HomeMy WebLinkAboutMinutes City Council - 06/25/2019 ,y3S C�
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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 June 25, 2019
which were approved by the City Council on July 16, 2019.
WITNESSETH MY HAND AND SEAL, on this the 16th day of July 2019.
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Rebecca Huerta
City Secretary
Corpus Christi, Texas
(SEAL)
City of Corpus Christi
Rebecca Huerta, City Secretary
P.O. Box 9277
Corpus Christi,Texas 78469-9277
(361)826-3105
rebeccah@cctexas.com
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City of Corpus Christi 1201 Leopard Street
Corpus Christi,TX 78401
I y cctexas.com
Meeting Minutes
City Council
Tuesday,June 25,2019 11:30 AM Council Chambers
Addendums will be added on Friday.
Public Notice --THE USE OF CELLULAR PHONES AND SOUND ACTIVATED
PAGERS ARE PROHIBITED IN THE CITY COUNCIL CHAMBERS DURING
MEETINGS OF THE CITY COUNCIL.
MEMBERS OF THE AUDIENCE WILL BE PROVIDED AN OPPORTUNITY TO
ADDRESS THE COUNCIL AT APPROXIMATELY 12:00 P.M. CITIZEN COMMENTS
WILL BE LIMITED TO THREE MINUTES. Please speak into the microphone
located at the podium and state your name and address. If you have a petition or
other information pertaining to your subject, please present it to the City
Secretary. Any electronic media (e.g. CD, DVD, flash drive)that the Public would
like to use while they speak to the City Council MUST be submitted a minimum of
24 hours prior to the meeting. Please contact the Public Communications
department at 361-826-3211 to coordinate.
A. Mayor Joe McComb to call the meeting to order.
Mayor McComb called the meeting to order at 11:32 a.m.
B. Invocation to be given by Pastor Rick Barrera, Believe Church.
Pastor Rick Barrera gave the invocation.
C. Pledge of Allegiance to the Flag of the United States and to the Texas Flag to be
led by Leticia Kanmore, Community Development Administrator, Housing and
Community Development.
Leticia Kanmore led the Pledge of Allegiance to the flag of the United States
and the Texas flag.
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:
City Manager Peter Zanoni,City Attorney Miles K. Risley,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. Proclamations/Commendations
1. Proclamation declaring July 4, 2019, "Mayor's 4th of July Big Bang
Celebration".
Recognition of"Mayor's July 4th Big Bang Celebration" Essay Contest
Winners.
Swearing-In Ceremony for Newly Appointed Board, Commission,
Committee and Corporation Members.
Mayor McComb presented the proclamation and conducted the recognition
and swearing-in ceremonies.
J. PUBLIC COMMENT FROM THE AUDIENCE ON MATTERS NOT SCHEDULED ON
THE AGENDA WILL BE HEARD AT APPROXIMATELY 12:00 P.M. A recording is
made of the meeting; therefore, please speak into the microphone located at the
podium and state your name and address. If you choose to speak during this
public comment period regarding an item on the agenda, you may do so. You will
not be allowed to speak again, however, when the Council is considering the
item. Citizen comments are limited to three minutes. If you have a petition or
other information pertaining to your subject, please present it to the City
Secretary. Any electronic media (e.g. CD, DVD,flash drive)that the Public would
like to use while they speak MUST be submitted a minimum of 24 hours prior to
the Meeting. Please contact the Public Communications department at
361-826-3211 to coordinate.All items on this agenda are considered public
hearings.
Mayor McComb deviated from the agenda and referred to Public Comment.
City Attorney Miles K.Risley read the Rules of Decorum for the Council
Chambers.City Secretary Rebecca L.Huerta conducted the public comment
period.
