HomeMy WebLinkAboutMinutes City Council - 09/24/2019 _.,013S Com`
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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 September 24, 2019,
which were approved by the City Council on October 29, 2019.
WITNESSETH MY HAND AND SEAL, on this the 18th day of November 2019.
1 &U4L?7L41
Re ecca Huerta
City Secretary
Corpus Christi, Texas
(S E A L)
City of Corpus Christi
Rebecca Huerta, City Secretary
P.O. Box 9277
Corpus Christi,Texas 78469-9277
(361)cca8cctexa 5 SCANNED
rebeccah�a7cctexas.corn
City Citof Corpus Christi 1201 Leopard Street
`7 Corpus Christi,TX 78401
cctexas.com
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/ Meeting Minutes
City Council
Tuesday,September 24,2019 11:30 AM Council Chambers
Addendums may be added on Friday.
A. Mayor Joe McComb to call the meeting to order.
Mayor McComb called the meeting to order at 11:33 a.m.
B. Invocation to be given by Deacon Fred Castillo, Our Lady of Perpetual Help
Catholic Church.
Deacon Fred Castillo gave the invocation.
C. Pledge of Allegiance to the Flag of the United States and to the Texas Flag to be
led by David Lehfeldt, Interim Director, Solid Waste Services.
Mr.David Lehfeldt 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.
Present: 9- Mayor Joe McComb,Council Member Roland Barrera,Council Member Rudy
Garza,Council Member Paulette Guajardo,Council Member Gil
Hernandez,Council Member Michael Hunter,Council Member Ben
Molina,Council Member Everett Roy, and Council Member Greg Smith
E. Proclamations/Commendations
1. Proclamation declaring September 28, 2019, "Coastal Bend Walk'n Roll
Celebration for Disability Awareness Day".
Proclamation declaring October 1, 2019, "National Night Out".
Proclamation declaring October 18, 2019, "Coastal Bend Day of Pink".
Proclamation declaring October 2019, "National Childhood Cancer
Awareness, 'Heroes in Disguise' Month".
Commendation for Astros, International Westside (IWS) Shetland
Baseball, Corpus Christi, Texas.
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Swearing-In Ceremony for Newly Appointed Board, Commission,
Committee and Corporation Members.
Mayor McComb presented the proclamations,the commendation and
conducted the swearing-in ceremony.
F. PUBLIC COMMENT-APPROXIMATELY 12:00 P.M. 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 Communication department at
361-826-3211 to coordinate. This is a public hearing for all items on this agenda.
Mayor McComb 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.
Malachy McGreevy,210 S.Alameda St.,spoke regarding intervention related
to homelessness in relation to Item 5. Tony Reyes,Director/Founder of Mission
911,spoke regarding services offered by his organization in relation to
homelessness and in support of Item 5. Kristy Jackson,14937 Dasmarinas,
spoke regarding the Veterans'Suicide Prevention Summit on October 1,2019
from 8:30 a.m.-11:00 a.m.at Del Mar's Economic Development Center,Room
106. Victor Pfan,920 Park Ave.;Bibi Dalrymple,2925 Denver Ave.;Judith
Reader,213 Graham Rd.; Larry Jordan,213 Graham Rd.;Susie Luna Saldana,
4710 Hakel;and Carrie Robertson Meyer,4401 Gulfbreeze Blvd.,spoke in
support of Item 5. Angela Leach,5014 Lethaby Dr.;Sylvia Campos,4410 Fir
St.;Julie Rogers,710 Furman Ave.;Mimosa Thomas,710 Ponder; Ray Madrigal
de Pancho Villa,4253 Dody St.; Ryan Hanisch,334 Southern St.;Rozan Garcia;
and Sister Rosa Maria Ortiz of the Incarnate Word and Blessed Sacrament
spoke in opposition to Item 5. Patty Clark,6714 Sahara,Chief Executive Officer
of Metro Ministries,spoke regarding free services available through Metro
Ministries. Rob Bailey,4602 Jarvis St.,Ethics Commission Member,thanked
Senior Assistant City Attorney Lisa Aguilar for her work on Ethics Commission
related matters. Margareta Fratila,3606 Tripoli Dr.,spoke regarding
investment in and the economic impact of North Beach. Jenny Cantu,1546 S.
Brownlee Blvd.,with the Nueces Center for Mental Health and Intellectual
Disabilities(NCMHID),spoke regarding services offered by NCMHID to
individuals who are homeless.
