RESOLUTION No. 12 -00830 A RESOLUTION DECLARING THE CITY'S SUPPORT OF AND CONSENT TO THE CREATION OF THE PADRE ISLES MUNICIPAL MANAGEMENT DISTRICT WHEREAS the CITY of CORPUS CHRISTI (the "City ") has received a request from property owners in the PADRE ISLES PROPERTY OWNERS ASSOCIATION (the "POA ") area that the City consent to the creation of a Municipal Management District (the "District ") to; allow the area to take steps to ready itself for future natural disasters by creating an entity that can be used to pursue economic assistance from both the State and Federal governments, as well as Private entities; and, WHEREAS the State of Texas and the United States Federal Emergency Management Agency prefer to fund entities that are considered independent political subdivisions; and, WHEREAS Municipal Management Districts are Independent Political Subdivisions of the State of Texas; and WHEREAS the proposed legislation to be filed in the Legislature of the State of Texas to create the PADRE ISLES MUNICIPAL MANAGEMENT DISTRICT shall be consistent with all applicable laws governing municipal management districts, including Chapter 375 of the Texas Government Code, and the new Chapter of the Special District Local Laws Code; and, WHEREAS the PADRE ISLES MUNICIPAL MANAGEMENT DISTRICT is authorized to supplement and not supplant city services provided within the boundaries of the district; and WHEREAS the City and the POA have agreed to the following conditions and restrictions for the proposed PADRE ISLES MUNICIPAL MANAGEMENT DISTRICT: 1. The district's boundaries coincide with the boundaries of the POA; 2. The district is authorized to receive gifts, grants, and loans; 3. The district board has no authority to levy taxes or assessments; 4. District residents may petition the board of the district to levy assessments to finance improvement projects, in accordance with provisions in Chapter 375, Local Government Code; 5. Improvement projects are restricted to the reconstruction, preservation, and maintenance of District -owned bulkheads within the boundaries of the District; 6. The POA shall transfer ownership of the bulkheads and related easements to the district making the bulkheads public facilities; 7. The POA and the district shall include a reversion clause in the event of the dissolution of the district; 8. The district shall not duplicate existing City services within its boundaries and should only complement those services. 9. The City, under Section 375.207, Local Government Code, retains authority to approve a bond issuance by the district; 10. The district shall under Section 375, Local Government Code, be responsible for any damage to City -owned facilities or infrastructure caused by a district improvement project; 11. The City retains authority by ordinance to dissolve the district; 12. If the district decides to dissolve, it cannot do so unless all of its bond debts are repaid or defeased, 13. If the district defaults on its bond debt, the City is not responsible for the district's assets, liabilities, or obligations, and 14. If the City dissolves the district, the district's bonds, debts, obligations and liabilities and any property and assets, except as specified in the property transfer and reversion agreement, are assumed by the City. THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: Section 1. The City Council hereby declares its support of legislation creating the PADRE ISLES MUNICIPAL MANAGEMENT DISTRICT by the Legislature of the State of Texas, a draft copy of which is attached to this resolution, subject to the limitations, restrictions and conditions listed above. Section 2. The City Council officially finds, determines, recites and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been disclosed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Wel91 PASSED AND ADOPTED this twenty- second (22nd) day of January, APPROVED this twenty- second (22nd) day of January, 2013. Mayor of the CITY OF CORPUS CHRISTI Pursuant to Article XXX, Section XXX, CORPUS CHRISTI City Charter, the effective date of the foregoing resolution is City Secretary The above resolution was passed by the following vote: Nelda Martinez Kelley Allen Rudy Garza Priscilla Leal David Loeb Chad Magill Colleen McIntyre Lillian Riojas Mark Scott relating to the creation of the P'adi providing authority to provide sup bonds. BE IT ENAC SECTION 1. Code, is Sec. . (2) (3) H. B. No. sles Management District; �ntal services, and issue OF THE STATE OF TEXAS: Special District Local Laws xx to read as follows: S MANAGEMENT DISTRICT GENERAL PROVISIONS In this chapter: means the district's board of directors. .eans the City of Corpus Christi. "County" means Nueces County, Texas. Page - 1 - (4) "Director" means a board member. (5) "District" means the Padres Isles Manaqement (6) "Bulkhead property" means all bulkheads within the District currently or previously owned by the Padre Isles Property Owners Association, and including any associated easements. Sec. .002. CREATION AND NATURE OF DISTRICT. The Padres Isles Management District is a special district created under Section 59, Article XVI Texas Constitution." Sec. .003. PURPOSE; LEGISLATIVE FINDINGS. (a) The creation of the district is essential to accomplish the purposes of Sections 52 and 52-a, Article III, and Section 59, Article XVI, Texas Constitution, and other public purposes stated in this chapter. By creating the district and in authorizing the city and other political subdivisions to contract with the district, the legislature has established a program to accomplish the public purposes set out in Section 52 -a, Article III, Texas Constitution. Page -2 - (b) The creation of the district is necessary to promote, develop, encourage, and maintain safety, and the public welfare in the district. (c) The district is created to supplement and not to supplant city services provided in the district. Sec. xxxx.004. