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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 October 29, 2019,
which were approved by the City Council on November 12, 2019.
WITNESSETH MY HAND AND SEAL, on this the 18th day of November 2019.
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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) 826-3105 SCANNED
rebeccah@cctexas.com
410-§-----N. Cit/ of Corpus Christi 1201 Leopard Street
., `7 Corpus Christi,Tx 78401
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110, _ Meeting Minutes
City Council
Tuesday,October 29,2019 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 11:32 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 Jim Davis, Director of Asset Management.
Mr.Jim Davis 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
Hemandez,Council Member Michael Hunter,Council Member Ben
Molina,Council Member Everett Roy, and Council Member Greg Smith
E. Proclamations/Commendations
1. Proclamation declaring October 10, 2019, " Real Men Wear Pink Day".
Proclamation declaring October 28-November 1, 2019, "Red Ribbon
Week".
Proclamation declaring November 2, 2019, "Face to Face Walk for
Memory Day".
Proclamation declaring November 2019, "50th Anniversary Month of
Freddie Records".
Commendation for K-Space Contemporary.
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The Proclamations and Commendation were presented.
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.
C.J.Johnson,509 S.Carancahua St.,spoke regarding shootings related to
mental health. John Powell,4634 Barnard Dr.,thanked a Council member and
certain City staff for their assistance resolving a concern relating to high water
bills; discussed an experience he had with political corruption;spoke in favor
of the Park Road 22 bridge and development of North Beach. The following
individuals spoke in support of creating a Tax Increment Reinvestment Zone
Number 4(TIRZ#4)on North Beach: Chris Kuehn,7038 Pharaoh; Robert
Ferguson, 1334 Sandpiper Dr.; Ron Graven,202 Surfside Blvd.;Gordon
Landreth, 1309 Sealane Dr.;Dee Dee Williams,325 Cape Cod;Ann Foote,4217
Gulfbreeze Blvd.;Steve Gomez,6630 Clarion Dr.; Barbara Sico, 19 Hewit Dr.;
Carrie Robertson Meyer,4401 Gulfbreeze Blvd.; Barbara Welder,202 Reef
Ave.;Nueces County Commissioner Carolyn Vaughn;Juan Cantu,3302 Surfside
Blvd.;Taylor Oldroid,4825 Everhart Rd.,on behalf of the Corpus Christi
Association of Realtors;and Jerry Bass,6722 Pharaoh. Margareta Fratila,3606
Tripoli Dr.,spoke regarding development and infrastructure on North Beach.
Peter Davidson, 1525 N.Shoreline Blvd.,thanked the City and City Departments
for maintaining the City of Corpus Christi. Chad Magill,641 Texas Ave.,spoke
regarding drainage and the canal option on North Beach;Susie Luna Saldana,
4710 Hakel,spoke regarding funding sources for the development of North
Beach;Ray Madrigal de Pancho Villa,4253 Dody St.;spoke regarding the
homeless at Leopard and N.Staples Streets;transporting the homeless to other
cities;concerns regarding the use of Lamar Elementary to house the homeless;
using Memorial Hospital to house the homeless;and the lateness with which
the police unit assigned to respond to individuals who have mental illness
responds. Gloria Scott,4422 S.Alameda St.,thanked Council for their recent
work on Blucher Park;and using Memorial Hospital to house the homeless.
Rolando Garza,8225 Leopard St.,spoke in opposition to re-purposing Lamar
Elementary to house the 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
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1)Provided an update on FY19/20 budget initiatives. 2)Discussed the status
and timeline to hire a new Chief Executive Officer at the Corpus Christi
Convention and Visitors Bureau. 3) Announced that the First Friday
celebration in the Marina Arts District will take place from 5:30 p.m.-9:00 p.m.
this Friday.
2. North Beach Drainage Analysis
Mayor McComb referred to Item 2.
City Manager Zanoni discussed the following topics: possible North Beach
drainage solutions;a more robust drainage system;that funding is a key
component;the cost of a navigable channel and the cost of and need to raise
city streets and possible funding sources; if developers have the monies
necessary to commit; improving North Beach while meeting the rest of the
City's needs;testing Urban Engineering's report via other engineers and by
public input;developing a comprehensive calendar for North Beach
improvements in order to minimize disruption to residents and businesses;
which developers may want to build on the canal;and a long-term plan to
address drainage solutions.