G. 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:
a. OTHER
1) The City will soon have a three-person homelessness and affordable
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housing team;Mr.Zanoni introduced graduate student Emily Schaffer who will
be on the team;and that the City is collecting responses from Mayor McComb's
recent letter to agencies who serve individuals who are homeless regarding
the services each of those agencies offers. 2)The City recently received an
upgraded bond rating which results in a lower cost of debt and has resulted in
substantial savings on recently issued Utility System Junior Lien Debt.3) The
Airport recently received a grant from the United States Department of
Transportation/Federal Aviation Administration to upgrade asphalt aprons to
concrete. 4) City Manager Zanoni provided an update on the construction of
Everhart,between South Padre Island Drive and Holly Road;wastewater
improvements;the relocation of related bus stops;and that the City will send
affected businesses regular e-mail updates during construction. 5) Update
sessions between the City Council and City-appointed Port Commissioners will
continue,on a quarterly basis,with the next one scheduled for November 2019;
and that a Port Commissioner's term is expiring December 31,2019. 6) City
Manager Zanoni will be meeting with the mayor,mayor pro tem and city
manager of Port Aransas to develop a strong and beneficial working
relationship. 6)Director of Communication Kim Womack was recognized as
having completed the Master of Public Information Officer certification
program through the Federal Emergency Management Agency/United States
Department of Homeland Security.
H. MINUTES:
2. Regular Meeting of September 17, 2019 and Special Meeting of
September 6, 2019.
Mayor McComb referred to approval of the minutes. A motion was made by
Council Member Garza,seconded by Council Member Guajardo,that the
Minutes be passed.The motion carried by a unanimous vote.
BOARD &COMMITTEE APPOINTMENTS: (NONE)
J. EXPLANATION OF COUNCIL ACTION:
K. CONSENT AGENDA: (ITEMS 3 -4, 6 -7, 9 - 15 and 17)
Approval of the Consent Agenda
Mayor McComb referred to the Consent Agenda. Council members requested
that Items 5,8,and 16 be pulled for individual consideration.
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
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3. Ordinance amending the Unified Development Code pursuant to the
annual review process to allow automated carwashes in Neighborhood
Commercial zones with limitations, allow heavy vehicles service as
accessory use for vehicle sales with limitations, allow aggregate storage
at plant retail with limitations, allow crematorium at funeral homes with
limitations, apply above ground fuel storage maximum for water-oriented
accessory use to all commercial districts except neighborhood
commercial and office neighborhood zones, require a minimum side yard
of not less than 10 feet, or less than adjacent lot's front or rear yard for
corner lots, allow townhomes in Multifamily 3 Districts, remove minimum
site area requirement for townhome district, clarify accessory building
structures total square footage limitation of 50% of the main principal
structure total square footage, and allow administrative adjustment for
minimum setback under certain conditions; and providing for penalty.
This Ordinance was passed on second reading on the consent agenda.
Enactment No: 031877
4. Ordinance amending the Unified Development Code in response to
Texas Legislative changes to modify definition of industrial housing,
modify historic landmark or Historic Overlay District designation
regulations including consent and notice requirements, modify zoning
board of adjustment regulations including reducing the time to appeal,
and eliminate building material requirements for cottage housing,
facades, roofs, and island overlay; and providing for penalty.
This Ordinance was passed on second reading on the consent agenda.
Enactment No: 031878
6. Ordinance authorizing five-year concession and lease agreements for
on-airport rental car services with Coastal Bend Rent-A-Car, Inc. dba
Avis Rent A Car and South Texas Auto Rental Services, LLC dba Budget
Rent A Car; EAN Holdings, LLC, dba Enterprise Rent-A-Car; EAN
Holdings LLC, dba, Alamo Rent-A-Car and National Car Rental; Hertz
Corporation dba Hertz; and DTG Operations, Inc., dba Dollar Rent a Car
and Thrifty Car Rental in consideration for the greater amount of a
concession fee equal to 11% of each concessionaire's annual gross
revenues or the minimum annual guarantee amount defined in the
agreement.
This Ordinance was passed on second reading on the consent agenda.
Enactment No:031880
7. Ordinance amending and increasing Fiscal Year 2019 revenue and
expenditure appropriations in the Stores Fund by$1,200,000.00 each -
from $2,800,000 to$4,000,000 -for increased purchases of
merchandise in the City's Warehouse.