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a) The district is created to serve a public use and benefit. (b) All land and other, property included in the district will benefit from the improvement's and services to be provided by the district under powers conferred by Sections 52 and 52 -a, Article III, and Section 59, Article XVI, Texas Constitution, and other powers granted under this chapter. (c) The district will: (1) promote, the health, safety, and general welfare of residents, employers, potential employees, employees, visitors, and consumers in the district, and of the public; (2) seek and provide needed fundinq for the district to Page -3 - preserve, maintain, and enhance the economic health and vitality of the district territory as a residential community and business center; and (3) promote the health, safety',; welfare, and enjoyment of the public by providing for the preservation of bulkheads, and the navigable waters surrounding the Padre Island; (e) The district will not act as the agent or instrumentality of any private interest even though the district will benefit many private interests as well as the public. Sec. xxxx.005. DISTRICT TERRITORY. (a) The district is initially composed of the territory described by Section 2 of the Act enacting this chapter. (b) The boundaries and `field notes contained in Section 2 of the Act enacting this chapter form a closure. A mistake in the field notes or in copying the field notes in the legislative process does not affect the district's: (1) organization, existence, or validity; Page -4 - (2) right to pursue relief funding from any lawful source, including but not limited to the State of Texas, the United States Federal Government or any of its agencies, and from Private entities; (3) legality or operation. Sec. xxxx.006. APPLICABILITY OF MUNICIPAL MANAGEMENT DISTRICTS LAW. Except as otherwise provided by this chapter, Chapter 375, Local Government Code, applies to the district. Sec. xxxx.007. LIBERAL CONSTRUCTION OF CHAPTER. This chapter shall be liberally construed in conformity with the findings and purposes stated in this 'chapter. [Sections xxxx.008- xxxx.050 reserved for expansion] SUBCHAPTER B. BOARD OF DIRECTORS Sec. xxxx..051. GOVERNING BODY; TERMS. The district is governed by a board of five voting directors who serve staggered terms of four years, with three directors' terms expiring as set forth in Sec. xxxx.061 (c). Page -5 - Sec. xxxx.052. QUALIFICATIONS OF DIRE (a) To be qualified to serve as a dir overning body of the city, a person 'must (1) a resident of the district's voter of the district; (2) an owner of property, (3) an owner of stock or TORS APPOINTED BY CITY. ector appointed by the ho is also a reaistered e district; artnership or membershi interest, whether beneficial or otherwise, of a corporate partnership, limited liability company, or other entity owner of a direct or indirect interest in property in the district; an en trustee in a trust, that direct ficial interest in a trust, or a or indirectly owns property in the district; or (5) an agent, employee, or tenant of a person described by Subdivision (2),!(3), or (4). (b) Section 49.052, Water Code, does not apply to the Page -6 - (6) an initial director as set forth Sec. xxxx.053. APPOINTMENT OF DIRECT( of the city shall appoint directors from pe board. Sec. xxxx.054. VACANCY. the board of directors shall a of the unexpired term pro aualifications set forth in Se Section xxxx.061. The governing body ns recommended by the f a vacancy occurs on the board, Dint a director for the remainder Jina that director meets the n. xx Sec. xxxx.055. DIRECTOR'S OATH OR AFFIRMATION. (a) A director shall file the director's oath or affirmation of office with the district, and the district shall retain the oath or affirmation in the district records. (b) A, director shall file a copy of the director's oath or affirmation with the secretary of the city. Sec. xxxx.056. OFFICERS. The board shall elect from among the directors a chair, a vice chair, and a secretary. The offices of chair and secretary may not be held by the same person. Page -7 - Sec. xxxx.057. COMPENSATION; EXPENSES. A director is not entitled to compensation but is entitled to reimbursement for necessary and reasonable expenses incurred in carrying out the duties and responsibilities of the board.+ Sec. xxxx.058. LIABILITY INSURANCE. The district may obtain and pay for comprehensive general liability insurance coverage from a commercial insurance company or other source that protects and insures a director against personal liability and from all claims relating to: (1) actions taken by the director in the director's capacity as a member of the board; (2) actions and activities taken by the district; or (3) the actions of others acting on behalf of the district. Sec. xxxx.059. NO EXECUTIVE COMMITTEE. The board may not create an executive committee to exercise the powers of the board. Sec. xxxx.060. BOARD MEETINGS. The board shall hold meetinas Page -8 - at a place accessible to the public. Sec. xxxx.061. INITIAL DIRECTORS. (a) The initial board consists of: Pos. No. Name of Directo 1 2 3 w (b) The terms of the initial directors expire June 1, 2015. (c) Of the directors who replace an initial director, the terms of directors serving in positions 1, 2, and 3 expire June 1, 2015, and the terms of directors serving in positions 4 and 5 expire June 1, 2017. (d) Section xxx.052 does not apply to this section. (e) This section expires September 1, 2017. [Sections xxxx.062- xxxx.100 reserved for expansion] Page -9 - SUBCHAPTER C. POWERS AND DUTIES Sec. xxxx.101. GENERAL POWERS AND DUTIES. The district has the powers and duties necessary to accomplish the purposes for which the district is created. Sec. xxxx.102. AGREEMENTS; GRANTS. (a) As provided by Chapter 375, Local Government Code, the district may make an agreement with or accept a gift, grant, or loan from any person. (b) The implementation of a project is a governmental function or service for the purposes of Chapter 791, Government Sec. xxxx.103. NO EMINENT DOMAIN POWER. The district may not exercise the power of eminent domain. Sec. xxxx.104. LIABILITY RESULTING FROM DISTRICT ACTION. An action of the district or the board does not create a liability against the city or any other political subdivision. [Sections xxxx.105-xxxx.130 reserved for expansion] SUBCHAPTER C-1. IMPROVEMENT PROJECTS Page -10 - Sec. xxxx.131. IMPROVEMENT PROJECTS AND SERVICES. The district may provide, design, construct, acquire, improve, relocate, operate, maintain, or finance an improvement project or service using revenue available to the district, or contract with a governmental or private entity, to provide, design, construct, acquire, improve, relocate, operate, maintain, or finance an improvement project or service authorized under this chapter and Chapter 375, Local Government Code. Sec. xxxx.132. LOCATION OF IMPROVEMENT PROJECT. An improvement project described by Section xxxx.131 shall be located in the district. Sec. xxxx.133. ADDITIONAL DISTRICT DUTIES REGARDING IMPROVEMENT.. PROJECTS.; The district shall: (1) submit written notice to the city administrator or the administrator's designee of the anticipated date