Assistant City Manager Mark Van Vleck presented information on the following
topics: overview;tidal flooding;observed tidal flooding at 10/18/2019;
elevations 2.5 feet and below;elevation profiles;Sandbar Ave.,Beach Ave.,
Gulfspray Ave.,Surfside Park,Bridgeport Ave.,and Breakwater Ave.
elevations;street improvements needed and estimated cost;North Beach
projects from 2007-2019;decrease in sanitary sewer overflows on North
Beach;stormwater infrastructure and related funding sources;the total number
of buildings on North Beach and the total number of those that are elevated;
and the flood insurance rate map.
Chip Urban,Urban Engineering,presented information on the following topics:
introduction;study area;existing conditions; relative sea level rise;tidal
inundation at the north and south end of North Beach;existing drainage;
two-part solution(provide better way for stormwater to get out and raise
property);Options 1 and 2 layout;Option 3 navigable channel;Option 3 layout;
utilities;cost estimates for each of the three options;conclusions;and
recommendations.
Council members,City Manager Zanoni,Assistant City Manager Van Vleck and
Mr.Urban discussed the following topics: elevating residential and
commercial buildings on North Beach;extending drainage to properties that
cannot be elevated;that there are a large number of properties that can be
elevated; phasing in North Beach improvements;installing a better drainage
system before evelvating properties; long term elimination of flooding on North
Beach;the quantity of soil needed to elevate North Beach;using fill dirt,from
other projects in the area,on North Beach;if beach erosion was part of Urban
Engineering's study;the effect of beach erosion and the City commissioning a
study to get information on this;tidal flooding on North Beach;how Charleston,
South Carolina's drainage system works;the use of check valves on
stormwater outfalls on North Beach; installation of monitoring wells to
determine water table levels in relation to tides;flooding coming through the
stormwater system and over land;the potential effectiveness of check valves
on North Beach; paving over manhole covers;transitioning from contractors to
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City staff to monitor and inspect paving projects;acquiring fill dirt generated
from the new Harbor Bridge project for use on North Beach; using soil
excavated from the construction of the navigable channel on North Beach;
differences in soils;the costs of drainage and elevation on North Beach as set
out in Urban Engineering's study;the return on investment for North Beach
projects;the percentage of flooding to be resolved on North Beach with
construction of the navigable channel;the City's responsibility to resolve North
Beach drainage issues;a history of platting of North Beach;sea level increases
over the years;wastewater work to date and recently on North Beach;
reducing infiltration; increasing the volume of drainage on North Beach;the
City providing fill material for private property owners to elevate their
properties;costs,funding and who is paying for what;how Option 2,consisting
of an open ditch,would function and its cost;the cost of cutting a navigable
channel to the bay; inclusion of a breakwater;total cost to the City of North
Beach improvements;the Council viewed a brief video from the North Beach
Community Association related to flooding on North Beach at high tide at
Seagull and Gulfspray;permitting;functionality of the existing stormwater
system on North Beach;whether the TIRZ#4 addresses drainage;and a request
from a council member to explore check valves on stormwater drainage
outfalls on North Beach.
H. MINUTES:
3. Regular Meetings of September 24, 2019 and October 15, 2019 and
Special Meeting of October 1, 2019.
Mayor McComb referred to Item 3.
A motion was made by Council Member Paulette Guajardo,seconded by
Council Member Greg Smith,that the Minutes be passed.The motion carried
by a unanimous vote.
BOARD & COMMITTEE APPOINTMENTS:
4. This item will not be considered.
Board and Committee Appointments were withdrawn.
Q. EXECUTIVE SESSION: (ITEM 33)
Mayor McComb deviated from the agenda and referred to Executive Session
Item 33. The Council went into executive session at 2:33 p.m. The Council
returned from executive session at 3:11 p.m.
33. 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
case of Graham Construction Services, Inc. et al v. City of Corpus
Christi et al, including potential consideration of settlement offers and/or
fees for attorneys, engineers, and other expert witnesses assisting in
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defense of action(s) and updates on litigation in other cases.
