HomeMy WebLinkAboutMinutes City Council - 04/16/2019 OV°SlalIM AC
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I HEREBY CERTIFY that the foregoing is a true and correct copy of the minutes of the Regular
Meeting of the Corpus Christi City Council of April 16, 2019 which were approved by the City
Council on April 23, 2019.
WITNESSETH MY HAND AND SEAL, on this the 23rd day of April 2019.
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Re•ecca Huerta
City Secretary
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CityCi of Corpus Christi 1201 Leopard Street
M Corpus Christi,Tx 78401
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Meeting Minutes
City Council
Tuesday,April 16,2019 10:00 AM Council Chambers
Public Notice --THE USE OF CELLULAR PHONES AND SOUND ACTIVATED
PAGERS ARE PROHIBITED IN THE CITY COUNCIL CHAMBERS DURING
MEETINGS OF THE CITY COUNCIL.
MEMBERS OF THE AUDIENCE WILL BE PROVIDED AN OPPORTUNITY TO
ADDRESS THE COUNCIL AT APPROXIMATELY 12:30 P.M. CITIZEN COMMENTS
WILL BE LIMITED TO THREE MINUTES. Please speak into the microphone
located at the podium and state your name and address. If you have a petition or
other information pertaining to your subject, please present it to the City
Secretary. Any electronic media (e.g. CD, DVD, flash drive)that the Public would
like to use while they speak to the City Council MUST be submitted a minimum of
24 hours prior to the meeting. Please contact the Public Communications
department at 361-826-3211 to coordinate.
A. Mayor Joe McComb to call the meeting to order.
Mayor McComb called the meeting to order at 10:00 a.m.
B. Invocation to be given by Pastor Claude Axel, Mount Pilgrim Baptist Church.
Mayor McComb gave the invocation.
C. Pledge of Allegiance to the Flag of the United States to be led by Annette
Rodriguez, Director of Public Health.
Director of Public Health Annette Rodriguez led the Pledge of Allegiance.
D. City Secretary Rebecca L. Huerta to call the roll of the required Charter Officers.
City Secretary Rebecca L.Huerta called the roll and verified that a quorum of
the City Council and the required Charter Officers were present to conduct the
meeting.
Charter Officers:
Assistant City Manager Mark Van Vleck,City Attorney Miles K.Risely,and City
Secretary Rebecca L.Huerta.
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Present: 9- Mayor Joe McComb,Council Member Roland Barrera,Council Member Rudy
Garza,Council Member Paulette Guajardo,Council Member Gil
Hemandez,Council Member Michael Hunter,Council Member Ben
Molina,Council Member Everett Roy, and Council Member Greg Smith
E. PUBLIC INTERVIEWS FOR THE CITY MANAGER POSITION
Mayor McComb referred to Item E.Mayor McComb stated that the purpose of
this item is to conduct public interviews for the City Manager position.Mayor
McComb stated that each candidate will have 20 minutes to respond to
questions prepared by City Council.City Secretary Rebecca L.Huerta
conducted the public interview process.
The finalists appeared in the following order:Harry E.Black,Lee.R.Feldman,
Peter Zanoni,and Samuel"Keith"Selman.City Secretary Huerta explained
the public interview process to each finalist.Finalists were given 20 minutes to
provide an opening statement,respond to questions,and make closing
comments.The finalists provided responses to the following questions:
1)Provide examples of implementing and/or adapting"best practices"from
other public or private sector organizations within your organization.What
were the results?
2)Which of your accomplishments is the strongest evidence that you are
results-oriented and focused on achieving improved performance?
3)This job requires competency and character.How do we know that we can
trust you?
Mayor McComb concluded the interview process and stated that the City
Council would go into executive session later in the meeting to discuss the City
Manager position.
J. EXPLANATION OF COUNCIL ACTION:
Mayor McComb deviated from the agenda and referred to J.Explanation of
Council Action.Mayor McComb made a motion to reconsider Item 21 from the
April 9,2019 meeting,Second Reading Ordinance authorizing execution of an
Interlocal Agreement between City of Corpus Christi and Port of Corpus Christi
Authority for a permitting program;and waiving building permit requirements
for Port of Corpus Christi Authority property,seconded by Council Member
Smith.
Council members discussed the following topics: reasons for reconsidering the
item;the long-term implications of waiving building permit requirements for
Port of Corpus Christi(Port)property;and that the City has not waived similar
requirements for other governmental entities.