construction of an improvement project will begin; (2) construct the improvement project to comply with a Page -11 - development agreement entered into under Section xxxx.207; (3) comply with applicable city ordinances, resolutions, and regulations when constructing and maintaining an improvement project; (4) allow a representative of the city to inspect an improvement project during construction to assess the project's compliance with applicable city ordinances, resolutions, and regulations; (5) alter an improvement project to comply with applicable city ordinances, resolutions, and regulations if the representative of the city provides the district with written notice that the improvement project does not comply with applicable city ordinances, resolutions, and regulations; and (6) obtain any necessary permits from city, county, state, or federal to construct and maintain an improvement project. Sec. xxxx.134. LICENSE AND CERTIFICATION REQUIREMENTS. The Page -12 - district may not contract with or employ a person to plan or construct an improvement project unless the person is licensed or certified in an area relating to planning or construction, as applicable. Sec. xxxx.135. LIMITATION ON IMPROVEMENTS PROJECTS. The district shall limit improvement projects to the reconstruction, preservation, and maintenance of District owned or publicly owned bulkheads within the boundaries of the district. [Sections xxxx.136- xxxx.1.50 reserved for expansion] SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS Sec. xxxx.151. DISBURSEMENTS AND TRANSFERS OF REVENUE. The board by resolution shall establish the number of directors' signatures and the procedure required for a disbursement or transfer of the district's revenue. Sec. xxxx.152. REVENUE USED FOR IMPROVEMENTS OR SERVICES. The district may acquire, construct, finance, operate, or maintain Page -13 - an improvement project or service authorized under this chapter and Chapter 375, Local Government Code, using any revenue available to the district, including contract payments from any lawful source. [Sections xxxx.153- xxxx.200 reserved for expansion] SUBCHAPTER E. BONDS Sec. xxxx.201. BONDS AND OTHER OBLIGATIONS. (a) The district may issue, by public or private sale, bonds, notes, or other obligations payable wholly or partly from District revenues. (b) In exercising the district's borrowing power, the district may issue a bond or other obligation in the form of a bond, note, certificate of participation or other instrument evidencing a proportionate interest in payments to be made by the district, or other type of obligation. (c) The district bonds may be secured and made payable wholly or partly by a pledge of any part of the revenue the district receives from improvement revenue or from any other source. Sec. xxxx.202. BOND MATURITY. Bonds may mature not more than Page -14 - 30 vears from their date of issue. Sections xxxx.203- xxxx.250 reserved for expansion SUBCHAPTER F. DISSOLUTION Sec. xxxx.251. DISSOLUTION BY CITY ORDINANCE. (a) The cit by ordinance may dissolve the district. (b) The city may not dissolve district's outstanding debt or contract payable from any source available to the or discharged, or the city has affirmativ, the district until the z'al obligations that are District have been repaid �lv assumed the obligation to pay the outstanding debt from city revenue. Sec. xxxx.252.. COLLECTION OF OTHER REVENUE. (a) If the dissolved district has bonds or other obligations outstanding secured by and payable from other revenue, other than ad valorem taxes, the city shall succeed to the rights and obligations of the district regarding enforcement and collection of district revenues. Page -15 - SECTION 2. The Padres Isles Management District initially includes all the territory contained in the following area: Being an xxxx acre tract situated in the City of Corpus Christi, with said tract being more particularly described as follows: (insert a metes and bounds description of the district) SECTION 3. (a) The legal notice of the intention to introduce this Act, setting forth the general substance of this Act, has been published as provided by law, and the notice and a copy of this Act have been furnished to all persons, agencies, officials, or entities to which they are required to be furnished under Section 59, Article XVI, Texas Constitution, and Chapter 313, Gove (b) The governor, one of the required recipients, has submitted the notice and Act to the Texas Commission on Environmental Quality. (c) The Texas Commission on Environmental Quality has filed Page -16 - its recommendations relating to this Act with the governor, lieutenant governor, and speaker of the house of representatives within the required time. (d) The general law relating to consent by political subdivisions to the creation of districts with conservation, reclamation, and road powers and the inclusion of land in those districts has been complied with. (e) All requirements of the constitution and laws of this state and the rules and procedures of the legislature with respect to the notice, introduction, and passage of this Act have been fulfilled and:accom -plished. SECTION 4. This Act takes effect immediately if it receives a vote of two.- thirds of all the members elected to each house, as provided by Section 39 Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2011. Page -17 - President of the Senate I certify that H.B. No. was pa4 2013, by the following vote: Yeas voting; and that the House concurred No. xxxx on (date), by the followin present, not voting. amen NAMES Date ker of the House ed'by the House on (date), 0, Nays 0, 0 present, not a Senate amendments to H.B. vote: Yeas 0, Nays 0, 0 Chief Clerk of the House xxxx was passed by the Senate, with e following vote: Yeas 0, Nays 0. Page -18 - Secretary of the Senate Governor Page -19 - Boundary Description Padre Island (Property Owner Assoc.) Municipal Management District City of Corpus Christi, Nueces County The District is an area of approximately 6.1 square miles centered on S. Padre Island Drive (Park Road 22) and Whitecap Boulevard and being described by the following: Beginning at a point at the north right -of -way (ROW) of S. Padre Island Drive (Park Road 22) and the northwest corner of 9.118 acre parcel (Padre Island Sec 19.118 Acs Out of Blks 1 & 2); Then northeast and north approx. 2,001 ft. along north boundary of said 9.118 acre parcel, and northwest boundary of 22.024 acre parcel (Padre Island Sec 18 22.024 Acs Out of Blk 1) to south bank of Packery Channel; Then east and south southeast approx. 