Doreen Kinkel,15405 Grass Cay Court,spoke regarding short-term rentals and
related taxes. Gloria Scott,4422 S.Alameda St.,thanked the Council for its
recognition of Gloria Dean Randall Scott Day in Corpus Christi and for the
Council's recognition of the Juneteenth celebration. Diane La Rue,426 Cape
Lookout,representing the United Corpus Christi Chamber of Commerce
Foundation,spoke in support of the Mi Casa-Su-Casa initiative and the
Mano-a-Mano Scholarship Foundation. Ken Baker,7421 Idle Hour Dr.,spoke
regarding regulations related to setbacks from a home's foundation to the
property line. Susie Luna Saldana,4710 Hakel,thanked the Council for
looking into damaged sidewalks and for adding the pledge to the Texas flag to
council meetings. Ryan Moore, 1718 Kern Dr.,President of the Corpus Christi
Real Estate Investors'Association,and Tray Bates,430 Cape Hatteras,on
behalf of the Corpus Christi Association of Realtors,spoke in support of
short-term rentals in Corpus Christi and related taxes. John Medina,4931
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Mokry Dr.,spoke regarding the seating arrangement for council members
during council meetings and requested that drainage issues on Mokry Drive be
corrected.
BRIEFINGS: (ITEM 22)
22. 2019 Second Quarter Update on the Harbor Bridge Replacement
Project.
Mayor McComb deviated from the agenda and referred to Item 22. Flatiron
Dragados'Deputy Project Manager John Palmer presented information on the
following topics: project sections; north and south approaches; north and
south cable stayed bridge footings;Staples Street,Port Avenue,and Nueces
Bay Boulevard bridge reconstructions;Stillman Avenue pedestrian bridge
reconstruction; IH 37 and North Beach traffic switches; Robstown pre-cast yard;
information on the project's website;and that a"sidewalk talk"event will take
place on Saturday,August 31,2019 at 10:00 a.m.in the Whataburger Field
parking lot.
In response to a council member's question,Mr.Palmer stated that a revised
completion date has yet to be determined with the Texas Department of
Transportation.
F. CITY MANAGER'S COMMENTS/ UPDATE ON CITY OPERATIONS:
Mayor McComb referred to City Manager's Comments.City Manager Peter
Zanoni reported on the following topics:
b. OTHER
1)A Read-and-Rollover event will take place on Wednesday,June 26,2019 at
the Garcia Library at 5930 Brockhampton,in conjunction with the Gulf Coast
Humane Society's Adoption Event. 2)City Hall in the Mall will take place at La
Palmera Mall on Saturday,June 29,2019 from 11:00 a.m.-5:00 p.m. 3)Most
City offices will be closed for the July 4th holiday. 4)On Monday,July 8,2019
the Water Utilities Department will hold its annual water quality report public
meeting at 6:00 p.m.at 2726 Holly Road. The report is available at
www.corpuschristiwater.com.
A council member recognized city staff for the City's superior water rating.
a. UTILITY BILLING UPDATE
Interim IT Director Peter Collins reported on the following topics related to
delinquent utility accounts: phone communication outreach for residential and
commercial accounts;that disconnects will start soon;community agencies
outreach;and a request that delinquent account holders please contact the
City at 361-826-2489,option 3,to make payment arrangements.
Council members and Interim Director Collins discussed the following topics:
how utility disconnections will be managed;that disconnections will take place
methodically,across billing cycles;preparations at City Hall for a large volume
of customers; payment plans;disputing utility bills;that delinquent utility
customers may call,come in to City Hall,leave a voice mail message that
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utility billing office staff will return,or contact the city via e-mail to make
payment arrangements for their delinquent accounts;that after this week,
penalties will begin to be assessed on delinquent utility accounts;the online
payment process;that utility payments can also be made at area HEB and
Western Union locations; if any organizations are exempt from being
disconnected and that those organizations are not included in the numbers
presented to Council today;and the total dollar amount of delinquent
commercial accounts.
H. BOARD &COMMITTEEO APPOINTMENTS: (NONE)
EXPLANATION OF COUNCIL ACTION:
K. CONSENT AGENDA: (ITEMS 2 - 17)
Approval of the Consent Agenda
Mayor McComb referred to the Consent Agenda. Council members requested
that Items 6,10,11, 13 and 17 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 motion carried by 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
2. Ordinance amending Ordinance No. 031751 to comply with grant
requirements of the FY2018 Department of Homeland Security Grant
Program by adding sections which assure in the event of loss or misuse
that the funds will be returned in full by the City of Corpus Christi and
authorizing the City Manager to apply for, accept, reject, alter or terminate
the grant.