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This Ordinance was passed on second reading on the consent agenda.
Enactment No: 031881
9. Ordinance authorizing a Water Distribution Main Extension Construction
and Reimbursement Agreement with NP Homes LLC to extend lines from
Rand Morgan Road and McNorton Road for a planned residential
subdivision, for a term not to exceed six months from the execution of the
agreement; appropriating $40,537.20 from the Water Distribution Main
Trust Fund to reimburse developer. (District 1)
This Ordinance was passed on second reading on the consent agenda.
Enactment No: 031883
10. Motion authorizing a one-year service agreement for an amount not to
exceed $2,500,000.00, with stHealth Benefit Solutions, LLC, dba Stealth
Partner Group and Sun Life Assurance Company of Canada, to provide
stop loss coverage for the City's self-funded employee health benefits,
beginning October 1, 2019 to September 30, 2020, with funding
available in the FY 2020 Fire, Police and Citicare Employee Health
Funds.
This Motion was passed on the consent agenda.
Enactment No: M2019-149
11. Motion authorizing a purchase from Caldwell Country Chevrolet for three
2020 Chevrolet Sparks to be used for Solid Waste Code Compliance
inspectors, in an amount not to exceed $57,085.15, effective upon
issuance of a letter of acceptance, with funding available in the Fleet
Maintenance Service Fund.
This Motion was passed on the consent agenda.
Enactment No: M2019-150
12. Motion authorizing a purchase from Rush Truck Centers of Texas, L.P. of
two Peterbilt 520 chassis with New Way side loading refuse trucks, for
Recycling and Refuse Collection Division of Solid Waste Services for
vehicle replacement in an amount not to exceed $681,394.00, effective
upon issuance of a letter of acceptance, with funding available in the
General Fund FY 2019 Solid Waste Services Operating Budget.
This Motion was passed on the consent agenda.
Enactment No: M2019-151
13. Motion authorizing a lease-purchase from Rush Truck Centers of Texas,
L.P., for the purchase of six Peterbilt 520 chassis with New Way side
loading refuse trucks for Recycling and Refuse Collection Division of
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Solid Waste Services for vehicle replacement in an amount not to exceed
$2,270,890.11, effective upon issuance of a letter of acceptance, with the
first-year funding in the amount of$453,978.00 available in the General
Fund, beginning in Fiscal Year 2020.
This Motion was passed on the consent agenda.
Enactment No: M2019-152
14. Resolution authorizing a three-year service agreement with Franklin
Energy Services, LLC for the WaterWiseTM Education Program, a water
and energy efficiency education program for 5th grade students in the
Corpus Christi Independent School District beginning in the academic
school year of 2019-2020, for an amount not to exceed $26,400.00 for
the first year, and $21,900.00 each year for the following two years for a
grand total not to exceed $70,200.00, effective upon issuance of notice to
proceed, with the first-year funded through the Water Fund.
This Resolution was passed on the consent agenda.
Enactment No:031884
15. Motion awarding a construction contract to Terrapure Environmental
(Environmental Solutions) of Tonawanda, New York for dredging,
dewatering, and disposal of residuals from O.N. Stevens Water
Treatment Plant (ONSWTP) Lagoons 5 and 6, in City Council District 1,
in the amount of$1,799,550, effective upon issuance of notice to
proceed, with funding approved and available in Water Operating
Budget.
This Motion was passed on the consent agenda.
Enactment No: M2019-153
17. Motion awarding a contract to Grace Paving and Construction, Inc. for the
Minor Street Improvement Indefinite Delivery/Indefinite Quantity (IDIQ)
program for an amount up to $4,600,000 for the base year with two (2)
optional one-year administrative renewals for a total contract value up to
$13,800,000, upon issuance of notice to proceed with funding approved
and available from the Street Operating budget and Capital Improvement
Program budget.
This Motion was passed on the consent agenda.
Enactment No: M2019-155
5. Ordinance amending Chapter 36 of the City Code to add section 36-14
to prohibit lying down, smoking, vaping, eating, and possessing blankets,
pillows, mattresses, cardboard, tarps, sleeping bags, bedding, stoves,
cooking devices, shopping carts, wagons, within Blucher Park; changing
closing time from 10:00pm to 8:00pm for said park; and providing for
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fines.