5,528 ft. along the south and west bank of Packery Channel to southeast corner of 0.7846 acre parcel (Padre Island Blk 34 Lot 17); Then west southwest approx. 357 ft. along the south boundary of said 0.7846 acre parcel to west ROW of Playa Del Rey Dr.; Then north northwest approx. 1,015 ft. along west ROW of Playa Del Rey Dr. to south ROW of Verdemar Dr.; Then west approx. 973 ft. along the south ROW of Verdemar Dr. to northeast corner of 0.1722 acre parcel (Padre Island Lt 1B Blk 29); Then south approx. 1,615 ft. along east boundary of said 0.1722 acre parcel, and Lts 213-913 Blk 29 and east boundary of Padre Island Lts 1 -20 Blk 36 to northeast corner of 0.1722 acre parcel (Padre Island Lt 1B Blk 27); Then east approx. 1,140 ft. to northwest corner 9.578 acre parcel (Padre Island 9.578 Acs out of Tracts C &D), and continue east and east northeast along north boundary of said 9.578 acre parcel to northeast corner of said parcel; Then south southeast approx. 563 ft. along east boundary of said 9.578 acre parcel across ROW of Highway 361 to northeast corner of 224.923 acre parcel (Padre Island 224.923 Acs Out of Tracts C &D Padre Island No 1); Then southeast and east southeast approx. 3,906 ft. along the northeast boundary of said 224.923 acre parcel to east corner of said parcel; Then south southwest approx. 1,500 ft. along boundary of said 224.923 acre parcel across Beach Access Rd 3 -A to north boundary of approx. 2.38 acre parcel (El Constante Beachfront Condominiums); Then east southeast approx. 481 ft. along north boundary of said 2.38 acre parcel to northeast corner of said parcel; Then south southwest approx. 4,264 ft. along boardwalk ROW to east corner of 8.1 acre parcel (Lake Padre South Lt Blk 3); Then west northwest approx. 483 ft. along north boundary of said 8.1 acre parcel to east ROW of Leeward Dr.; Then south southwest approx. 1,416 ft. across said 8.1 acre parcel, and ROW of Whitecap Blvd to northeast corner of 5.34 acre parcel (Lake Padre South Lt 4 Blk 2), and continuing along east boundary of said 5.34 acre parcel and the east boundaries of adjacent parcels (Lake Padre South Lot 1 -3 Blk 2) to north ROW of Viento del Mar Drive (Marquesa Dr.); Then west approx. 2,608 ft. along north ROW of Viento del Mar Drive (Marquesa Dr.) to west ROW of S. Padre Island Drive; Then south and south southwest approx. 6,878 ft. along west ROW of S. Padre Island Drive to coincident boundary limits of Nueces and Kleberg County; Then west northwest approx. 4,542 ft. along coincident boundary limits of Nueces and Kleberg County; Padre Island POA MMD Boundary Description, p. 1 of 2 November 27, 2012 Then south southwest approx. 2,022 ft. along coincident boundary limits of Nueces and Kleberg County to southwest corner of undeveloped Cape Summer Unit 2, Section 9; Then north northeast approx. 894 ft. along west boundary of undeveloped Cape Summer Unit 2, Section 9; Then northwest approx. 5,269 ft. along west boundary of undeveloped Cape Summer Units 1 and 2, Section 9 to west corner of said Unit 1 Sect. 9; Then north northeast approx. 3,328 ft. along northwest boundary of said Unit 1 Sect. 9 to north corner of 9.676 acre parcel (Point Tesoro No 5 9.676 acs out of Lt 2 Blk 2); Then east southeast approx. 830 ft. along northeast boundary of 9.676 acre parcel (Point Tesoro No 5 9.676 acs out of Lt 2 Blk 2) to west boundary of Point Tesoro Unit 1; Then north northeast approx. 11,139 ft. along Point Tesoro Section 8, Unit 1 -3, Commodores Cove's Unit 2 and Unit 1 to a point in Galleon Bay and west northwest of north corner of 0.2189 acre parcel (Padre Island Sec 2 Lt 1 Blk 72); Then south southeast approx. 1,547 ft. along north boundary of twenty (20) adjacent parcels (Padre Island Sec 2 Lt 1 -20 Blk 72) to west corner of 0.3170 acre parcel (Padre Island Sec 2 Lt 33 Blk 72); Then northeast approx. 635 ft. along west boundary said 0.3170 acre parcel and three (3) adjacent parcels (Padre Island Sec 2 Lt 34, 35 and 47 Blk 72) and across ROW of S. Padre Island Drive to beginning point; Distances based off of State Plane Coordinate System, Texas South Zone 4205, NAD 83, Units Feet. Padre Island POA MMD Boundary Description, p. 2 of 2 November 27, 2012 0 5001000 2000 Feet I I I I I District Boundary U� p AGENDA MEMORANDUM Public Hearing and First Reading for the City Council Meeting of January 15, 2013 2852 Second Reading /Action Item for the City Council Meeting of January 22, 2013 DATE: December 20, 2012 TO: Ronald L. Olson, City Manager FROM: Mark E. Van Vleck, P.E., Interim Director, Department of Development Services MarkVV@cctexas.com (361) 826 -3246 PUBLIC HEARING — CHANGE OF ZONING Chance and Tarah Durbin (Case No. 1212 -02) Change from "CG -1" General Commercial District to "RS -6" Single - Family 6 District Property Address: 1309 Glenoak Drive CAPTION: Case No. 1212 -02 Chance and Tarah Durbin: A change of zoning from the "CG -1" General Commercial District to the "RS -6" Single - Family 6 District, resulting in a change of future land use from commercial to low density residential. The property is described as Lot 1C, Block 1, Dulak Subdivision, located along the south side of Glenoak Drive and approximately 500 feet east of Flour Bluff Drive. PURPOSE: The purpose of this item is to rezone the property to allow single - family residential uses. RECOMMENDATION: Planning Commission and Staff Recommendation (December 19, 2012): Approval of the change of zoning from the "CG -1" General Commercial District to the "RS -6" Single - Family 6 District. BACKGROUND AND FINDINGS: As detailed in the attached Zoning Report, the applicant is requesting a change of zoning from the "CG -1" General Commercial District to the "RS -6" Single - Family 6 District to allow single - family residential uses. The subject property is bordered by single - family zoning and uses to the east. To the west is a commercial facility, which is zoned "CG -1" General Commercial District. This rezoning would expand the residential district located east of the property. Although inconsistent with the adopted Future Land Use Plan, expanding the single - family district would not adversely affect the surrounding properties. ALTERNATIVES: 1. Approve an intermediate zoning district; or 2. Deny the request. OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: The proposed change of zoning is not consistent with the Comprehensive Plan or the adopted Future Land Use Plan, which slates the property for a commercial use. EMERGENCY /NON- EMERGENCY: Non - Emergency DEPARTMENTAL CLEARANCES: Planning /Environmental Services, Legal, and Planning