The Council considered the following motion:
Motion to authorize the execution of amendments,agreements and
encumbrance of funds for legal,engineering,and other professional consulting
and expert witness services and associated court reporter,copy,travel,data,
and other costs for the lawsuit of Graham Construction Services,Inc.v.City of
Corpus Christi,Xylem Water Solutions and Atlas Copco Compressors v.Carollo
Engineers,PC,Travelers Casualty and Surety Company,Control Panels USA,
Inc.and Fluid Components International LLC in a total added amount not to
exceed$1,250,000 with the law firms of Kilpatrick Townsend&Stockton,LLP,
Hartline Barger,LLP,and the consulting/engineering/expert firms of Ankura
Consulting Group,Enprotec,WJE and FTI and authorize carry-over of
unexpended funds into the following fiscal years.
Council Member Molina made a motion to approve the motion,seconded by
Council Member Garza. 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: M2019-184
L. RECESS FOR LUNCH
The recess for lunch was held during Executive Session Item 33.
PUBLIC HEARINGS: (ITEM 21)
21. Ordinance pertaining to North Beach designating a 1,423 acre area
within the jurisdiction of the City of Corpus Christi Tax Increment
Reinvestment Zone (TIRZ) Number 4; setting a maximum City financial
participation of$20,000,000 via a scaled contribution for a period not to
exceed 20 years; establishing a Board of Directors for the TIRZ; and,
establishing a preliminary Project and Financing Plan.
Mayor McComb deviated from the agenda and referred to Item 21.
City Manager Peter Zanoni discussed the following topics: that$32 million is
estimated to be generated through a Tax Increment Reinvestment Zone
Number 4(TIRZ#4)over a 20-year period; Del Mar College's participation in
TIRZ#4;and the composition and number of individuals on the TIRZ#4's board
of directors.
Business Liaison Arlene Medrano presented information on the following
topics: the process for creation of a TIRZ; proposed TIRZ#4 boundary;details of
the proposed TIRZ#4 on North Beach; revenue projections;city participation;
TIRZ#4 and General Fund revenue;summary of projects#1 -#6;summary of
projects#7-#12; revisions since City/County Joint Workshop Session;#6 North
Beach parking structure initiative alternative;details of#6 North Beach parking
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structure initiative;#7 project-specific development agreement;TIRZ board
composition;staff recommendation;and timeline.
Mayor McComb opened the public hearing. The following individuals spoke in
support of TIRZ#4: Ted Mandel, 15036 Key Largo Court; Peter Davidson, 1525
N.Shoreline Blvd.; Irma Caballero,4966 Oakmont Dr.;Chad Magill,641 Texas
Ave.;Jeff Blackard,401 Adriatic Parkway,McKinney,Texas;and Steve Goody,
6638 Sahara. Margareta Fratila,3606 Tripoli Dr.,spoke regarding repairing
infrastructure first on North Beach. Mayor McComb closed the public hearing.
Council members,City Manager Zanoni and Business Liaison Medrano
discussed the following topics: a timeline;investing 100%versus 75% in the
last ten years of the TIRZ#4 and a policy addressing the percentage of City
participation for all TIRZs;encouraging Del Mar College to participate in the
TIRZ#4;Council support for the TIRZ#4;who has ownership of the parking
spaces in project#6;the cost per parking space;closing off parking spaces;
subsidy elements in the financing plan;the effect on the value of properties if
streets are raised;the need for public improvements on North Beach;
limitations of the current financing plan; not specifying dollars for each project
in the financing plan;ensuring there is an emphasis on public improvements
on North Beach;and flexibility allowed in the financing plan to fund projects.
Council Member Roy made a motion to approve the ordinance,seconded by
Council Member Guajardo.
A council member,City Manager Zanoni and Business Liaison Medrano
discussed the following topics: approving a TIRZ with a change in the
financing plan;the restrictiveness of too much money being dedicated to
infrastructure; making changes to the ordinance before second reading;
consolidating the 12 project areas into 3 categories; not locking money in
today for five years down the road;that any developer can apply for
reimbursement through the TIRZ;and projects that are and are not pay as you
go.