Enactment No: 031794
3. Ordinance authorizing the acceptance of a grant from Maddie's Fund in
the amount of$5,000.00 to develop a pilot program to determine the
feasibility for implementation of an Animal Care Foster Program; and
appropriating the grant amount in the Police Grants Fund.
This Ordinance was passed on second reading on the consent agenda.
Enactment No: 031795
4. Ordinance authorizing the acceptance and appropriation of a grant
contract for the Regional Local Services System/Local Public Health
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System (RLSS/LPHS) grant in the amount of$328,736.00 from the
Texas Department of State Health Services in the Health Grants for the
contract period September 1, 2019 through August 31, 2021 ,to provide
essential public health services.
This Ordinance was passed on second reading on the consent agenda.
Enactment No: 031796
5. Ordinance amending Ordinance No. 029958 by expanding the boundary
of the City's Industrial District No. 2 to add approximately 213 acres to
the current approximately 4,157 acres, with new acreage generally
located between Callicoate Road and Rand Morgan Road and between
State Highway 44 and the City Limit Boundary near Mallard Drive, which
includes an existing industrial district facility.
This Ordinance was passed on second reading on the consent agenda.
Enactment No: 031797
7. Ordinance granting an easement and a temporary construction easement
to Southwestern Bell Telephone, LP (SWB) across Ben Garza Park for
SWB's existing facilities so that SWB can update its fiber cable system
as part of the Harbor Bridge Project.
This Ordinance was passed on second reading on the consent agenda.
Enactment No. 031799
8. Ordinance approving the sale of 0.161 acres at 5205 Edinburg Circle for
the highest cash offer received by real estate broker of$22,000.00 to
B.B.M.M. Homes, Inc., a Texas Corporation.
This Ordinance was passed on second reading on the consent agenda.
Enactment No: 031800
9. Ordinance approving the sale of 0.1431 acres at 7101 Edgebrook Drive
for the highest cash offer received by real estate broker of$20,000.00 to
Rebecca Christine Brandauer.
This Ordinance was passed on second reading on the consent agenda.
Enactment No: 031801
12. Resolution approving FY 2019-2020 grant application for the Beach
Cleaning and Maintenance Assistance Program from the Texas General
Land Office for an estimated amount of$60,000 to provide beach
cleaning and maintenance on North Padre Island and Mustang Island.
This Resolution was passed on the consent agenda.
Enactment No: 031804
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14. Resolution authorizing a four-year service agreement renewal for
InfoCare software with Innovyze Inc. of Houston, Texas, which is used to
optimize the water distribution and wastewater collection systems through
computerized modeling, for a total amount not to exceed $73,636.21,
with first-year funding through the Water Fund.
This Resolution was passed on the consent agenda.
Enactment No: 031805
15. Motion authorizing a three-year service agreement with Infor(US) Inc. of
Alpharetta, Georgia for Infor Expense Management subscription license
and services for a total amount not to exceed $228,846.60, with the
first-year funded through Info Tech Fund.
This Motion was passed on the consent agenda.
Enactment No: M2019-097
16. Resolution authorizing a three-month Service Agreement for the purchase
and installation of 14 Harris radio dispatch consoles from Dailey-Wells
Communications, of San Antonio, Texas to replace consoles that have
reached the end of their service life for a total amount not to exceed
$585,999.56 funded through the Information Technology (IT) Fund.
This Resolution was passed on the consent agenda.
Enactment No: 031806
6. Ordinance amending Corpus Christi Code of Ordinances Section 49-12
to require applicant(s)to provide a current fair market value appraisal for
the closure of improved streets, alleys, or rights-of-way, to remove
payment exemption for improved alleys, and to update outdated terms or
language.