Commission FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital ❑x Not applicable Fiscal Year: 2012- 2013 Project to Date Expenditures CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: None LIST OF SUPPORTING DOCUMENTS: Aerial Overview Map Zoning Report with Attachments Ordinance with Exhibits ZONING REPORT Case No.: 1212 -02 HTE No. 12- 10000041 Planning Commission Hearing Date: December 19, 2012 — o Applicant /Owner: Chance and Tarah Durbin v a Legal Description /Location: Dulak Subdivision, Block 1, Lot 1C, located 0. _J U along the south side of Glenoak Drive and approximately 500 feet east of 0.06 o Flour Bluff Drive. From: "CG -1" General Commercial District .F To: "RS -6" Single - Family 6 District Area: 1.016 acres N Purpose of Request: To allow construction of a single - family house. Existing Zoning District Existing Land Use Future Land Use Site "CG -1" General Commercial Vacant Commercial •o North "RM -1" Multifamily 1 Low Density Residential Medium Density ? &Vacant Residential N South "CG -1" General Commercial Vacant Commercial � J N East "RS -6" Single - Family 6 Low Density Residential Low Density Residential X w West "CG -1" General Commercial Commercial Commercial Area Development Plan: The subject property is located in the Flour Bluff Area 06 Q r_ Development Plan (ADP) and is planned for commercial uses. The proposed change of zoning to the "RS -6" Single - Family 6 District is not consistent with the adopted a o Future Land Use Plan. Q '> Map No.: 037030 Zoning Violations: None c Transportation and Circulation: The subject property has 154 feet of frontage N o along Glenoak Drive, which is a "Cl" Minor Residential Collector street. The property c has indirect access to Flour Bluff Drive, which is a proposed "Al" Minor Arterial Undivided street, via Glenoak Drive. Urban Proposed Existing Traffic Street Transportation Plan Section Section Volume Type (2011) 0 "Cl" Minor 60' ROW 70' ROW Not LGlenoak Drive Residential Collector 40' paved 22' paved Available co Flour Bluff "A1" Minor Arterial 95' ROW 90' ROW Not Drive Undivided 64' paved 22' paved Available Staff Summary: Requested Zoning: The applicant is requesting a change of zoning from the "CG -1" General Commercial District to the "RS -6" Single - Family 6 District to allow construction of a 2,000 - square foot single - family house. Zoning Report Case #1212 -02 Chance and Tarah Durbin Page 2 Existing Land Uses & Zoning: South of the subject property is vacant land in a "CG -1" General Commercial District. North of the subject property is vacant land and a single - family house in an "RM -1" Multifamily 1 District. East of the subject property is a single - family house in an "RS -6" Single - Family 6 District. West of the subject property is a commercial business in a "CG -1" General Commercial District. AICUZ: The subject property is not located in one of the Navy's Air Installation Compatibility Use Zones (AICUZ). Comprehensive Plan & Area Development Plan (ADP) Consistency: The proposed change of zoning is not consistent with the adopted Future Land Use Plan, which slates the property for a commercial use. A residential use, however, would be an acceptable expansion of the single - family uses and district located east of the property. The Comprehensive Plan and Flour Bluff Area Development Plan both encourage residential development. Department Comments: • This rezoning would expand the residential district located east of the subject property. • Although inconsistent with the adopted Future Land Use Plan, expanding the single - family district would not adversely affect the surrounding properties and it is compatible with the surrounding zoning districts. • The subject property is deed restricted for a single - family house. Planning Commission and Staff Recommendation (December 19, 2012): Approval of the change of zoning from the "CG -1" General Commercial District to the "RS -6" Single - Family 6 District. Number of Notices Mailed — 9 within 200' notification area; 2 outside notification area C 0 As of December 20, 2012: 0 In Favor — 0 (inside notification area); 0 (outside notification area) 0� a o In Opposition — 0 (inside notification area); 0 (outside notification area) Z For 0.00% in opposition. Attachments: 1. Location Map (Existing Zoning & Notice Area) 1 M-1 ALEXANDER TRACT 4 FR 3 7 1 GLENQAK STATES 1� 7 3\ z 1 RE 0 400 CASE: 1212 -02 2. SITE - EXISTING ZONING, Subject Property O Owners with 200' buffer in favor 4 Owners within 200' listed on X Owners attached ownership table /� in opposition SUBJECT PROPERTY THE GR,/_v RRE =I 4 Date Created: 12/5/2012 Prepared By: jeremym f.Develooment Services NV IIW: AKtA & VW1VtKJhI1V RM -1 Multifamily 1 IL Light Industrial RM -2 Multifamily 2 IH Heavy Industrial RM -3 Multifamily 3 PUD Planned Unit Dev. Overlay ON Professional Office RS -10 Single - Family 10 RM -AT Multifamily AT RS -6 Single- Family 6 CN -1 Neighborhood Commercial RS4.5 Single- Family4.5 CN -2 Neighborhood Commercial RS -TF Two - Family CR -1 Resort Commercial RS -15 Single - Family 15 CR -2 Resort Commercial RE Residential Estate CG -1 General Commercial RS -TH Townhouse CG -2 General Commercial Sp Special Permit Cl Intensive Commercial RV Recreational Vehicle Park CBD Downtown Commercial RMH Manufactured Home CR -3 Resort Commercial FR Farm Rural H Historic Overlay BP Business Park Subject Property O Owners with 200' buffer in favor 4 Owners within 200' listed on X Owners attached ownership table /� in opposition SUBJECT PROPERTY THE GR,/_v RRE =I 4 Date Created: 12/5/2012 Prepared By: jeremym f.Develooment Services Ordinance amending the Unified Development Code ( "UDC ") upon application by Chance and Tarah Durbin ( "Owners "), by changing the UDC Zoning Map in reference to Lot 1C, Block 1, Dulak Subdivision, from the "CG -1" General Commercial District to the "RS -6" Single - Family 6 District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. WHEREAS, the Planning Commission has forwarded to the City Council its report and recommendation regarding the application of Chance and Tarah Durbin ( "Owners ") for an amendment to the City of Corpus Christi's Unified Development Code ( "UDC ") and corresponding UDC Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, December 19, 2012, during a meeting of the Planning Commission, and on Tuesday, January 15, 2013, during a meeting of the City Council, during which all interested persons were allowed to appear and be heard; and WHEREAS, the City Council has determined that this amendment would best serve the public health, necessity, convenience and general welfare of the City of Corpus Christi and its citizens. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Upon application made by Chance and Tarah Durbin ( "Owners "), the Unified Development Code ( "UDC ") of the City of Corpus Christi, Texas ( "City "), is amended by changing the zoning on Lot 1 C, Block 1, Dulak Subdivision (the "Property "), located along the south side of Glenoak Drive and approximately 500 feet east of Flour Bluff Drive, from the "CG -1" General Commercial District to the "RS -6" Single - Family 6 District (Zoning Map No. 037030), as shown in Exhibit "A." Exhibit "A," which is a location map pertaining to the Property, is attached to and incorporated in this ordinance by reference as if fully set out herein in its entirety. SECTION 2. The official UDC Zoning Map of the City is amended to reflect changes made to the UDC by Section 1 of this ordinance. SECTION 3. The UDC and corresponding UDC Zoning Map of the City, made effective July 1, 2011, and as amended from time to time, except as changed by this ordinance, both remain in full force and effect. SECTION 4. To the extent this amendment to the UDC represents a deviation from the City's Comprehensive Plan, the Comprehensive Plan is amended to conform to the UDC, as it is amended by this ordinance. SECTION 5. All ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed. SECTION 6. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. The foregoing ordinance was read for the first time and passed to its second reading on this the day of , 20 , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb The foregoing ordinance was read for the second time and passed finally on this the day of , 20 , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb PASSED AND APPROVED this the ATTEST: Armando Chapa City Secretary day of , 20 Nelda Martinez Mayor Page 2 of 2 FR RE 1 M.. ALEXANDER TR.AGT 1A DU AK -1 is 4 3 GLENQAK ESTATES 1 2 0 400 CASE: 1212 -02 1. SUBJECT PROPERTY Subject Property i0:N:i1 :11r_I SUBJECT PROPERTY 4 THE GR,/_D RRE =I 4 Date Created: 12/5/2012 Prepared By: jeremym f.Develooment Services c. AGENDA MEMORANDUM Public Hearing /First Reading Ordinance for the City Council Meeting of January 15, 2013 Second Reading /Action for the City Council Meeting of January 22, 2013 1852 DATE: January 9, 2013 TO: Ronald L. Olson, City Manager FROM: Mark Van Vleck, P. E., Interim Director for Development Services arkVVPcctexas.com 361.826.3246 Public Hearing — Unified Development Code Text Amendment Amend Signs Partially Exempt from Code to Allow Bus Bench Advertising CAPTION: PUBLIC HEARING — UDC TEXT AMENDMENT Ordinance amending the Unified Development Code ( "UDC') by revising subsection 7.5.7.A.7. relating to signs partially exempt from the UDC; providing for severance, penalties, and publication. PIIPPO-RF- This ordinance is presented as an effort to ensure compliance and improve the quality and effectiveness of the UDC. BACKGROUND AND FINDINGS: The UDC was adopted in July 2011. Since that time, staff has worked with the public and stakeholders groups to correct and amend the code as needed to ensure a safe and development friendly community. This item proposes an amendment to Section 7.5.7.A.7., Signs Partially Exempt from Code, specifically signs installed by a transit company, such as the Regional Transportation Authority (RTA), with a franchise or other right to operate in the City of Corpus Christi (City). The City and RTA executed an agreement on November 26, 1985, in which "the Authority and the City agree that the Authority shall be responsible for any and all advertising placed on passenger shelters, benches or bus stop signs located within public right -of -way or easements maintained by the City . . ." Currently, there is advertising on 847 of the 863 bus benches in the City. Under the UDC, however, these signs are considered off - premise and are not allowed. This proposed amendment will provide for the effectiveness of the current agreement between RTA and the City of Corpus Christi. In the agreement between the City and RTA, the City receives one -third of the total advertising revenues that RTA receives. Below is a summary of the revenues received in the past three years. On approval of this amendment, the implementation plan is as follows: RTA will provide the City with: • A map of all existing bus bench locations detailing which benches are used for advertising purposes; • A database with adjacent addresses for all bus benches; • An application for new bus bench locations to include a site plan for staff to verify that benches meet public safety requirements and the standard one -time sign permit fee (currently $108; however, RTA would only be required to pay $54, due to its entity status being exempt from paying ad valorem taxes); • Like other sign permits, no annual fee would be assessed. The City will regulate by: • Verification that existing bus benches meet public safety requirements and issuance of a Certificate of Compliance, which are currently issued at no cost; and • Maintenance of a database to track all bus bench locations with advertising. ALTERNATIVES: Disapproval of proposed text amendment and consideration to revise agreement between RTA and the City of Corpus Christi OTHER CONSIDERATIONS: Revising the agreement between the City and RTA would cause a loss in revenue and possibly increased costs to RTA. CONFORMITY TO CITY POLICY: Amendments to the UDC to ensure compliance improve the quality and effectiveness of the code. EMERGENCY / NON - EMERGENCY: This is a non - emergency item. $20,516 r 1 f. ��� $51,100 includes true u �., RON f1 $31,305 On approval of this amendment, the implementation plan is as follows: RTA will provide the City with: • A map of all existing bus bench locations detailing which benches are used for advertising purposes; • A database with adjacent addresses for all bus benches; • An application for new bus bench locations to include a site plan for staff to verify that benches meet public safety requirements and the standard one -time sign permit fee (currently $108; however, RTA would only be required to pay $54, due to its entity status being exempt from paying ad valorem taxes); • Like other sign permits, no annual fee would be assessed. The City will regulate by: • Verification that existing bus benches meet public safety requirements and issuance of a Certificate of Compliance, which are currently issued at no cost; and • Maintenance of a database to track all bus bench locations with advertising. ALTERNATIVES: Disapproval of proposed