Mayor McComb referred to Item 5.
Council members discussed the following topics: the length of time Item 5 has
been worked on;deed restrictions from the original grantor;the reversion
clause in the deed;the history of the conveyance of the Memorial Hospital
property;a contractual/legal obligation to protect Blucher Park;that the
proposed ordinance bans behavior,not people;having compassion for
individuals who are homeless; homeless individuals'access to safe living
conditions;and the creation of a homeless initiative within the City.
Council Member Molina made a motion to table the ordinance,which died for
lack of a second.
Council members discussed the following additional topics: a council member
having been homeless during his lifetime;the shame of homelessness;that the
proposed ordinance is specific to Blucher Park;encouraging donation of time
and money to homeless organizations;that Blucher Park is more a nature
preserve than a park;the need to make progress on homeless issues; mental
health issues related to homelessness;requests made to council members by
the public to table this item;the need for a road map on homeless issues
moving forward;past discussion regarding the location of agencies that serve
the homeless and regarding panhandling;current outreach efforts by agencies
who serve homeless individuals;the upkeep of Blucher Park and its use as a
bird sanctuary;and low-cost housing.
Mayor McComb called for comments from the public. Karen Smith,President
of the Audubon Outdoor Club,complimented the City's Parks and Recreation
Department for their work at Blucher Park;and spoke regarding the expiration
of the original deed and how Blucher Park is different from other City parks.
Mimosa Thomas,710 Ponder,spoke regarding postponing a vote on this
ordinance;questioned the urgency to pass this ordinance now; homeless
individuals not having a safe place to go; requested time to work on a solution
so no person is endangered by this ordinance;and the very limited outreach
made by the City during the development of this proposed ordinance.
Council Member Roy made a motion to approve the ordinance,seconded by
Council Member Smith. This Ordinance was passed on second 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
Enactment No: 031879
L. RECESS FOR LUNCH
Mayor McComb deviated from the agenda and referred to Recess for Lunch.
The Council recessed for lunch at 1:46 p.m.The Council returned from its
recess for lunch at 2:20 p.m.
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K. CONSENT AGENDA: (ITEMS 8& 16)
8. Ordinance authorizing a Water Distribution Main Line Extension
Construction and Reimbursement Agreement with Esther Ybarra to
extend a line to a planned residential property located at 7541 Weber
Road for a term not to exceed 12 months; appropriating $101,950.24
from the Water Distribution Main Trust Fund to reimburse developer.
(District 3)
Mayor McComb referred to Item 8.
Council members,Utilities Department Engineer V Gabriel Hinojosa,
Development Services Department Contract/Funds Administrator Michael
Johnston,City Attorney Miles K.Risley and Director of Development Services
Al Raymond discussed the following topics:a previous exemption from
wastewater request for this property;that the subject property is not in any
master planned area nor is an extension of wastewater to the area currently
planned;requirements to petition for a waiver of wastewater fees;proximity of
the nearest wastewater lift station;that the proposed water distribution main
line extension will encourage development in the area of the subject property;
availability of wastewater in the area of the subject property;the distance,
within which,the Unified Development Code(UDC)requires connection to City
water and wastewater;offsite reimbursement as specified in the UDC;
encouraging development in a crash zone adjacent to an airfield runway; Air
Installation Compatible Use Zones(AICUZ)in relation to zoning of the subject
property; how the water reimbursement is collected for this particular type of
scenario and changes related to interpretation;what a purpose clause is and
its purpose in relation to an ordinance;Council's discretionary authority to
enter into the proposed agreement;the need to address the fairness,
equitableness and consistency of managing requests for reimbursement from
Trust Funds;fire service protection for the subject property; industrial sites near
the subject property;development of residential property near the nearby
airfield;and buying out lands near the airfield.
Mayor McComb called for comments from the public. Chip Urban,2725
Swantner,with Urban Engineering,spoke regarding the criteria to meet when
requesting reimbursement from the Trust Fund and that the subject request for
reimbursement for the water line does not meet the intent of the ordinance.
Murray Bass,3054 S.Alameda,with Bass-Welsh Engineering,spoke regarding
fees paid related to small-and large-tract subdivisions;what some property
owners receive/do not receive in exchange for paying fees;that approval of
this item will make City water available for future development of the area;the
definition of a"developer"in the UDC and developers'ability to access Trust
Fund monies;and achieving consistency and accountability related to the
accessing of monies in the Trust Fund.