The motion to reconsider was passed and approved as follows:Mayor
McComb,Council Members Barrera,Garza,Guajardo, Hunter,Molina,Roy and
Smith voting"Aye"; Hernandez voting"No".
Director of Development Services Nina Nixon-Mendez and council members
discussed the following:tabling the item to a future meeting;that tabling the
item may cause delays in the construction of the Port's office building;that
initial discussions with the Port were regarding an exemption from platting;
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that the City Charter prohibits issuing a building permit on unplatted property;
other agreements between cities and their ports;that there is a mutual
agreement between the City of San Antonio and their Port related to
permitting and platting;that a political jurisdiction with ad valorem tax
exemption would receive a 50%discount on building permit fees and,if the
project was estimated at$20 million,the estimated revenue would be
approximately$112,000 including platting and permit fees;anticipated large
projects;that the Port is having a groundbreaking on their project today;
fairness to other governmental entities;that the Port is required to meet City
Code requirements;if other governmental entities have requested to waive
building requirements;the cost of platting fees versus permitting fees; concern
with setting a precedent for waiving building fees and with the loss of revenue;
that school districts are required to follow the City's platting process as part of
their bonding requirements;and that this project was already delayed when
the City Council voted to table the item to address properties located in the
Hillcrest area.
Mayor McComb made a motion to table the second reading of this item until
April 23,2019.The motion failed for lack of a second.
Council Member Hernandez made a motion to approve the ordinance as
presented,seconded by Council Member Molina.Council members discussed:
if the Port is open to discussions regarding this issue;concern with setting a
precedent for waiving building permit requirements;and loss of revenue.
Council Member Hunter made a motion to amend the ordinance to make
whole on permitting fees without delaying the project,seconded by Council
Member Garza.
The motion to amend was passed and approved with the following vote:
Council Members Barrera,Garza,Guajardo,Hernandez,Hunter,Molina,and
Roy voting"Aye";Mayor McComb and Council Member Smith voting"No".
Council Member Hernandez made a motion to approve the ordinance as
amended,seconded by Council Member Hunter.This Ordinance was passed
on second reading as amended and approved with the following vote:Council
Members Barrera,Garza,Guajardo,Hernandez,Hunter,Molina,Roy,and
Smith voting"Aye";Mayor McComb voting"No".
Enactment No:031736
F. Proclamations/Commendations
1. Proclamation declaring April 25 - May 12, 2019, "The 82nd Buccaneer
Days Celebration".
Presentation from CITGO.
Mayor McComb presented the proclamation.CITGO presented a check in the
amount of$175,000 to the Corpus Christi Fire Department.
H. MINUTES:
3. Regular Meeting of April 9, 2019.
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Mayor McComb deviated from the agenda and referred to approval of the
minutes.Council Member Garza made a motion to approve the minutes,
seconded by Council Member Smith and passed unanimously.
BOARD &COMMITTEE APPOINTMENTS: (NONE)
L. CONSENT AGENDA: (ITEMS 4- 11)
Approval of the Consent Agenda
Mayor McComb referred to the Consent Agenda.A council member requested
that Item 6 be pulled for individual consideration.There were no comments
from the public.
A motion was made by Council Member Molina,seconded by Council Member
Garza,to approve the Consent Agenda.The consent agenda items were
passed and approved by one vote as follows:
Aye: 9- Mayor McComb, Council Member Barrera, Council Member Garza, Council
Member Guajardo, Council Member Hernandez, Council Member Hunter,
Council Member Molina, Council Member Roy and Council Member Smith
Abstained: 0
4. Emergency Medical and Police Priority Dispatch Call Center
System Software
Resolution authorizing a six-year service agreement for the purchase of
emergency medical and police priority dispatch call center system
software from Priority Dispatch Corp., of Salt Lake City, Utah for a total
amount not to exceed $396,260.
This Resolution was passed on the consent agenda.
Enactment No: 031737
5. Eventide Recorder Maintenance for MetroCom
Resolution authorizing a five-year maintenance agreement for Eventide
Recorder Maintenance with DigitalMarkets, Inc., dba Vista Com of
Houston, Texas for a total amount not to exceed $49,901.
This Resolution was passed on the consent agenda.
Enactment No: 031738
7. Light Vehicle Repair& Services for the Corpus Christi Fire
Department
Motion authorizing a one-year service agreement for light vehicle repair&
services for the Corpus Christi Fire Department with Sylvia Ann Barton,
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dba Leroy and Richards Automotive of Corpus Christi, Texas for an
amount not to exceed $70,785.90 with two one-year options for a total
potential multi-year amount of$212,357.70.