Council Member Roy made a motion to amend the motion to approve the
ordinance to consolidate the 12 project areas into 3 categories,as follows,
Incentives at$12 million,Maintenance at$1.5 million and Infrastructure at
$17.5 million,seconded by Council Member Guajardo.
Council members,City Manager Zanoni and Business Liaison Medrano
discussed the following topics: that drainage and elevation are included in
infrastructure in the incentives category;and 100%versus 75% participation in
the last 10 years to the TIRZ.
The motion to amend the ordinance was passed with the following vote:
Mayor McComb and Council Members Guajardo,Hunter,Molina,Roy,Smith,
Barrera and Garza voting Aye and Council Member Hernandez voting No.
A council member,City Manager Zanoni and Business Liaison Medrano
discussed the following topics: figures presented at the City/County Joint
Workshop Session versus those presented today;that revenues should match
expenditures in the TIRZ;and that reimbursements to developers are based on
what the developer has paid in taxes.
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Council Member Roy made a motion to approve the ordinance as amended,
seconded by Council Member Guajardo. This Ordinance was passed on first
reading as amended 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
Mayor McComb called for a recess. The Council went into recess at 4:30 p.m.
The Council returned from recess at 4:44 p.m.
J. EXPLANATION OF COUNCIL ACTION:
K. CONSENT AGENDA: (ITEMS 5 -20)
Second Reading Ordinances-Consent
Approval of the Consent Agenda
Mayor McComb referred to the Consent Agenda.
Council Member Smith stated that he was abstaining on Item 20. Council
members requested that Items 16 and 17 be pulled for individual consideration.
A motion was made by Council Member Garza,seconded by Council Member
Molina,to approve Consent Agenda Items 5-15 and 18-19.The motion carried
by 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
5. Case No. 0819-04, Mirabal Development Group, LC (District 5).
Ordinance rezoning property at or near 6805 Sandra Lane from the
"RS-6" Single-Family 6 District to the "RM-1" Multifamily 1 District.
This Ordinance was passed on second reading on the consent agenda.
Enactment No: 031906
6. Ordinance authorizing acceptance of a grant in the amount of
$48,889.40 grant from the State of Texas, Criminal Justice
Division for Violence Against Women (VAWA) Program with a
cash match of$17,808.91 and in-kind match of$2,160;
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appropriating $48,889.40 in the Police Grants Fund; and
authorizing a transfer of$17,808.91 from the General Fund to the
Police Grants Fund.
This Ordinance was passed on second reading on the consent agenda.
Enactment No: 031907
7. Ordinance authorizing the acceptance of a grant in the amount of
$40,000 from the Office of the Governor's Homeland Security Grants
Division for FY2020 Local Border Security Program; and appropriating
$40,000 in Police Grants Fund.
This Ordinance was passed on second reading on the consent agenda.
Enactment No: 031908
8. Ordinance approving the purchase of ten replacement trailers not to
exceed $153,963.00 to be used daily by the Utilities Department to
transport heavy equipment to worksites from H &V Equipment Service,
Inc. via the Buy Board Cooperative; appropriating $59,180.20 from the
unreserved fund balance in the Water Fund, $70,969.00 from the
unreserved fund balance in the Wastewater Fund and $23,813.80 from
the unreserved fund balance in the Storm Water Fund; and amending the
FY 2019-2020 operating budget to increase expenditures.
This Ordinance was passed on second reading on the consent agenda.
Enactment No:031909
9. Ordinance approving the purchase of four 2019 Ford F-150 regular cab
pick-up trucks in an amount not to exceed $110,837.00 to be used by
Construction Inspectors in Engineering Services from Silsbee Ford of
Silsbee, Texas via the GoodBuy Purchasing Cooperative; appropriating
$110,837.00 from the unreserved fund balance in the Engineering
Services; and amending the FY 2019-2020 operating budget to increase
expenditures.
This Ordinance was passed on second reading on the consent agenda.
Enactment No: 031910
Contracts and Procurement-Consent
10. Resolution authorizing execution of an Interlocal Cooperation Agreement
with the Corpus Christi Downtown Management District for the
maintenance of 104 planters in the downtown area for an initial period of
four years.
This Resolution was passed on the consent agenda.