A council member discussed whether this Item meets the criteria for
reimbursement from the City's Trust Funds and meeting with the local builders'
association in relation to developing a plan for accessing Trust Fund monies.
Council Member Barrera made a motion to approve the ordinance,seconded
by Council Member Garza. This Ordinance was passed on second reading and
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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: 031882
16. Motion awarding a contract to A. Ortiz Construction & Paving, Inc. for
reconstruction of seven (7) residential streets with asphalt pavement and
underground utility improvements in the amount of$5,883,387.45,
effective upon issuance of notice to proceed, with funding available from
the Residential Street Reconstruction Fund. The Residential Street
Reconstruction Project(RSRP)will impact City Council Districts 1, 4 and
5.
Mayor McComb referred to Item 16.
Council members and Director of Engineering Services Jeff Edmonds discussed
the following topics: timeline and how work will be undertaken;the impact on
residents;a plan for construction packages so that small contractors have an
opportunity to bid;a council member's request that certain streets in City
Council District 5 be included;and the linear distance of work to be completed.
Council Member Hernandez made a motion to approve the motion,seconded
by Council Member Hunter. This Motion 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: M2019-154
M. PUBLIC HEARINGS: (ITEM 19)
Mayor McComb referred to Public Hearings. City Secretary Rebecca L.Huerta
announced that Item 18 would be considered under First Reading Ordinances.
19. Ordinance amending the Urban Transportation Plan map of MobilityCC,
a transportation element of the City's Comprehensive Plan, to remove the
extension of Carroll Lane from Wickersham Drive to Kostoryz Road on
the south/east side of the Kostoryz/Carroll Drainage Ditch as requested
by Corpus Christi Independent School District and related to the
development of a new high school campus. (Council District 3)
Mayor McComb deviated from the agenda and referred to Item 19.
Director of ESI and Planning Daniel McGinn stated that the purpose of this item
to to amend the Urban Transportation Plan by removing a portion of the
proposed Carroll Lane collector street on the site of a proposed new high
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school.
Director McGinn presented information on the following topics: subject area;
current transportation plan,proposed amendment;strategic plan for active
mobility;site development plan;traffic signal spacing issues;and
recommendation.
Mayor McComb opened the public hearing. Rolando Garza,8200 Leopard St.,
spoke regarding proper planning for development of the area;and the City
independently evaluating potential traffic congestion issues.
A council member stated that the Planning Commission and the Transportation
Advisory Commission recommend approval.
Mayor McComb closed the public hearing.
Council members and Director McGinn discussed the following topics: the
validity and accuracy of Corpus Christi Independent School District's(CCISD)
past traffic analyses;access to the proposed campus from two streets versus
from three streets,including from Kostoryz;the irrevocability of the City giving
up its right-of-way,as requested by CCISD; keeping the right-of-way; not having
confidence in CCISD's traffic analysis;the timeline to build out Wickersham
and Norchester;coordination between CCISD and the City;the current time
associated with traffic delays versus time associated with traffic delays once
the new high school is built;traffic congestion associated with Most Precious
Blood Catholic Church;the effect signalization of an intersection has on traffic;
the importance of communication between CCISD and the City;CCISD properly
staging traffic for school drop offs and pick ups;the City cooperatively and
jointly addressing,with CCISD,unanticipated problems related to their
proposed new campus;the use of traffic demand models; prioritization of
roads;the timeline and funding for installation of the traffic signals at the
Kostoryz-Masterson intersection;traffic and safety issues encountered during
the recent construction of another CCISD school;the City working with CCISD
and the Texas Department of Transportation regarding traffic flow in the
subject area;continued development along Saratoga Blvd.;that traffic lights
along Saratoga Blvd.need to be properly synchronized;the impact of the City
giving up property from the planned high school's property line to Wickersham
and that the addition of an additional point of ingress I egress,via a private
drive,in that area is not desired or planned by CCISD;access to the high
school's sports fields;traffic calming strategies;pedestrian friendliness in and
around the high school campus;safety concerns;reviewing traffic mitigation
strategies with an eye toward safety;that security is cited as the reason for a
limited number of ingress and egress points to the high school;that access to
sports fields from Kostoryz is proposed to be eliminated;the size of the
proposed hike-and-bike trail,its accessibility to the high school and the
proposed access points to the hike-and-bike trail from the high school;the
proposed extension of Carroll Lane and the location of a traffic signal thereon;
the location of the proposed fence in relation to the ditch;access to Masterson
from the proposed high school;the number of driveways into the high school
campus from Saratoga Blvd.and Kostoryz Rd.;current traffic problems related
to Galvan Elementary;the plan regarding emergency service access to the
rear of the campus;and the high school's planned perimeter fencing.