This Motion was passed on the consent agenda.
Enactment No: M2019-059
8. Professional Services Contract for O.N. Stevens Water Treatment
Plant(ONSWTP) Clearwell No.3 (Capital Improvement Program)
Motion to authorize execution of a professional services contract with
LNV, Inc. of Corpus Christi, Texas in the amount of$1,803,753 for design
of O.N. Stevens Water Treatment Plant Clearwell No. 3.
This Motion was passed on the consent agenda.
Enactment No. M2019-060
9. Second Reading Ordinance - Rezoning for a Property located at or
near 5813 and 6001 Old Brownsville Road (1st Reading 4/9/19)
Case No. 0319-01 Greer Evans and Halaj Trust: Request for rezoning
property at or near 5813 and 6001 Old Brownsville Road from the "FR"
Farm Rural District and the "RS-6" Single-Family District to the "IL" Light
Industrial District.
Planning Commission and Staff Recommendation (March 6, 2019):
Tract 1: Denial of the change of zoning from the "FR" Farm Rural
District and the "RS-6" Single-Family District to the "IL"
Light Industrial District, in lieu thereof, approval of the "IC"
Industrial Compatible District.
Tract 2: Approval of the change of zoning from the "RS-6"
Single-Family District to the"IL" Light Industrial District.
Ordinance rezoning property at or near 5813 and 6001 Old Brownsville
Road from the "FR" Farm Rural District and the "RS-6" Single-Family
District to the "IC" Industrial Compatible District on Tract 1 and from the
RS-6" Single-Family District to the "IL" Light Industrial District on Tract 2.
This Ordinance was passed on second reading on the consent agenda.
Enactment No: 031739
10. Second Reading Ordinance -Amending City Code to revise regulatory
standards related to freeboard, limit of moderate-wave action, and
non-conversion agreement(1st Reading 4/9/19)
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Ordinance amending the Code of Ordinances, Chapter 14, Article V, Flood
Hazard Prevention adopting higher standards, and providing for penalties'.
This Ordinance was passed on second reading on the consent agenda.
Enactment No: 031740
11. Second Reading Ordinance - Urban Transportation Plan
Amendment for Oso Parkway and Brezina Road (1st Reading
4/9/19)
Ordinance amending Urban Transportation Plan map of Mobility CC, a
transportation element of the Comprehensive Plan of the City of Corpus
Christi, by removing a segment of Oso Parkway and Brezina Road.
This Ordinance was passed on second reading on the consent agenda.
Enactment No: 031741
6. Plumbing Services for the Corpus Christi Fire Department
Motion authorizing a one-year service agreement for plumbing services
with Smart Plumbing Inc., of Corpus Christi, Texas for an amount not to
exceed $48,367.50 with two one-year options for a total potential
multi-year amount of$145,102.50.
Mayor McComb referred to Item 6.In response to a council member, Director of
Asset Management Jim Davis stated that the agreement is to provide
after-hours emergency plumbing services for the Corpus Christi Fire
Department.There were no comments from the public.
Council Member Garza made a motion to approve the motion,seconded by
Council Member Hunter. This Motion was passed and approved with the
following vote:
Aye: 8- Mayor McComb, Council Member Barrera, Council Member Garza, Council
Member Guajardo, Council Member Hernandez, Council Member Hunter,
Council Member Roy and Council Member Smith
Absent: 1 - Council Member Molina
Abstained: 0
Enactment No: M2019-058
M. FUTURE AGENDA ITEMS: (ITEMS 12 - 13)
Mayor McComb referred to Future Agenda Items.Interim City Manager Keith
Selman did not have any planned presentations.A council member requested
information on Item 12.
12. Payment for Cleaning of Sanitary Sewer Mains in the Downtown
Area
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Motion authorizing the City Manager, or designee, to ratify payment to
Ace Pipe Cleaning, Inc., in the amount of$194,768.75 for the cleaning of
8,044.9 linear feet of sanitary sewer mains in the downtown area
(Broadway Basin).
This Motion was recommended to the consent agenda.
13. Service Agreement for Information Technology Consulting
Services
Motion authorizing a professional service agreement for IT consulting
services with Peter Collins of Corpus Christi, Texas for a not to exceed
value of$160,000.
This Motion was recommended to the consent agenda.
N. FUTURE CORPORATION MEETING: (ITEM 14)
14. Special Meeting of the North Padre Island Development
Corporation
This Corporation Meeting was recommended to be held.