Enactment No: 031911
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11. Motion authorizing a three year Office Lease Extension Agreement with
Corpus WCEC, LLC of Dallas, Texas for lease of North Suite No 113 A
in Wilson Plaza (5,503 square feet) for the operation of the City Detention
Center for an amount not to exceed $275,865.48, with first-year funding in
the amount of$91,955.16 available in the General Fund, beginning in
Fiscal Year 2020.
This Motion was passed on the consent agenda.
Enactment No: M2019-175
12. Motion authorizing Amendment No. 1 to Supply Agreement No. 1261 with
Chemtrade Chemicals US, LLC, of Parsippany, New Jersey, for an
amount not to exceed $97,500.00 for the 24-month term, increasing the
24-month contract amount from $701,882.00 to $799,382.00, allowing a
price increase to the contract for the purchase of liquid ammonium sulfate
solution used as a source of ammonia in the formation of chloramines to
disinfect the treated water at O. N. Stevens Water Treatment Plant.
Funding is available through the Water Fund.
This Motion was passed on the consent agenda.
Enactment No: M2019-176
Capital Projects-Consent
13. Motion awarding a contract to Bath Engineering for design and
preparation of construction documents to implement Mechanical,
Electrical and Plumbing (MEP) upgrades for the Police Headquarters
building in the amount of$143,115, located in City Council District 1,
effective upon issuance of notice to proceed, with funding approved and
available from Bond 2018, Proposition E, Public Health & Safety.
This Motion was passed on the consent agenda.
Enactment No: M2019-177
14. Motion awarding a contract to Clark Pipeline Services, LLC for
reconstruction of Frio, Hacala, and Dorado Street Corridor from
Greenwood Drive to Martin Street with new asphalt pavement and
underground utility improvements in the amount of$4,476,609.27. This
project is located in City Council District 3, the contract will be effective
upon issuance of notice to proceed, and funding is available from Bond
2018 Proposition A, Bond 2016 Streets, and the Utility Capital
Improvement Program.
This Motion was passed on the consent agenda.
Enactment No: M2019-178
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15. Motion awarding a contract to Hanson Professional Services Inc., for
preparation of bid documents, street rebuild design, and delivery orders
for the $32.55 Million Residential Street Rebuild Program in the amount
of$3,389,252.89, located in all City Council districts, effective upon
issuance of notice to proceed, with funding available from Bond 2018,
Proposition A, Residential Street Construction Fund, and Utility Capital
Program.
This Motion was passed on the consent agenda.
Enactment No: M2019-179
18. Motion awarding a contract to SCS Engineers of Bedford, Texas for
design of Cefe Valenzuela Gas Collection Control System (GCCS)
expansion of Cells 1B, 1C and 3C in the amount of$163,500, effective
upon issuance of notice to proceed, with funding approved and available
from budgeted Solid Waste Capital Improvement Funds.
This Motion was passed on the consent agenda.
Enactment No: M2019-182
General Consent Items
19. Motion approving the 2019 Property Tax Levy of$135,974,569.95 based
on the adopted property tax rate of$0.646264 per$100 valuation, in
accordance with Section 26.09 (e) of the Texas Tax Code.
This Motion was passed on the consent agenda.
Enactment No: M2019-183
16. Motion awarding a contract to CPC Interests, LLC d/b/a Clark Pipeline
Services, LLP, for construction improvements under the Citywide Water
Distribution System Indefinite Delivery/Indefinite Quantity (IDIQ) Program,
in the amount up to $5,000,000 plus two (2) optional administrative
renewals for a total contract price up to $15,000,000 for Citywide
improvements, and is effective upon issuance of notice to proceed, with
funding available from the Water Capital Improvement Program.
Mayor McComb referred to Item 16.
Council members and Capital Budget Manager Kamil Taras discussed the
following topics: project numbers; referencing project numbers in the Capital
Improvement Program;that funding is from the Indefinite Delivery Indefinite
Quantity(IDIQ)program;and a request for regular updates regarding the
progress of projects.
Council Member Garza made a motion to approve the motion,seconded by
Council Member Smith. This Motion was passed and approved with the
following vote:
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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: M2019-180
17. Motion authorizing a contract with J.S. Haren Company of Athens,
Tennessee for the Whitecap Wastewater Treatment Plant (WWTP)
Emissions/Odor Control and Bulkhead Rehabilitation project in the
amount of$1,916,000, to rehabilitate the emission/odor control system
and repair the bulkhead. The project is located in City Council District No.