Mayor McComb referred to Item 6. Director of Development Services Nina
Nixon-Mendez stated that the purpose of this item is to amend Section 49-12 of
the Code of Ordinances,regarding fair market value appraisals for the closure
of improved streets and alleys;on June 18,2019 Council approved the first
reading of the ordinance and requested that staff amend the ordinance for
second reading;the ordinance had required a current fair market value
appraisal,at the applicants expense,for improved streets and alleys,not for
unimproved alleys and streets since no fair market value payment would be
required; using the County Appraisal Districts values for the fair market value
determination,up to$20,000;that staff has reviewed the fair market value
payments for improved streets since 2016 and other municipalities'procedures;
and that staff is recommending a cap of$5,000,above which the applicant will
be required to provide a current appraisal and that if County Appraisal District
determines that the value of the property is$5,000 or less,no appraisal from
the applicant will be required and staff will use the County Appraisal Districts
value;staff also clarified that improved streets,alleys and rights-of-way are
defined as being improved with asphalt or concrete.
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Council members and Director Nixon-Mendez discussed the following topics:
concern about the staff-recommended$5,000 cap; if fair market valuation is
required if the City initiates the closure;the particulars of previous closures,
initiated and not initiated by the City;the number of improved versus not
improved street closure requests;and a$20,000 cap.
Council Member Garza made a motion to amend the ordinance by increasing
the average valuation for the area to be vacated to,"exceed twenty thousand
dollars",seconded by Council Member Hernandez. The motion to amend was
approved with Council Members Garza,Hernandez,Hunter,Molina,Roy,
Smith,and Barrera voting Aye and Mayor McComb voting No(Council Member
Guajardo-absent).
Council Member Garza 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:
Aye: 8- Mayor McComb, Council Member Barrera, Council Member Garza, Council
Member Hernandez, Council Member Hunter, Council Member Molina,
Council Member Roy and Council Member Smith
Absent: 1 - Council Member Guajardo
Abstained: 0
Enactment No: 031798
10. Ordinance exempting The Coves at Lago Vista Unit 3C, located south of
South Oso Parkway and east of King Ranch Drive, from the payment of
the wastewater lot/acreage fees under section 8.5.2.G.1 of the Unified
Development Code; and declaring an emergency for a one-reading
action.
Mayor McComb referred to Item 10.
Council members and Director Nixon-Mendez discussed the following topics:
that Items 10 and 11 are both declaring an emergency for a one-reading action
so as not to delay,and thereby,potentially negatively impact the
developments.
With respect to Item 10,council members and Director Nixon-Mendez
discussed the following topics: master planning for the subject area;and the
likelihood of having public utilities in the subject area.
With respect to Item 11,council members and Director Nixon-Mendez
discussed the following topics: why septic systems are used in this area;that
the required extension to connect to public sewer of approximately 3,800 feet
was deemed not reasonable by the Planning Commission;that the Planning
Commission made a recommendation to waive the fee;that dense
development in areas near military installations is not desirable;and that the
property owner intends to construct one home on the property.
With respect to Item 10,council members and Director Nixon-Mendez
discussed the following topics: the number of acres developed on the south
side of Oso Creek,in the buffer area,with no City sewer service; large versus
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dense lot development; not wanting to continue installation of septic systems
in the area;and revisiting the policy regarding installation of septic
systems/requiring connection to City services.
Council Member Smith made a motion to approve the ordinances 10 and 11,
seconded by Council Member Barrera. This Ordinance was passed on second
reading and approved with the following vote:
Aye: 7- Mayor McComb, Council Member Barrera, Council Member Garza, Council
Member Hunter, Council Member Molina, Council Member Roy and Council
Member Smith
Nay: 2- Council Member Guajardo and Council Member Hernandez
Abstained: 0
Enactment No: 031802
11. Ordinance exempting Ybarra Terrace Lot 1 located north of Weber Road
and east of Oso Creek, from the payment of the wastewater lot or
acreage fee under section 8.5.2.G.1 of the Unified Development Code;
and declaring an emergency for a one-reading action.
The discussion regarding this Item occurred in Item 10.