Council Member Barrera made a motion to approve the ordinance,seconded
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by Council Member Hunter. 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 Hunter, Council Member Molina,
Council Member Roy and Council Member Smith
Nay: 1 - Council Member Hernandez
Abstained: 0
N. REGULAR AGENDA: (NONE)
O. FIRST READING ORDINANCES: (ITEMS 18, 20&22)
18. Ordinance authorizing a Water Arterial Transmission and Grid Main
Construction Reimbursement Agreement, a Water Distribution Main Line
Construction Reimbursement Agreement, and a Wastewater Collection
Line Extension Construction Reimbursement Agreement with Dorsal
Development LLC to extend a grid main line along Yorktown Boulevard,
extend a wastewater collection line from lift station number 13 located
near Master Channel 31 and Slough Road, and install offsite water
distribution and wastewater collection lines for a planned residential
subdivision with completion dates of October 30, 2020; appropriating
$147,999.99 from the Water Arterial Transmission & Grid Main Trust
Fund, $43,010.00 from the Water Distribution Main Trust Fund, and
$139,341.76 from the Sanitary Sewer Collection Line Trust Fund to
reimburse developer per agreements. (District 5)
Mayor McComb referred to Items 18 and 20-22. A council member requested
that Item 21 be pulled for individual consideration.
Mayor McComb referred to Item 21. A council member and City Attorney Miles
K.Risley discussed the following topics: that negotiations on this item,with
AEP,have spanned more than a year;that,because this is an amendment to a
franchise agreement,the agreement,itself,is the ordinance;and that this
amendment is necessary to correct administrative errors in the previously
approved agreement.
A council member announced his intent to vote"No"on Item 21.
Council Member Barrera made a motion to approve Items 18,20 and 22,
seconded by Council Member Hunter. These ordinances were passed on first
reading and approved by one 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
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20. Ordinance accepting a donation from NuStar Energy L.P. to be used for
the purchase of smoke detectors in the amount of$1,400; and
appropriating the funds into the Fire Grant Fund.
This Ordinance was passed on first reading and approved by one vote(see
Item 18).
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
22. Ordinance to amend City Code of Ethics regarding Financial Disclosure
forms as recommended by the Ethics Commission to allow electronic
filing in lieu of paper filing, to include statement regarding conflict of
interests, to shorten candidate deadline for filing financial disclosure
report from 5 days to 3 days within filing for office, to allow for unsworn
declaration, to allow for shortened report if no changes since last
complete report, and to change filing date from last Friday in April to last
Friday in March.
This Ordinance was passed on first reading and approved by one vote(see
Item 18).
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. Ordinance to adopt modified franchise ordinance with AEP Texas, Inc. to
fix administrative errors in ordinance adopted on August 13, 2019.
Mayor McComb referred to Item 21 (see Item 18).
Council Member Garza 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: 8- Mayor McComb, Council Member Barrera, Council Member Garza, Council
Member Guajardo, Council Member Hunter, Council Member Molina,
Council Member Roy and Council Member Smith
Nay: 1 - Council Member Hernandez
Abstained: 0
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City Council Meeting Minutes September 24,2019
P. BRIEFINGS: (NONE)
Q. RECESS TO BUILDING STANDARDS BOARD APPEAL: (ITEM 231
Mayor McComb recessed the city council meeting to the Building Standards
Board Appeal at 3:53 p.m.
The Appeal will proceed using the following format:
23. Consideration of an appeal filed by Ms. Alma Leticia Suazo of the
Building Standards Board's Decision to require demolition of the
substandard structure on property located at 5029 Williams Drive in City
Council District 3.