G. SPECIAL RECOGNITION:
2. Resolution in recognition of David G. Noyola, honoring his many
years of service to Corpus Christi.
Mayor McComb deviated from the agenda and referred to Item 2.Council
Member Paulette Guajardo stated that the purpose of this item is to recognize
David Noyola,who recently passed away on February 7,2019,for his service to
Corpus Christi.Mayor McComb read the resolution. Danny Noyola thanked the
City Council on behalf of the Noyola family for recognizing David Noyola's
commitment to the people of the westside,West Oso and Molina areas.There
were no comments from the public.
Council Member Barrera made a motion to approve the resolution,seconded
by Council Member Hunter.This Resolution was passed and approved with the
following vote:
Aye: 9- Mayor McComb, Council Member Barrera, Council Member Garza, Council
Member Guajardo, Council Member Hernandez, Council Member Hunter,
Council Member Molina, Council Member Roy and Council Member Smith
Abstained: 0
Enactment No: 031742
P. PUBLIC HEARINGS: (ITEMS 15 - 161
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15. Public Hearing and First Reading Ordinance -Amending the
Wastewater Collection System Master Plan by relocating lift
station 13 to the as-built location
Ordinance amending the Wastewater Collection System Master Plan, an
element of the Comprehensive Plan of the City of Corpus Christi, Texas,
by relocating Lift Station 13 to the as-built location and adjusting
alignment/size of the collection lines as identified in the Wastewater
Collection System Master Plan, Oso W.R.P. Service Area, Area 1, as
identified in the Master Sanitary Sewer Plan for the Southern Portion of
Corpus Christi, Texas 1983; amending related elements of the City's
Comprehensive Plan; providing for severance; and providing for
publication.
Mayor McComb referred to Item 15.Major Projects Engineer Gabriel Hinojosa
stated that the purpose of this item is to amend the Wastewater Collection
System Master Plan,Oso Wastewater Treatment Center Service Area 30,Area
1,Azali Estates.Mr. Hinojosa presented the following information:an aerial
overview; master plan overview of development;master plan detail;and the
proposed amendment for Azali Estates.Mr.Hinojosa stated that Planning
Commission and staff are in favor of the amendment.
Mayor McComb open the public hearing.There were no comments from the
public.Mayor McComb closed the public hearing.
Mayor McComb asked questions regarding steps to reduce odor from the lift
station.
Council Member Smith made a motion to approve the ordinance,seconded by
Council Member Garza.This Ordinance was passed on first reading and
approved with the following vote:
Aye: 9- Mayor McComb, Council Member Barrera, Council Member Garza, Council
Member Guajardo, Council Member Hernandez, Council Member Hunter,
Council Member Molina, Council Member Roy and Council Member Smith
Abstained: 0
16. Public Hearing for the Annexation of 161.56 acres in the London
Area
Public hearing on a proposed annexation of land generally located on
both sides of County Road 33 and to the north of FM 43.
Mayor McComb referred to Item 16.Senior City Planner Keren Costanzo stated
that the purpose of this item is to hold the first public hearing as part of the
petition requesting annexation by area landowners of approximately 161.56
acres in the London Area.Ms.Costanzo presented the following information:
background on the annexation process;that no decision about the annexation
is being made today;that staff provided a service plan and results of the fiscal
impacts analysis;aerial overview of the annexation tract;the planned
development;the fiscal impact analysis; infrastructure/utility improvements to
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County Road 33; projected increase in street revenues;and an annexation
schedule.
Mayor McComb opened the public hearing.There were no comments from the
public.
Council members and staff discussed the following topics:the portion of
County Road 33 from FM 43 to the north end of the proposed subdivision; how
to justify the city paying for County Road 33;the portion of County Road 33 that
is being annexed;that the fiscal impact analysis was based on the median
price per homes versus the price point of the home;that the minimum sales
price for homes in the subdivision is anticipated to be$300,000;and a policy
regarding utility districts and/or public improvement districts to address
projects in the City's extraterritorial jurisdiction.
Mayor McComb closed the public hearing.
K. PUBLIC COMMENT FROM THE AUDIENCE ON MATTERS NOT SCHEDULED ON
THE AGENDA WILL BE HEARD AT APPROXIMATELY 12:30 P.M. A recording is
made of the meeting; therefore, please speak into the microphone located at the
podium and state your name and address. If you choose to speak during this
public comment period regarding an item on the agenda, you may do so. You will
not be allowed to speak again, however, when the Council is considering the
item. Citizen comments are limited to three minutes. If you have a petition or
other information pertaining to your subject, please present it to the City
Secretary. Any electronic media (e.g. CD, DVD,flash drive)that the Public would
like to use while they speak MUST be submitted a minimum of 24 hours prior to
the Meeting. Please contact the Public Communications department at
361-826-3211 to coordinate.All items on this agenda are considered public
hearings.