This Ordinance was passed on second reading and approved with the
following vote:
Aye: 7- Mayor McComb, Council Member Barrera, Council Member Garza, Council
Member Hunter, Council Member Molina, Council Member Roy and Council
Member Smith
Nay: 2- Council Member Guajardo and Council Member Hernandez
Abstained: 0
Enactment No: 031803
13. Motion authorizing the purchase of four heavy replacement trucks, which
include one Roll-off truck and three Dump trucks to be utilized by Utilities
Department, from Grande Truck Center of San Antonio, Texas, via
BuyBoard Cooperative for a total amount not to exceed $708,975.00
funded through the Wastewater Fund.
Mayor McComb referred to Item 13.
Council members and Director of Water Utilities Kevin Norton discussed the
following topics: that the vehicles being replaced are auctioned off; how the
life of vehicles is determined;that excessive hours or miles are also taken into
consideration; including more details about the replacement vehicles and the
vehicles being replaced.
Council Member Guajardo made a motion to approve the motion,seconded by
Council Member Garza. This Motion was passed and approved with the
following vote:
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Aye: 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: M2019-096
17. Resolution amending City Council Policy No. 14 regarding board,
commission, and committee appointment procedures to require
applications to be submitted no later than 14 days prior to the
appointment date.
Mayor McComb referred to Item 17.
Council members and City Secretary Rebecca L.Huerta discussed the
following topics: the reason for the recommended amendment; if the
recommended change to the deadline would discourage applicants;outreach
to the community regarding board vacancies;the status of the current
comprehensive review of City boards,commissions and committees;and that if
this change negatively impacts board appointments,this policy may need to be
revisited.
Council Member Barrera made a motion to approve the resolution,seconded
by Council Member Molina. 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: 031807
Mayor McComb requested a list of properties that are delinquent on property
taxes,properties on which abatements are owed and an update regarding
their status. City Attorney Miles K.Risley stated that properties on which
delinquent taxes are owed are listed on a website by the law firm handling
such properties for the city. Council members discussed the following topics:
code enforcement violations and associated abatements versus delinquent
property taxes;establishing a"tipping point"dollar value,beyond which
action is taken;and a request that the legal process by which such properties
are dispositioned be accelerated.
M. PUBLIC HEARINGS (ITEMS 18 -21)
18. Zoning Case No. 0519-01 Luxury Spec Homes (Council District 1):
Ordinance rezoning property at or near 3802 Callicoate Road from the
"FR" Farm Rural District to the"RS-4.5" Single-Family 4.5 District.
Planning Commission and Staff recommend Approval.
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Mayor McComb deviated from the agenda and referred to Item 18. Director of
Development Services Nina Nixon-Mendez stated that the purpose of this item
is to rezone a property from Farm Rural District to Single-Family District to
allow for the construction of single-family homes.
Director Nixon-Mendez presented information on the following topics: aerial
overview;details of the subject property;zoning pattern;and the Planning
Commission's and Staffs recommendation to approve the"RS-4.5"
Single-Family 4.5 District.
Mayor McComb opened the public hearing. There were no comments from the
public.
A council member and Director Nixon-Mendez discussed when City utilities
were installed in the subject area in relation to development of the area.
Mayor McComb closed the public hearing.
Council Member Hunter 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
19. Zoning Case No. 0519-02 Rick's Homes, LLC. (Council District 1):
Ordinance rezoning property at or near 3030 McKinzie Road from the
"RS-6" Single-Family 6 District to the "CN-1" Neighborhood Commercial
District(Tract 1) and "RS-4.5" Single-Family 4.5 District(Tract 2).
Planning Commission and Staff recommend Approval.
Mayor McComb referred to Item 19. Director of Development Services Nina
Nixon-Mendez stated that the purpose of this Item is to rezone the property
from a Single-Family District to a Neighborhood Commercial District and a
denser Single-Family District for the purpose of allowing for the construction of
a commercial property and single-family homes.