City Secretary Rebecca L.Huerta announced that the city council will now
serve as a quasi-judicial body to consider an appeal of a Building Standards
Board's decision.
a. Statement of Facts: Code Compliance Officer Diana Garza presented the
Statement of Facts for 5029 Williams Drive: photographs of violations during
the initial inspection on July 10,2018;the building was deemed substandard;
that a notice of violation was sent to the owner providing for 30 days to bring
the property into compliance;the owner's failure to meet the August 26,2018
compliance deadline;Code Enforcement filed a complaint with the Building
Standards Board(BSB)on September 13,2018;the case was presented to the
BSB on September 27,2018;the BSB gave the owner 30 days to submit a full
set of construction plans to the City for approval;the owner did not submit any
plans;on November 28,2018,due to the substandard and dilapidated condition
of this residential accessory structure,the BSB declared it to be a hazard to the
health,safety and welfare of the public and the BSB ordered the structure to
be removed or demolished by the owner,lienholder or mortgagee within 30
days and,if demolition was not started and completed as required,then the
City would be authorized to demolish the structure;as per Section 13-24 of the
City's Code of Ordinances,an owner or occupant may appeal a decision of the
BSB to City Council;Alma Leticia Suazo submitted a notice of appeal,in
writing,on December 12,2018,within 30 days of the BSB's decision;the
property's history,including having been brought before the BSB on two
separate occassions;the structure was first inspected by Code Enforcement on
October 1,2014 in response to a complaint received by Code Enforcement
regarding a substandard building;two structures were observed on the
property at that time;Ms.Suazo hired a contractor to renovate the structure,
but the contractor did not complete the work;on March 21,2011,Ms.Suazo
was issued a permit to build a new residence on the property;on May 5,2011,
Ms.Suazo obtained a demolition permit for full demolition of the substandard
structure,however,Ms.Suazo did not demolish the structure;on November 17,
2014 a notice of violation was mailed to and received by the owner providing
30 days to comply by December 21,2014;due to noncompliance,a complaint
was filed with the BSB on July 10,2015;on August 20,2014,the case was
presented to the BSB and the owner was granted an extension to meet with
the Development Services Department staff and the case was tabled to the
next meeting;on September 24,2018,the case was presented to the BSB and
the owner was granted a second extension to meet with Development Services
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Department staff and return with detailed plans to repair,at the next BSB
meeting;on November 19,2015 the case was presented to the BSB,the owner
did not return with detailed plans for repairs or cost of repairs;the BSB
ordered as follows,1)the structure was to be repaired within 90 days and be in
compliance with City Ordinance Section 13-22(g),2)the City would demolish
the building if the action ordered is not taken within the alloted time and 3)the
owner was to provide a progress report at the next hearing;on January 28,
2016,Ms.Suazo appeared before the BSB and reported no progress on repairs;
the BSB announced that the order would not be amended and the owner was
still required to comply with the original order to repair the structure by
February 17,2016; on March 8,2016,a general residential repair permit was
pulled for the property at 5029 Williams Drive;on May 6,2016,Ms.Suazo
informed Code Enforcement that she was almost done with foundation repairs
to the substandard structure;on August 10,2016,a letter was sent to Ms.Suazo
informing her the City would proceed with demolition due to non-compliance
with the BSB's order to repair within 90 days,however,demolition was not
completed due to instructions from a Code Enforcement supervisor to not
proceed with the demolition;as time passed no further repairs were made to
the substandard structure and a BSB member questioned the status of the
demolition of the substandard structure;due to the amount of time that had
passed from the original BSB order and verbal instructions that conflicted with
the original BSB order,a new case was started on the substandard structure to
allow time for the owner to get the property in compliance.
b. Appellant's Oral Presentation of Written Noitice of Appeal: Gregorio
Esparza,on behalf of Alma Leticia Suazo,presented the Appellant's Oral
Presentation of Written Notice of Appeal: a contactor was secured to remodel
the subject structure;the contractor stole$22,000 from Ms.Suazo after gutting
the property;Ms.Suazo had to,therefore,find another place to live;Ms.Suazo
obtained permission to build a house on the property,behind the subject
structure; initially,the structure was to be demolished;in 2013,Ms.Suazo
obtained an certificate of occupancy on the new residence constructed behind
the subject structure; in 2015 Ms.Suazo met with Development Services
Department staff,obtaining permission to reverse the BSB's first ruling; being
allowed to proceed with remodeling the subject structure;Ms.Suazo is
employed by the Corpus Christi Independent School District;Ms.Suazo has
paid off her home and no property taxes are owed;Ms.Suazo's dream was to
convert the subject structure into a rental property;the foundation has been
completed;Ms.Suazo received a letter from a Code Enforcement official
informing her that she could proceed with repairs on the subject structure;Ms.