Mayor McComb deviated from the agenda and referred to comments from the
public.City Attorney Miles K.Risley read the Rules of Decorum for the Council
Chambers.City Secretary Rebecca L.Huerta conducted the public comment
period.Armando"Wind Stalker"Cavazos,362 Shawnee;Love Sanchez,6130
Wooldridge;and Zak Kustznsk, 1617 Lipan,requested that the City Council
remove the Christopher Columbus statute and spoke in support of replacing
Columbus Day with Indigenous Peoples Day.Huxley Smith, 1913 Thames,
expressed his opinion that City employees and representatives correctly state
the name of the City as Corpus Christi.Guadalupe Duran, 1341 Annapolis,
spoke regarding her insurance company not paying for damage caused by
Hurricane Harvey.Dave Resendez,8702 King Ranch,spoke in defense of his
towing company related to comments made during public comment at the
April 9,2019 Council meeting regarding testing of the Police Department's
autowrecker service dispatch system and an alleged conflict of interest
involving his employee Mike Staff.Joshua Garza,2414 Capitan,requested that
the City of Corpus Christi be designated as a sanctuary city for the unborn.
Garrett Dorsey,2037 Sunnycrest,spoke regarding Agenda Item 10,amending
City Code to revise regulatory standards related to freeboard,limit of
moderate-wave action,and non-conversion agreement. David Chris Castillo,
1800 Shely,requested that emailed utility statements include the monthly
charge and spoke regarding citizens being charged for solid waste services,
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whether it is used or not.Daniel Pena,2813 Hulbirt,spoke in opposition to
Agenda Item 20,rezoning property located at or near 1401 North Alameda
Street.John Medina,4931 Mokry,spoke in support of City Manager candidate
Peter Zanoni.Gloria Scott,4422 S.Alameda,spoke regarding the Hillcrest
Church of Christ.
Q. REGULAR AGENDA: (NONE)
R. FIRST READING ORDINANCES: (ITEM 17)
17. First Reading Ordinance - Dedicating Wetland Preserve for Harbor
Bridge Replacement Project(HBRP)
Ordinance declaring and dedicating 16.744 acres of land located on
North Beach as a wetland preserve; authorizing execution of the deed
restriction and actions necessary to maintain the protected property as a
wetland preserve subject to the conditions of U.S. Army Corps of
Engineers Permit and Final Mitigation Plan for the US 181 Harbor Bridge
Replacement Project filed by Flatiron-Dragados, LLC.
Mayor McComb referred to Item 17.Executive Director of Public Works Valerie
Gray stated that the purpose of this item is to dedicate two City-owned tracts of
land totaling 16.744 acres located on North Beach to be used as a wetland
preserve and to establish deed restrictions to ensure that the property is
retained and maintained as wetlands in perpetuity.Ms.Gray presented the
following information:a project location map;a vicinity map;that this
dedication is in association with the Texas Department of Transportation's
Harbor Bridge replacement project;and the wetland mitigation plan.Interim
Assistant Director of Street Operations Sarah Munoz and Dr.Lon Grassman,
Environmental Compliance Manager for the Harbor Bridge Project,responded
to questions.There were no comments from the public.
Council members spoke regarding the following topics: if this tract will impede
the process of addressing the drainage issues on North Beach;that the wetland
area is beyond the scope of the drainage area;that the area is currently
wetlands;the inability to reverse dedicating the wetland area should it impact
drainage improvements on North Beach;that the City committed to the use of
the City-owned wetlands on North Beach in 2014;time constraints to approve
this action;that the permit has already been submitted to the U.S.Army Corps
of Engineers;when the permit expires;the timeline for mitigation;wetland
creation in Section 2; if expanding the wetland would affect drainage issues
on North Beach; if the permit can be amended in the future;circular flow
through the wetlands;the project's scope;and informing the North Beach
community of the mitigation plan.
Council Member Molina made a motion to approve the ordinance,seconded
by Council Member Barrera.This Ordinance was passed on first reading and
approved with the following vote:
Aye: 8- Mayor McComb, Council Member Barrera, Council Member Garza, Council
Member Guajardo, Council Member Hernandez, Council Member Hunter,
Council Member Molina and Council Member Smith
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Nay: 1 - Council Member Roy
Abstained: 0
U. EXECUTIVE SESSION: (ITEM 25)
Mayor McComb deviated from the agenda and referred to Executive Session
Item 25.The council went into executive session at 1:26 p.m.The Council
returned from executive session at 2:30 p.m.