Director Nixon-Mendez presented information on the following topics: aerial
overview;details of the subject property;zoning pattern;and the Planning
Commission's and Staffs recommendation to approve the"CN-1"
Neighborhood Commercial District(Tract 1)and the"RS-4.5"Single-Family 4.5
District(Tract 2).
Mayor McComb opened the public hearing. There were no comments from the
public.
Council members and Director Nixon-Mendez discussed if there would be any
impact on the public library located in the neighborhood where the subject
property is located.
Council Member Roy made a motion to approve the ordinance,seconded by
Council Member Garza.
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Mayor McComb closed the public hearing.
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. Zoning Case No. 0319-04 Advanced Housing Alternatives Corporation
(Council District 1): Ordinance rezoning a property at or near 509 South
Carancahua Street from the "ON" Neighborhood Office District and the
"RM-1" Multifamily 1 District to the "CR-2" Resort Commercial District.
Planning Commission and Staff recommended Denial of the requested
zoning change and Approval of zoning change to "ON/SP" Neighborhood
Office District with a Special Permit.
Mayor McComb referred to Item 20. Director of Development Services Nina
Nixon-Mendez stated that the purpose of this Item is to rezone the property
from a Neighborhood Office District and a Multi-Family District to a Resort
Commercial District for the purpose of allowing for the construction of a senior
living development consisting of 35 units.
Director Nixon-Mendez presented information on the following topics: aerial
overview; details of the subject property;zoning pattern;the Planning
Commission's and Staff's recommendation to deny the"CR-2"Resort
Commercial District,and,in lieu thereof,approve the"ON/SP"Neighborhood
Office District with a Special Permit(SP);and that the Applicant is in
agreement with this recommendation.
Council members and Director Nixon-Mendez discussed the number of votes
necessary to overrule or approve the Planning Commission's and Staffs
recommendation.
Mayor McComb opened the public hearing. There were no comments from the
public. Mayor McComb closed the public hearing.
Council Member Garza made a motion to approve the ordinance,seconded by
Council Member Hunter. This Ordinance was passed on first reading and
approved with the following vote:
Aye: 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
21. Zoning Case No. 0519-04 Blairtown Energy Center, LLC. (Council
District 3): Ordinance rezoning property at or near 2502 and 2506
Johanna Street from the "ON" Neighborhood Office District to the "CG-2"
General Commercial District. Planning Commission and Staff
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recommend Denial of the requested change and approval of the zoning
change to the "ON/SP" Neighborhood Office District with a Special
Permit.
Mayor McComb referred to Item 21. Director of Development Services Nina
Nixon-Mendez stated that the purpose of this Item is to rezone the property
from a Neighborhood Office District to the General Commercial District for the
purpose of allowing for the construction of an auto repair facility.
Director Nixon-Mendez presented information on the following topics: aerial
overview;details of the subject property;zoning pattern;the Planning
Commission's and Staff's recommendation to deny the"CG-2"General
Commercial District,and,in lieu thereof,approve the"ON/SP"Neighborhood
Office District with a Special Permit(SP).
Mayor McComb opened the public hearing. Mayor McComb announced that
Council Member Molina was abstaining.
Council members and Director Nixon-Mendez discussed the following topics:
why not rezone the subject property to"CG-2"General Commercial District;the
Planning Commission's reasoning for recommending a special permit; if the
special permit conveys with the property if the property is sold;the duration of
the special permit;the conditions of the special permit;what nearby properties
are zoned;commending the Development Services Department for its
sensitivity to neighbors'concerns regarding the subject property;what happens
upon expiration of the special permit;and the base zoning of the property.
Miguel Saldana,representing Blairtown Energy Center,LLC,discussed the
General Commercial District zoning designation versus"ON/SP"Neighborhood
Office District with a special permit in relation to the zoning of surrounding
properties. Mr.Saldana stated that the Applicant is willing to accept the
special permit,albeit reluctantly.
Mayor McComb closed the public hearing.