4. The contract will proceed upon the issuance of a notice to proceed
and funding is approved and available through the Wastewater Capital
Improvement Program (CIP) Budget.
Mayor McComb referred to Item 17.
A council member,City Manager Peter Zanoni and Director of Contracts and
Procurement Kim Baker discussed the following topics: the project number;
and the reason the Contracts and Procurement Department was left off the
agenda memo.
Council Member Smith made a motion to approve the motion,seconded by
Council Member Garza. 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: M2019-181
20. Resolution nominating Valero Refining -Texas, L.P. to the Office of the
Governor Economic Development& Tourism through the Economic
Development Bank as an enterprise project pursuant to the Texas
Enterprise Zone Act to encourage and to allow a rebate of State sales
tax.
Mayor McComb referred to Item 20.
There were no comments from the Council or the public.
Council Member Hernandez made a motion to approve the resolution,
seconded by Council Member Hunter. This Resolution was passed and
approved with the following vote:
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Aye: 7- Mayor McComb, Council Member Barrera, Council Member Garza, Council
Member Guajardo, Council Member Hernandez, Council Member Hunter
and Council Member Roy
Absent: 1 - Council Member Molina
Abstained: 1 - Council Member Smith
Enactment No 031912
M. PUBLIC HEARINGS: (ITEM 22)
22. Ordinance closing, abandoning and vacating a 16,500 square foot
portion of 6th Street, a portion of public street lying between Buford
Avenue and Hancock Avenue, conditioned upon payment of$28,000 for
fair market value of the improved street and execution of an agreement to
relocate stormwater infrastructure. (District 1)
Mayor McComb referred to Item 22.
Assistant Director of Development Services Nina Nixon-Mendez stated that the
purpose of this item is to allow for the development of an affordable apartment
complex for senior citizens.
Assistant Director Nixon-Mendez presented information on the following items:
vicinity map;aerial overview;staff recommendation to approve with a floor
amendment;area to which notices were mailed;and an explanation of the
floor amendment being recommended.
A council member and Assistant Director Nixon-Mendez discussed the
following topics: additional on site parking to be provided and its location;
and the cost per parking space.
In response to a question from a council member,David Fournier,Fish Pond
Development,stated that he does not have available a breakdown of the cost
associated with parking spaces.
Mayor McComb opened the public hearing. There were no comments from the
public. Mayor McComb closed the public hearing.
Council Member Hernandez made a motion to amend Section 2,b of the
ordinance to read,"Execution of a Deferment Agreement with the City of
Corpus Christi to relocate stormwater and water infrastructure within the public
right of way to be abandoned and the posting of fiscal security to ensure
relocation of said stormwater and water infrastructure.",seconded by Mayor
McComb.
A council member and Assistant Director Nixon-Mendez discussed deferment of
construction of utilities until the site development phase.
The motion to amend was passed unanimously(Council Member Garza-
abstained).
Council Member Hernandez made a motion to approve the ordinance as
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amended,seconded by Council Member Molina. This Ordinance was passed
on first reading as amended and approved with the following vote:
Aye: 8- Mayor McComb, Council Member Barrera, Council Member Guajardo,
Council Member Hernandez, Council Member Hunter, Council Member
Molina, Council Member Roy and Council Member Smith
Abstained: 1 - Council Member Garza
N. REGULAR AGENDA: (NONE)
O. FIRST READING ORDINANCES: (ITEMS 23 -32)
23. Zoning Case No. 0719-02 B&A Terra Firma Development, LLC: (District
4) Ordinance rezoning property at or near 2110 Laguna Shores Road
from the "RE" Residential Estate District to the "RS-6" Single Family 6
District. Planning Commission and Staff recommend Approval. Requires
3/4 Vote for zoning change.
Mayor McComb referred to Item 23.
Mayor McComb asked if the applicant and residents in the area of the subject
property are agreeable.
In response to a council member's questions,Assistant Director Nixon-Mendez
explained the difference between and RS-6 and RS-15 zoning designations;
Council's ability to change the zoning designation;the number of dwellings
per acre allowed in the RS-6 and RS-15 zoning designations;and that Flour
Bluff Independent School District(FBISD)submitted a letter in support of RS-15.