25. Executive session pursuant to Texas Government Code§ 551.074
(Personnel Matters) to deliberate the appointment, employment,
evaluation, reassignment, duties, discipline, or dismissal of the City
Manager.
Mayor McComb referred to Item 25 and stated that the City Council has asked
the consultant,Slavin Management Consultants,to gather additional
information.
O. RECESS FOR LUNCH
The recess for lunch was held during Executive Session Item 25.
R. FIRST READING ORDINANCES: (ITEMS 18 -22)
18. First Reading Ordinance -Accepting and appropriating State Grant
for Law Enforcement Officer Standards and Education account for
training and equipment
Ordinance accepting $26,109.20 from State of Texas- Law Enforcement
Officer Standards and Education Account; and appropriating $26,109.20
in Police Grants Fund.
Mayor McComb referred to Item 18.Police Management Services Director Pat
Eldridge stated that the purpose of this item is to accept and appropriate
$26,109.20 from the State of Texas-Law Enforcement Officer Standards and
Education Account.There were no comments from the public.
A council member requested an accounting of grants for each department.
Council Member Hunter made a motion to approve the ordinance,seconded by
Council Member Smith.This Ordinance was passed on first reading and
approved with the following vote:
Aye: 9- Mayor McComb, Council Member Barrera, Council Member Garza, Council
Member Guajardo, Council Member Hernandez, Council Member Hunter,
Council Member Molina, Council Member Roy and Council Member Smith
Abstained: 0
19. First Reading Ordinance -Cession agreement to cede
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extraterritorial jurisdiction of certain areas to the City of Portland
Ordinance providing for the cession by the City of Corpus Christi to the
City of Portland of all annexation rights and police powers over and in
certain tracts of land, by mutual agreement; and providing for publication.
Mayor McComb referred to Item 19.Senior City Planner Annika Yankee stated
that the purpose of this item is to enter into a cession agreement with the City
of Portland that will give the City of Portland the legal ability to annex certain
tracts of land that are currently in the City of Corpus Christi's extraterritorial
jurisdiction(ETJ).Ms.Yankee presented the following information:the
proposed areas of concurrent ETJ;areas to cede exclusive ETJ to Portland;the
area limited to the City of Portland's rolling ETJ;consideration for cession;and
that if the City of Portland does not annex the ceded ETJ within 15 years,the
land will revert to the City of Corpus Christi.There were no comments from the
Council or the public.
Council Member Smith made a motion to approve the ordinance,seconded by
Council Member Roy.This Ordinance was passed on first reading and
approved with the following vote:
Aye: 9- Mayor McComb, Council Member Barrera, Council Member Garza, Council
Member Guajardo, Council Member Hernandez, Council Member Hunter,
Council Member Molina, Council Member Roy and Council Member Smith
Abstained: 0
20. First Reading Ordinance - Rezoning for a Property located at or
near 1401 North Alameda Street(Tabled 3/26/19)
Case No. 0219-02 HCS 311, LLC: Request for rezoning a property at or
near 1401 North Alameda Street from the "RM-1" Multifamily 1 District to
the "IL" Light Industrial District.
Planning Commission and Staff Recommendation (February 20, 2019):
Denial of the change of zoning from the "RM-1" Multifamily 1 District to the
"IL" Light Industrial District
Applicants Request(3/4 Vote Required)
Ordinance rezoning property at or near 1401 North Alameda Street from
the "RM-1" Multifamily 1 District to the "IL" Light Industrial District.
Mayor McComb referred to Item 20.Director of Development Services Nina
Nixon-Mendez stated that the purpose of this item is to rezone the subject
property to allow for the construction of a laydown yard.City Council tabled
this item at the March 26,2019 meeting and requested that staff meet with the
applicant and neighorhood stakeholders to consider a special permit.Staff met
with both parties on April 4,2019 and prepared special permit conditions with
the input of both parties.Ms. Nixon-Mendez stated that the neighborhood
stakeholders are still opposed to the zoning change and the applicant is not
100% in agreement with the special permit conditions.Ms.Nixon-Mendez
outlined the special permit conditions.Ms.Nixon-Mendez stated that the
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Planning Commission recommended denial of the zoning change and staff is
recommended denial of the special permit.