Council Member Barrera made a motion to approve the ordinance,seconded
by Council Member Garza. This Ordinance was passed on first reading and
approved with the following vote:
Aye: 8- Mayor McComb, Council Member Barrera, Council Member Garza, Council
Member Guajardo, Council Member Hernandez, Council Member Hunter,
Council Member Roy and Council Member Smith
Abstained: 1 - Council Member Molina
Q. EXECUTIVE SESSION: (ITEMS 25 -26)
Mayor McComb deviated form the agenda and referred to Executive Session
Items 25 and 26.The Council went into executive session at 1:58 p.m. The
Council returned from executive session at 3:00 p.m.
25. Executive Session pursuant to Texas Government Code§ 551.071
and Texas Disciplinary Rules of Professional Conduct Rule 1.05 to
consult with attorneys concerning litigation including, but not limited to, the
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cases of City of Ingleside v. City of Corpus Christi, including potential
consideration of settlement offers and/or fees for attorneys, engineers,
and other expert witnesses assisting in defense of action(s) and updates
on litigation in other cases.
Mayor McComb referred to Item 25 and the following motion was
considered:
Motion to authorize the City Manager or his designees to execute an
amendment to the Professional Services Agreement with Chaves Obregon&
Perales LLP to provide for up to$25,000 additional funds for representation in
the lawsuit of City of Ingleside v.City of Corpus Christi,including appeals of
any rulings therein.
Council Member Guajardo made a motion to approve the motion,seconded by
Council Member Barrera. 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 Molina,
Council Member Roy and Council Member Smith
Absent: 1 - Council Member Hunter
Abstained: 0
Enactment No: M2019-098
26. Executive Session pursuant to Texas Government Code§ 551.071
and Texas Disciplinary Rules of Professional Conduct Rule 1.05 to
consult with attorneys concerning legal issues related to the City's
contracts related to waste management, handling, and disposal and state
and federal regulations related to landfill management, disposal of solid
waste, and/or recycling, including but not limited to, the City's contracts
with Republic Services, Cefe Landfill Tx, LP, BFI Waste Services of North
America, Inc. and BFI Waste Systems of Texas, LP. and related entities,
and provisions related to mediation, arbitration, and termination of
agreements for the aforementioned functions.
This E-Session Item was discussed in executive session.
L. RECESS FOR LUNCH
The recess for lunch was held during Executive Session Items 25 and 26.
N. REGULAR AGENDA: (NONE)
O. FIRST READING ORDINANCES: (NONE)
P. BRIEFINGS: (ITEMS 22 -24)
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23. Short Term Rentals are rentals of overnight accommodation of less than
30 consecutive days and are subject to state and local hotel occupancy
tax (HOT).
Mayor McComb referred to Item 23. Assistant City Manager Keith Selman
presented information on the following topics: that the Texas Legislature did
not preempt the City of Corpus Christi regarding short-term rentals(STR);a
timeline to create an ordinance;that illegal activities cannot be taxed;
regulating STR;the the State of Texas has an agreement with Airbnb to pay
the State Hotel Occupancy Tax(SHOT);the amount of Hotel Occupancy Tax
(HOT)that could have been collected since the State of Texas began collecting
SHOT from Airbnb in 2017;that equity is needed among hotels,which collect
SHOT and HOT,other STR providers that are currently not required to collect
HOT;and that City staff will be looking at the zoning designations in which STR
will be allowed and the licensing and permitting side as well.
Council members,Assistant City Manager Selman,Chief Executive Officer of
the Corpus Christi Convention and Vistors Bureau Paulette Kluge and General
Counsel for the Texas Hotel and Lodging Association Justin Bragiel discussed
the following topics: taxes to be collected;quality of life issues in relation to
where STR are allowed in the city;the legality of STR currently operating in
the city; prohibiting STR in single-family residences;allowing STR in
multi-family residences;the definition of STR;equitable tax collections;
policing of STR;fining people for operating STR in the city;designating in
which zoning districts STR will be allowed;the use of special permits to
impose restrictions/conditions;other communities'best practices; if STR are
required,by city ordinance,to pay HOT;the need to define STR in the city's
ordinance in order to collect HOT; if STR that are paying SHOT,operating
illegally if they are not paying HOT;the state statute relating to HOT;voluntary
collection agreements used by STR companies;the registration process for
STR; STR in relation to private property rights;the growth of STR in Corpus
Christi;a holistic approach to addressing STR; health and safety concerns
related to STR being located in single-family neighborhoods;the timetable for
addressing STR;that HOT should be collected by STR in Corpus Christi;the
Corpus Christi STR Taskforce's November 2018 recommendation to Council to
pursue the creation of an ordinance addressing STR in the city;the need to
address this issue quickly;the legalities of taxing STR under state statute
versus in which zoning classifications within the city STR are allowed to
operate;and that protecting neighborhoods is important.