Mayor McComb called for comments from the public. Rebecca Root,325 Lola
Johnson Rd,stated that she did not receive notification that this item would be
on today's agenda;and provided a history of the attempted changes of zoning
on the subject property. Darson Aelvoet,281 Lola Johnson Rd.,stated that the
property is wetlands;that the proposed development does not comply with the
published goals and objectives of the area development plan;and that the
developer has not reached out to residents of the area.
Council members discussed the following topics: the reason this item is again
before the Council; FBISD's reasons for initially opposing the change in zoning;
that the area development plan calls for low density and RS-15 is considered
low density;the potential for flooding due to RS-15;and the number of votes
required to pass the ordinance.
Council Member Barrera made a motion to approve the ordinance rezoning
the property to the"RS-15"Single Family 15 District,seconded by Council
Member Hunter.
In response to a council members'questions,Assistant Director Nixon-Mendez
discussed the number of homes allowed per acre in the RS-15 versus RS-6
zoning districts.
In response to a question form Jenny Ashmore, Lola Johnson Rd.,Assistant
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Director Nixon-Mendez discussed the following topics: minimum acreage
necessary for a septic system;and connecting to City sewer. Miguel Saldana,
Saldana Consulting,stated that the developer will extend public sewer to the
development and to the lift station at the end of Lola Johnson Rd.;and
discussed the status of the lift station. In response to a question from Rebecca
Root,325 Lola Johnson Rd,Juan Perales,J.Perales Civil Engineering,said the
wastewater line will be laid along the east boundary of Lola Johnson Rd.and
down Laguna Shores Rd.or at the northern edge of the property and across an
easement.
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 Hernandez, Council Member Hunter, Council Member Molina and
Council Member Roy
Nay: 2- Council Member Guajardo and Council Member Smith
Abstained: 0
24. Ordinance authorizing acceptance of grant from U. S. Department of
Justice, Bureau of Justice Assistance, in amount of$175,175 for FY
2019 Edward Byrne Memorial Justice Assistance Grant Program; and
appropriating $175,175 in Police Grants Fund with $80,917 of funds
distributed to Nueces County and $13,340 of funds distributed to City of
Robstown. The remaining funds of$80,918 will be used by the City for
enhancement of law enforcement efforts.
Mayor McComb referred to Item 24.
There were no comments from the Council or the public.
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
25. Ordinance approving the purchase of Harris Public Safety
communication radios in an amount not to exceed $3,567,032.20 to be
used by the Corpus Christi Police Department from Dailey and Wells
Communications, Inc; appropriating $1,189,010.73, from the unreserved
fund balance of the General Fund initially budgeted in FY 2019 for this
purpose but not encumbered; and amending the FY 2019-2020 operating
budget to increase expenditures.
Mayor McComb referred to Item 25-32. City Secretary Rebecca L. Huerta
announced that Council Member Barrera was abastaining on Item 32.A
council member asked that Item 27 be pulled for individual consideration. City
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Manager Peter Zanoni announced that Item 29 was being withdrawn.
Council Member Smith made a motion to approve Items 25,26,28,30 and 31,
seconded by Council Member Molina. 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
26. Ordinance authorizing an agreement with Texas Food and Wine Festival,
LLC to allow use of Heritage Park and portions of Fitzgerald Street and
Hughes Street for the Corpus Christi Food and Wine Festival Event and
related activities on November 23, 2019.
This Ordinance was passed on first reading and approved by one vote(see
Item 25).
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
28. Ordinance accepting $31,105.92 from Epic Y Grade Pipeline, LP and
authorizing an amendment to the existing Revocable Easement to
allow construction of an additional 12-inch pipeline.
This Ordinance was passed on first reading and approved by one vote(see
Item 25).
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
29. Ordinance accepting $103,770 from Dean Pipeline Company, LLC and
authorizing conveyance of three Revocable Easements with Temporary
Construction Easements on City-owned properties, to allow construction
of one 8-inch pipeline.
This Item was withdrawn by staff.