Suazo received a letter from the City in 2018 informing her that her case had
been opened again;in 2017,progress on repairs to the subject structure was
slowed down due to Ms.Suazo having to invest funds into repairing the home
she is living in,on the property,due to damage it sustained from Hurricane
Harvey;in 2018,Ms.Suazo was notified she had to tear down the subject
structure;that the subject property is secured and well maintained;permission
was previously granted by the City to remodel the subject property and the
contradiction between that permission and later instructions from the City that
the subject property was to be demolished;and efforts to date to pull permits
for the subject structure.
c. Public Hearing: Rolando Garza spoke regarding the value of the property;
that property taxes are paid up on the property;maintenance of the property;
and the City's denial of a request for a permit for the property. Joe Ortiz,3178
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Mendenhall Dr.,spoke regarding the City having denied a request for a permit
to continue performing repairs on the structure,including that the City denied
a request for a re-roofing permit.
A council member,Assistant City Attorney Yvette Aguilar,and Building Official
Gene Delauro discussed the following topics: if permits can be pulled for
repairs after an order to demolish has been issued by the BSB;details
regarding the case timeline and zoning restrictions applicable to the property;
efforts the Development Services Department made toward allowing both
structures to remain on the property;the amount of time the BSB can grant,
per state statute,to repair a structure;the number of times this structure has
been before the BSB;when Mr.Ortiz applied for a permit;the timing of
permits;a previous authorization to make repairs issued by the Development
Services Department;the Appellant's previous financing issues;the square feet
of the residence in which Ms.Suazo currently lives;providing Ms.Suazo an
additional 90 days to complete repairs;and that the subject of this appeal is
solely based on whether or not the BSB made an error in their decisions.
d. City Staff Response: Assistant City Attorney Aguilar presented the City Staff
Response: relevant laws;application of facts I information to relevant laws:
error,undue hardship,and manifest injustice;and final action.
e. Council Action: council members,Assistant City Attorney Aguilar,Mr.Ortiz,
and Building Official Delauro discussed the following topics: what does and
does not constitute"undue hardship"and related case law;what type of
financing is in place to fund needed repairs to the structure;the estimated cost
of repairs;if the needed monies are on-hand;current zoning requirements with
respect to possible uses for the subject structure; possible changes to the
property's zoning designation;the spirit of the City Code;a timeline for
replatting and rezoning the property;whether or not the subject structure
poses a threat to public safety;the economics of rehabing a building;the
capacity of the Appellant to get the needed work done;that this appeal is to be
decided based on whether or not the BSB made an error;the BSB having
afforded the Appellant the time allowed by law;the Appellant's ability to meet
timelines;whether or not the BSB was aware that the Appellant does not
communicate well in English;that communications from the City,sent to the
Appellant,were in English;that the City issued a permit for the foundation of
the subject structure on March 8,2016;if Hurricane Harvey constituted a
hardship;monies invested to date in the foundation;that if repairs are made to
the subject structure,the structure would have to be brought in compliance
with current code;specifics and timeframes regarding demolition;the cost of
demolition;and that the Appellant has the option to demolish the subject
structure or remove it to a site outside the city limits.
Council Member Smith made a motion to approve the resolution,seconded by
Mayor McComb. This Resolution was passed and approved with the following
vote:
Aye: 5- Mayor McComb, Council Member Barrera, Council Member Guajardo,
Council Member Roy and Council Member Smith
Nay: 2- Council Member Garza and Council Member Hernandez
Absent: 2- Council Member Hunter and Council Member Molina
Abstained: 0
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Enactment No: 031885
R. RECONVENE COUNCIL MEETING:
Mayor McComb reconvened the city council meeting at 4:57 p.m.
S. EXECUTIVE SESSION: (NONE)
T. IDENTIFY COUNCIL FUTURE AGENDA ITEMS
Mayor McComb referred to Identify Council Future Agenda Items. A council
member enumerated various items he would like to see on a future agenda(s).
Council members discussed the following topics: the process for adding items
to a Council agenda;what can/should be communicated to Council by
memorandum versus adding an item to the Council agenda;and having City
Manager Zanoni make the decision as to whether Council should be updated
via a memorandum or by means of adding an item to a future Council agenda.
U. ADJOURNMENT
The meeting was adjourned at 5:05 p.m.
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