text amendment and consideration to revise agreement between RTA and the City of Corpus Christi OTHER CONSIDERATIONS: Revising the agreement between the City and RTA would cause a loss in revenue and possibly increased costs to RTA. CONFORMITY TO CITY POLICY: Amendments to the UDC to ensure compliance improve the quality and effectiveness of the code. EMERGENCY / NON - EMERGENCY: This is a non - emergency item. DEPARTMENTAL CLEARANCES: This proposed amendment has been discussed with Neighborhood Services, Planning /Environmental Services, and the Legal Departments. FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital Q Not applicable Fiscal Year: 2012- 2013 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: RECOMMENDATION: Planning Commission and Staff's Recommendation: Approval of the proposed UDC text amendment as presented. An excerpt of the minutes from the Planning Commission meeting for this issue is attached. Staff's interpretation of how this change would be implemented is included in the background. LIST OF SUPPORTING DOCUMENTS: Ordinance Excerpt from October 10, 2012, Planning Commission Minutes Ordinance amending the Unified Development Code ( "UDC ") by revising subsection 7.5.7.A.7. relating to signs partially exempt from the UDC; providing for severance, penalties, and publication. WHEREAS, the Planning Commission has forwarded to the City Council its reports and recommendations regarding this amendment of the Unified Development Code ( "UDC "); WHEREAS, with proper notice to the public, public hearings were held on Wednesday, September 26, 2012, during a meeting of the Planning Commission, and on Tuesday, January 15, 2013, during a meeting of the City Council, during which all interested persons were allowed to appear and be heard; and WHEREAS, the City Council has determined that this amendment to the UDC would best serve the public's health, necessity, and convenience and the general welfare of the City and its citizens. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Article 7, Section 7.5, subsection 7.5.7.A.7. of the Unified Development Code ( "UDC "), entitled "Signs Partially Exempt from Code," is amended by revising the text to read as follows: "Article 7. General Development Standards. "7.5 Signs "7.5.7. Signs Partially Exempt from Code "A * * * * * * * * "7. Signs installed by a transit company with a franchise or other right to operate in the City, where such signs are installed along its routes and relate to schedules or other information about the transit route or which contain off - premise advertisina. Off- Dremise sians in this section are subject to permits and fees as established in the annuallv adoated Development Services fees MIMMMM "B * Page 1 of 2 SECTION 2. If, for any reason, any section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance is held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it may not affect any other section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance be given full force and effect for its purpose. SECTION 3. A violation of this ordinance, or requirements implemented under this ordinance, constitutes an offense punishable as provided in Article 1, Section 1.10.1, and Article 10 of the UDC. SECTION 4. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. The foregoing ordinance was read for the first time and passed to its second reading on this the day of , 20137 by the following votes: Nelda Martinez Kelley Allen Rudy Garza Priscilla Leal David Loeb Chad Magill Colleen McIntyre Lillian Riojas Mark Scott The foregoing ordinance was read for the second time and passed finally on this the day of , 20137 by the following votes: Nelda Martinez Kelley Allen Rudy Garza Priscilla Leal David Loeb PASSED AND APPROVED this the ATTEST: Armando Chapa City Secretary Chad Magill Colleen McIntyre Lillian Riojas Mark Scott day of , 2013. Nelda Martinez Mayor Page 2 of 2 "MOTION" CITY OF CORPUS CHRISTI PLANNING COMMISSION MEETING CITY HALL COUNCIL CHAMBERS 1201 LEOPARD STREET OCTOBER 10, 2012 5:30 P.M. IV. PUBLIC HEARING AGENDA ITEMS — Discussion and Possible Action on the Following Items: C. AMENDMENT TO THE UNIFIED DEVELOPMENT CODE (UDC) BY REVISING SUBSECTION 7.5.7A.7 RELATING TO SIGNS PARTIALLY EXEMPT FROM THE UDC Motion to incorporate this change to the UDC and have the following wording at the end of Subsection 7.5.7A.7 that signs will be permitted as required by the UDC and Development Services was made by Commissioner Hamilton. After the motion was on the floor, Ms. Hundley, Assistant City Attorney, asked if it could be clarified that the motion applied to off - premise advertising signs and not to signs relating to RTA transit operation signs and bus routes. Chairman Huerta asked Commissioner Hamilton to amend his motion. Motion to incorporate this change to the UDC and have the following wording at the end of Subsection 7.5.7A.7 that off - premise advertising signs will be permitted as required by the UDC 'and Development Services was made by Commissioner Hamilton and seconded by Commissioner Guerra. Motion passed. AGENDA MEMORANDUM for the City Council Meeting of January 15, 2013 DATE: January 3, 2013 TO: Ronald L. Olson, City Manager FROM: Daniel Biles, P.E., Interim Director of Engineering Services an cctexas.com; 826 -3729 STAFF PRESENTER(S): Name 1. Daniel Biles, P.E. OUTSIDE PRESENTER(S): None BACKGROUND: UPDATE TO CITY COUNCIL Bond 2004 and Bond 2008 Status Title /Position Director Department Engineering Services This presentation provides the current status of the voter - approved November 2004 and November 2008 bond election projects. LIST OF SUPPORTING DOCUMENTS: Powerpoint Presentation O V � O � U � cri U uj I N O 4--J O U U � O � O � 4�-+ U 4�-1 C) O a � 4�-+ M 4� I o � • r' O , N N ++ � � 4--J O •� O •b�10 v • Lr O U Q O �--� r i , cn �p s:1 a) bap N v� .4� --�+ N .4--J CO N N ,� [� (% N .s ra i U 4� O 4--+ V� O O c� c� 4� • aU-+ O U �O a co co O U te a-+ O �O a 00 O U a--+ O U t-2-4 C� c� O rtl� �O a R z .bio �O a u O O �O a R ?�G ^.h C it `o 1 ! AM A rr J ?�G �1 ^.h C it `■ a /�1 C • -j r� r^ vl r�r^ vl h�h� �/ O V/ �1 cn ^J ��J T .O ct U 4 a--+ ^ �' ' � • 4 ,� � 1 — N • �--, Q o a) a)� Ct I O 7� o � cct co ct 4-j O��Q 4—j 1--! Q o j v �Q ate-+ . ct � U � � Q N a� a� Cp 0 � a �--1 +) Ct q a) v a� +� +� o ate-+ cn rT 1 11 u O O O O ?