30. Ordinance approving the purchase of twenty-six pickup trucks for a total
amount not to exceed $951,159.04 from Silsbee Ford of Silsbee, Texas
via the Good Buy Purchasing Cooperative to be used by the Utilities
Department's staff for daily operations; appropriating $951,159.04 from
the unreserved fund balance in the Water Fund, the Wastewater Fund,
and the Storm Water Fund that was previously budgeted in FY 2019 for
this purpose but not encumbered; and amending the FY 2019-2020
operating budget to increase expenditures.
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This Ordinance was passed on first reading and approved by one vote(see
Item 25).
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
31. Ordinance appropriating anticipated revenues from the Texas
Department of Transportation (TxDOT) in the amount of$635,549 and
awarding a contract to Mako Contracting, LLC. for construction of
sidewalk and lighting improvements for the S.E.A. District Pedestrian
Improvement project in the amount of$794,436.22. The project is
located in City Council District 1 and the contract will begin upon
issuance of notice to proceed. Funding is approved and available from
an 80% TxDOT grant and a 20% match from Street Bond 2016 CIP.
This Ordinance was passed on first reading and approved by one vote(see
Item 25).
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
32. Ordinance authorizing the execution of the Second Addendum to the
Water Supply Agreement with the Beeville Water Supply District, subject
to release of all claims by Beeville Water Supply District and City of
Beeville against the City of Corpus Christi and subject to withdrawal of all
administrative proceedings filed by Beeville Water Supply District and
City of Beeville against the City of Corpus Christi in the Public Utility
Commission of Texas and subject to payment of all amounts determined
by the City Manager to be owed pursuant to the existing contract between
the parties after waiver of$162,809.85 of Future Water Resources
Reserve Fund charges that were contested and withheld by said District
and authorizing the City Manager to make the aforesaid waiver.
Mayor McComb deviated from the agenda and referred to Item 32.
There were no comments from the Council or the public.
Council Member Smith made a motion to approve the ordinance,seconded by
Council Member Hunter. This Ordinance was passed on first reading and
approved with the following vote:
Aye: 8- Mayor McComb, Council Member Garza, Council Member Guajardo,
Council Member Hernandez, Council Member Hunter, Council Member
Molina, Council Member Roy and Council Member Smith
Abstained: 1 - Council Member Barrera
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27. Ordinance authorizing a 20-year Lease Agreement with Art Community
Center of Corpus Christi, Inc. a Texas nonprofit corporation, for continued
use and operation of the Art Community Center at no charge, located at
100 N. Shoreline Blvd. for use by local and visiting artists, to provide
meeting rooms, art exhibits, an information center, a gift shop, a
restaurant, display areas for the arts, and art classes.
Mayor McComb deviated from the agenda and referred to Item 27.
Assistant to the Director of Parks and Recreation Esther Velazquez stated that
the purpose of this Item is to authorize a 20-year lease with the Art Community
Center of Corpus Christi,Inc.for the use of the Arts Center at 100 N.Shoreline
Blvd.
Council members,Assistant to the Director of Parks and Recreation Velazquez
and City Attorney Miles K.Risley discussed the following topics: sub-lease
provisions in the lease addressing use of a portion of the facility as a
restaurant;concern regarding sub-leasing of space;and thanks to the Art
Community Center of Corpus Christi,Inc.for the work they do.
Council Member Guajardo made a motion to approve the ordinance,seconded
by Council Member Molina. This Ordinance was passed on first reading and
approved with the following vote:
Aye: 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
P. BRIEFINGS: (NONE)
Q. EXECUTIVE SESSION: (ITEM 34)
Mayor McComb referred to Executive Session Item 34. The Council went into
executive session at 5:29 p.m. The Council returned from executive session at
5:57 p.m.
34. 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 sanitary sewer
overflows and the City's sanitary sewer system, water system, and/or
drainage system and/or potential future litigation involving the U.S.
Environmental Protection Agency, State of Texas, and/or U.S.
Department of Justice.
This E-Session Item was discussed in executive session.
R. IDENTIFY COUNCIL FUTURE AGENDA ITEMS
Mayor McComb referred to Identify Council Future Agenda Items. No items
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were discussed or identified.
S. ADJOURNMENT
The meeting was adjourned at 5:57 p.m.
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