Council members discussed the following topics:that City Council directed staff
to prepare special permit conditions and the reasons staff is recommending
denial of the rezoning.
Mayor McComb called for comments from the public.lain Vasey,Corpus Christi
Regional Economic Development Corporation,spoke in favor of the zoning
change.Barry Wolfson,5114 Balcones Woods Drive,Austin,Texas; Nancy
Foley,St Paul United Methodist Church,4309 Woodland Creek Drive; Henry
Williams,2422 Sumner; Emil Steve Bolden I,3610 Palo Verde;Esther Moore;
Eddie Jackson Mathis,4721 Angela;Maury Wolfson,3535 Santa Fe;Adam
Carrington,2949 Riverbend Court; Errol Summerlin,Citizens Alliance for
Fairness and Progress;and Gloria Scott,4422 S.Alameda,spoke in opposition
to the zoning change.Chris Cam,President of Texile,spoke in support of the
zoning change and stated that the company plans to invest in Corpus Christi,
create new jobs,and will work to be good neighbors with the community.
George Clower,P.O.Box 2525,spoke regarding the special permit conditions
and requested that the conditions be amended to include:not being limited to
only steel pipe,instead to steel pipe and non-hazardous bulk items and to
change the time limit from three years from the date of approval to five years
from the issuance of a certificate of occupancy.
Council members spoke regarding the following topics:that the laydown yard
is not related to the Harbor Bridge Relocation project;the number of members
in the audience that live in the Washington Coles/Hillcrest area;the Downtown
Area Development Plan;when the City enters into plans without addressing
the means to put the plan into action;the special permit conditions;the
number of vacant lots in the area;that housing in the area would require
maximum investment to provide standard housing;the property's close
proximity to the Port of Corpus Christi and industry;that it is unlikely that the
area will become a dense residential area;the impact the business could have
on the neighborhood; how the areas are financed or not financed;a council
member requested that the Planning Department review the area development
plans to determine if they are realistic with respect to investment and federal
program opportunities;that the business would be a good neighbor to the
community;if there have been developers that have expressed interest in the
area;and discussions related to an opportunity zone program.
Council Member Barrera made a motion to approve rezoning to the"RM-1/SP"
Multifamily 1 District with a Special Permit The motion failed for lack of
second.
Council Member Molina made a motion supporting Planning Commission and
staff's recommendation to deny the zoning request,seconded by Council
Member Guajardo.This Motion passed with the following vote:
Aye: 8- Mayor McComb, Council Member Garza, Council Member Guajardo,
Council Member Hernandez, Council Member Hunter, Council Member
Molina, Council Member Roy and Council Member Smith
Nay: 1 - Council Member Barrera
Abstained: 0
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21. First Reading Ordinance-Approving amendment to TIRZ#2
Project and Financing Plan
Ordinance approving the amendment to the Tax Increment Reinvestment
Zone#2 amended Project& Financing Plans approved by the Board of
Directors of Reinvestment Zone Number Two, Corpus Christi, Texas,
regarding the approval of funds up to $4,000,000 for the Park Road 22
Bridge Project.
Mayor McComb referred to Item 21.Business Liaison Arlene Medrano stated
that the purpose of this item is to amend the Tax Increment Reinvestment Zone
#2(TIRZ#2)Project and Financing Plan by removing the deadline of February
29,2019 related to the release of funds for Park Road 22 Bridge.Ms.Medrano
stated that the TIRZ#2 Board asked questions regarding the language that
"funds are to be held contingent on the completion of the canals"and Item 22
is a first reading ordinance of Park Road 22,approving a developer agreement
which states that the construction contract for Park Road 22 Bridge will be
awarded after the third-party canal is completed.
In response to a council member,Ms.Medrano confirmed that the construction
of the Park Road 22 Bridge will not start until the canal is complete and no
additional money is being added to the project
Council Member Barrera made a motion to approve the ordinance,seconded
by Council Member Guajardo. This Ordinance was passed on first reading and
approved with the following vote:
Aye: 7- Mayor McComb, Council Member Barrera, Council Member Garza, Council
Member Guajardo, Council Member Hernandez, Council Member Roy and
Council Member Smith
Absent: 2- Council Member Hunter and Council Member Molina
Abstained: 0
22. First Reading Ordinance -Approving a Developer Agreement for
Park Road 22 Bridge
Ordinance appropriating $4,000,000 from the TIRZ#2 fund for
construction of the Park Road 22 Bridge; and approving a developer
agreement with Diamond Beach Holdings, LLC and Padre Island
Holdings, LLC, which certifies the availability of$11,696,319.50 for the
construction of the Park Road 22 Bridge and requires the award of the
construction contract for the bridge after the third-party canal is
completed.