�G �1 ^.h C it `■ m • �► iii ♦! rr: AGENDA MEMORANDUM for the City Council Meeting of January 15, 2013 DATE: January 3, 2013 TO: Ronald L. Olson, City Manager FROM: Daniel Biles, P.E., Interim Director of Engineering Services daub cctexas.com; 826 -3729 Foster Crowell, Director of Wastewater Services FosterC .cctexas.com; 826 -1801 UPDATE TO CITY COUNCIL City Wide Effluent Re -Use Master Plan Presentation STAFF PRESENTER(S): Name 1. Daniel Biles, P.E. 2. Foster Crowell OUTSIDE PRESENTER(S): None BACKGROUND: Ti +la /Pnci +inn Director Director Department Engineering Services Wastewater This presentation provides the current status of the City Effluent Reuse Master Plan. A synopsis of the program background, current status, future measures and policy considerations will be given. Staff will return early next year with a Resolution seeking council guidance on policy considerations. LIST OF SUPPORTING DOCUMENTS: Powerpoint Presentation ,"l. Elf C 7 Aw V N Lo U � cu cu �h W! t® �aa , cri © ` , y_.� v W w +� cn �.c CL FM O Uw z w' w • p t+ � T cn 4--+ a w 0 C) C� C) U U C) 4-4 O ct cn C) O C ;t -1 C) Ct C) C) C) rm ate-+ C) C) bio Ct C) cn C) P4 . . cn O a--+ O U U Ct ct O .4-j O O U 0 cn C) Ct r—� Ct C) a--+ ct C) U U O cn C) a--j N C) �U C) w +� cn ua C01 O U W t w • cr g m Q) 4--J C)1 4—j rrQ�ll cn •� V r ct 4-j •� O Ct O cz = 4 -+ cn �—+ p O cn 0 0 b�A O Q . w +� cn ua CL tm or U W z • � g p t+ � T P-4 C� 4--j O ,ill .0 C� a� O ct C: 0 i—� Nvn O C) ct a C—� c O ct O O bbio • r--i ;-4 • F4 Ct O O ate-+ Ct ate-+ U cn U te � a-+ ct •cn cn ate--+ ;--4 V--1 ;--4 O ct ct a) C) C) H Q H U O O co Z O ct 0 w w +� cn ua C01 O U W t w # w' • � g m p t+ � T 0 0 CIL• Q) E 4--J ;-4 Ct• O E �s:� bio C) O cn � O cn +-j 4-+ ,-� • • CL• 5--1 Q� cz � N O ybio O •� U N c� cn Q cn � O *� 1 ; C� 4J-+ U U U pQ ,�� v�• sue., 4-j 4-j 4-j ct UD cn .� y U a 4-J a N ry j Q a O � U � � • O 0 0 CIL• Q) E 4--J ;-4 Ct• O E �s:� bio C) O cn � O cn +-j 4-+ ,-� • • w +� cn ua C 01 O U W z w' w • c� g m p t+ � T r—I s 0 bA O U C) O C) O rzi C) Ct • tl-1 �1 P` ,'I O n O ;-4 r.- O N u u • ,--i • ,--� a--+ C) U C) 0 0 W W � a--+ cn r-I 4—j t*-1 � C) O •�> N U O N 4 cn a 4-j cn C) C U � � C) U � H rc� O • • • • • • a U Q � o ate--+ s--� Q • s o ~ cz Wo . o zj •+' 4EII ;5 a� v� v ate-+ U � CZ tl-1 �1 P` ,'I O n O ;-4 r.- O N u u • ,--i • ,--� a--+ C) U C) 0 0 W W � a--+ cn r-I 4—j t*-1 � C) O •�> N U O N 4 cn a 4-j cn C) C U � � C) U � H rc� O • • • • • • a DATE: January 9, 2013 TO: Ronald L. Olson, City Manager FROM: Wes Pierson, ACM Business Support Services WesP cctexas.com (361) 826 -3082 UPDATE TO CITY COUNCIL Leveraging Local Funds Spent for the Development/Redevelopment of the Corpus Christi Bayfront. STAFF PRESENTER(S): Name 1. Wes Pierson OUTSIDE PRESENTER(S): Name 1. Tom Niskala 2. 3. BACKGROUND: Title /Position Department Assistant City Manager Business Support Svcs Title /Position Oraanization Executive Director CC Metropolitan Planning Organization The City has nearly completed the update of the Bayfront Area Development Plan, which will facilitate a vibrant, pedestrian oriented downtown and Bayfront. The City, RTA, CCMPO, Durrill Properties, the SEA District and other community stakeholders have been discussing how to leverage the local funds invested in the Bayfront Area to capture available federal funds. This presentation focuses on a tool from the Federal Transportation Administration (FTA) that creates a "local funds" repository that captures the value of dollars spent on identified projects that could be utilized as the local share for future FTA funded grant projects in the Bayfront Area. LIST OF SUPPORTING DOCUMENTS: Powerpoint I W. AGENDA MEMORANDUM for the City Council Meeting of January 15, 2013 DATE: January 9, 2013 TO: Ronald L. Olson, City Manager FROM: Mark Van Vleck, P.E., Interim Director, Development Services MarkVV @cctexas.com 361.826.3464 UPDATE TO CITY COUNCIL Presentation concerning the City's backflow prevention program and staff's recommendation towards testing requirements. STAFF PRESENTER(S): Name Title /Position 1. John Speights Building Official 2. Mark Van Vleck Interim Director OUTSIDE PRESENTER(S): Name Title /Position None BACKGROUND: Department Development Services Development Services Organization The Backflow Prevention Program was instituted in 1996 to protect the City's potable water supply from potential hazards contaminating customer internal water distribution systems. The prevention program is regulated by the Safe Drinking Water Act (SDWA) of 1974, the Texas Commission on Environmental Quality (TCEQ), as well as Plumbing and Building Codes. The program is administered by the Backflow Division in Development Services, and funded by the Water Department. Property Owners with lawn irrigation systems are required to have their backflow prevention assembly inspected annually to ensure the device is operating properly. The Code of Ordinances, Section 14- 281(12), more specifically, 608.1.1 of the International Plumbing Code requires that annual inspections shall be made of all backflow prevention assemblies and air gaps to determine whether they are operable. If a backflow preventer fails on a lawn irrigation system there are many potential hazards such as lawn chemicals, fertilizer, or pet waste that can leak into our general water supply. There are currently 10, 872 active irrigation systems with backflow preventers according to our records with an annual inspection failure rate of 15 %. Currently, residents with irrigation systems are mailed two notification letters. The first is sent 30 days prior to their current certification expiring, and the second is sent the day after their certification expires. There are concerns that the wording in the notices, which we have corrected. Also, we would like to send out three notifications per year. The reminder would be sent out at 60 days, 45 days, and 3 days prior to expiration. In addition, we would also like to integrate the reminder on the resident's utility bill. LIST OF SUPPORTING DOCUMENTS: Power Point r DATE: January 10, 2013 AGENDA MEMORANDUM for the City Council Meeting of 01/15/13 TO: Ronald L. Olson, City Manager FROM: Valerie H. Gray, P.E. ValerieG@cctexas.com 361- 826 -1875 STAFF PRESENTER(S): Name 1. Oscar Martinez 2. 3. OUTSIDE PRESENTER(S): Name 1. 2. 3. UPDATE TO CITY COUNCIL Street Maintenance Fee Title /Position Department Assistant City Manager Title /Position Oraanization BACKGROUND: On December 18, 2012, staff presented to Council as a Future Agenda Item a Resolution regarding Street Maintenance Fee rate design policies. At that time staff gave a presentation which included a recommended rate design. The presentation scheduled for January 15, 2013 will provide further information regarding the Street Maintenance Fee. 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