24. Unified Development Code Evaluation including the recommendations
for the amendments and providing next steps in a multi-phased program
to amend the Unified Development Code.
Mayor McComb referred to Item 24. Director of Development Services Nina
Nixon-Mendez presented the following information: background relating to the
Trust Fund Audit Report presented to City Council by the City Auditor in which
it was recommended that the City increase the clarity of the Unified
Development Code(UDC)by revising/replacing it to include language that is
easily readable,understandable and interpretable;that the City's current UDC
was adopted in 2011; background on the development of the current UDC;that
Kendig Keast Collaborative(KKC)was hired in September of 2018 to evaluate
the UDC;the City's development process goals;that KKC's report reflects input
from six city boards and commissions and fifteen industry and community
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groups,members of the general public and staff representing several city
departments; and a history of the Development Services Department's use of
enCodePlus software and its functionality.
Chief Executive Officer of KKC Bret Keast presented information on the
following topics: an overview; background,including known issues from the
Request for Proposal and public engagement;evaluation structure;summary
of recommendations;and next steps.
Council members and Mr.Keast discussed the following topics: that the City's
sign ordinance must be content neutral per a recent U.S.Supreme Court
ruling;reducing the number of and consolidating zoning districts;and the
overall pattern of development in the city.
Director Nixon-Mendez presented information on next steps relating to minor
and major amendment timelines; related staffing;outreach;and drafting of
amendments.
Council members and Director Nixon-Mendez discussed the following topics:
City Charter considerations;syncing regulations in the Code of Ordinances and
UDC; imposing a tax on septic system users following a grace period during
which they would be required to connect to city wastewater services;
limitations on the imposition of taxes by the Texas Constitution;extending the
enCodePlus software license;the best way to address changes to the City's
Code of Ordinances and UDC;costs associated with inefficiencies in the current
UDC and existing ordinances;streamlining internal processes;the time
necessary to effect the needed changes;the difficulty for developers of doing
business with the City due to the current UDC and ordinances;the urgency of
this item;the scope of the UDC/City Ordinance review;the cost of hiring KKC to
perform the work;that Council needs timely and accurate information;
addressing what is creating the greatest difficulty for developers;and a
timeline to effect the requisite changes to the UDC and Code of Ordinances.
Q. EXECUTIVE SESSION: (ITEMS 25 -27)
Mayor McComb referred to Executive Session Items 27.The Council went into
executive session at 4:32 p.m.The Council returned from executive session at
5:02 p.m.
27. 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, industrial district agreements, agreements pursuant to
Texas Local Gov't Code Chapter 212, 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 the proposed Gulf Coast Growth Ventures' chemical
manufacturing facility in San Patricio County), economic development
agreements relating to property currently or formerly owned by
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Voestalpine, Chemours, Occidental Petroleum, Corpus Christi (CC)
Alumina, Corpus Christi Liquefaction, LLC, and other entities, existing
and proposed industrial facilities in San Patricio County and Nueces
County that are and/or will be consumers of water, wastewater, and other
services, connections to the Mary Rhodes Pipeline for facilities to supply
water to entities in San Patricio County, legislation recently approved by
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.
R. IDENTIFY COUNCIL FUTURE AGENDA ITEMS
Mayor McComb referred to Identify Council Future Agenda Items. The
following items were identified: beach cleanup and maintenance;and the
review of the City Charter.
S. ADJOURNMENT
The meeting was adjourned at 5:03 p.m.
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