Mayor McComb referred to Item 22.Assistant City Manager Mark Van Vleck
stated that the purpose of this item is to approve a developer agreement with
Diamond Beach Holdings,LLC and Padre Island Holdings,LLC for
development of the third-party canal for the Park Road 22 Bridge.The
agreement ensures the following:that the City has the funding available and
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will go out for a re-bid on the Park Road 22 Bridge before the developer begins
construction of the canal; once it is confirmed that there is sufficient funding,
the developer will build the canal to connect to the bridge;that when the
canal is substantially complete,the City will award the contract for the bridge;
and once the bridge is complete,the City will notify the developer to complete
the water connection by removing the coffer dams.
Council members and staff discussed the following topics:that the definition of
"substantially complete"includes the canal and bulkhead;the original cost of
the Park Road 22 Bridge in Bond 2004;that general obligations street bonds
from 2005 and 2008 will be used to fund the bridge project;that the cost of the
bridge does not include a lift station and what that cost would be;the total
amount of the bridge project;that the original plan did not include building a
culvert;that the funding has been allocated by previous council action for this
project;that the project originally included culverts under the road;that all the
funding is in place for the bridge;that the City Council will award funding for
the bridge once the canal and bulkhead are complete;and that if the bid for
the bridge exceeds$11 million,staff will bring back to City Council.
Council Member Smith made a motion to approve the ordinance,seconded by
Council Member Garza. This Ordinance was passed on first reading and
approved with the following vote:
Aye: 7- Mayor McComb, Council Member Barrera, Council Member Garza, Council
Member Guajardo, Council Member Hernandez, Council Member Molina
and Council Member Smith
Absent: 2- Council Member Hunter and Council Member Roy
Abstained: 0
S. BRIEFINGS: (NONE)
T. LEGISLATIVE UPDATE:
None.
U. EXECUTIVE SESSION: (ITEMS 23 -24)
Mayor McComb referred to Executive Session Items 23 and 24.The Council
went into executive session at 3:59 p.m.The Council returned from executive
session at 5:26 p.m.Council Member Garza abstained on Item 23.
23. Executive Session pursuant to Section Texas Government Code§
551.071 and Texas Disciplinary Rules of Professional Conduct Rule 1.05
to consult with attorneys concerning legal issues related to contractual
obligations pursuant to the lease of property to SQH Sports &
Entertainment, Inc. near the intersection of State Highway 286 and Weber
Road and areas adjacent thereto and pursuant to Texas Government
Code§ 551.072 to discuss and deliberate the lease and value of the
aforementioned real property owned by the City when deliberation in
open meeting would have a detrimental effect on the position of the
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governmental body in negotiations with a third person.
This E-Session Item was discussed in executive session.
24. Executive Session pursuant to Texas Government Code§551.071
and Texas Disciplinary Rules of Professional Conduct Rule 1.05 to
consult with attorneys concerning legal issues related to annexation,
disannexation, cession agreements for extraterritorial jurisdiction,
apportionment of extra-territorial jurisdiction between municipalities,
interlocal agreements with water districts and neighboring municipalities,
contracts for potential economic development agreement(s) with entities
that are considering the construction, expansion, and/or ownership of
industrial facilities (including, but not limited to proposed Gulf Coast
Growth Ventures' chemical manufacturing facility in San Patricio County,
Texas, proposed fractionator and related facilities in Nueces County,
economic development agreements relating to property currently or
formerly owned by Voestelpine, Corpus Christi Liquefaction, LLC, and
other entities and existing and proposed industrial facilities in San
Patricio County and Nueces County)that are and/or will be consumers of
water and/or wastewater services and connections to the Mary Rhodes
Pipeline for facilities to supply water thereto, potential legislation currently
being considered in the Texas Legislature related to annexation and
other issues, and pursuant to Texas Government Code§ 551.087 to
discuss confidential commercial or financial information pertaining to the
aforesaid business prospect(s)that the City seeks to have locate, stay or
expand in or near the territory of the City and with which the City may
conduct economic development negotiations and/or deliberate possible
economic development issues concerning said business prospect(s).
This E-Session Item was discussed in executive session.
V. IDENTIFY COUNCIL FUTURE AGENDA ITEMS
None.
W. ADJOURNMENT
The meeting was adjourned at 5:27 p.m.
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