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HomeMy WebLinkAboutMinutes City Council - 06/14/2011MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting June 14,2011 - 12:00 p.m. PRESENT Mayor Joe Adame Mayor Pro Tem Nelda Martinez Council Members: Chris Adler Larry Elizondo, Sr. Kevin Kieschnick Priscilla Leal John Marez Mark Scott Linda Strong City Staff: City Manager Ronald L. Olson City Attorney Carlos Valdez City Secretary Armando Chapa Mayor Adame called the meeting to order in the Council Chambers of City Hall. The invocation was delivered by Reverend David Saenzwith Christus Spohn Health System and the Pledge of Allegiance to the United States flag was led by Council Member Strong. City Secretary Chapa called the roll and verified that the necessary quorum of the Council and the required charter officers were present to conduct the meeting. Mayor Adame called for approval of the minutes of the regular Council meeting of May 31, 2011 and Workshop meeting of June 7, 2011. A motion was made and passed to approve the minutes as presented. ************ Mayor Adame called for consideration of the consent agenda (Items 2 - 9). There were no comments from. the public. Council Member Kieschnick requested that Item 6 be pulled for individual consideration. City Secretary Chapa polled the Council for their votes as follows: 2. ORDINANCE NO. 029088 Ordinance appropriating $44,070.80 in the General Fund No. 1020 from the Law Offices of William D. Bonilla as reimbursement for criminal investigation time; changing the FY 2010- 2011 Operating Budget adopted by Ordinance No. 028683 by increasing revenue and appropriations by $44,070.80 each. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Marez, Martinez, Scott, and Strong, voting "Aye". 3.a. ORDINANCE NO. 029089 Ordinance appropriating $182,680 from the Federal Aviation Administration Grant No. 3-48- 0051-041-2008 in the No. 3020 Airport Capital Improvement Fund to rehabilitate the Corpus Christi International Airport Terminal Building. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Marez, Martinez, Scott, and Strong, voting "Aye". INDEXED Minutes — Regular Council Meeting June 14, 2011 — Page 2 3.b. ORDINANCE NO. 029090 Ordinance appropriating $116,700 from the Federal Aviation Administration Grant No. 3-48- 0051-043-2008 in the No. 3020 Airport Capital Improvement Fund to rehabilitate the Corpus Christi International Airport Terminal Building. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Marez, Martinez, Scott, and Strong, voting "Aye". 4. ORDINANCE NO. 029091 Ordinance appropriating $286,999 from the Unreserved Fund Balance in Passenger Facility Charge Fund No. 4621 for debt service on airport improvements in the amounts of $148,499 for Airport 2000A Debt Service and $138,500 for Airport 2000B Debt Service. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Marez, Martinez, Scott, and Strong, voting "Aye". 5.a. RESOLUTION NO. 029092 Resolution authorizing the City Manager or designee to accept a $56,793 grant awarded by the Corporation for National and Community Service for Retired and Senior Volunteer Program (RSVP). The foregoing resolution was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Marez, Martinez, Scott, and Strong, voting "Aye". 5.b. ORDINANCE NO. 029093 Ordinance appropriating a $56,793 grant from the Corporation for National and Community Service in the No.1067 Parks and Recreation grants fund for the Retired and Senior Volunteer Program (RSVP). An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Marez, Martinez, Scott, and Strong, voting "Aye". 7. MOTION NO. 2011-129 Motion authorizing the City Manager or designee to execute an Agreement for Construction Materials Testing and Engineering Services with Rock Engineering and Testing Laboratory, Inc. of Corpus Christi, Texas in the amount of $62,145 for Bear Lane from South Padre Island Drive (SPID) to Old Brownsville Road. (BOND ISSUE 2008) The foregoing motion was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Marez, Martinez, Scott, and Strong, voting "Aye". Minutes — Regular Council Meeting June 14, 2011 — Page 3 8. MOTION NO. 2011-130 Motion authorizing the City Manager or designee to renew a five-year Parking Space Lease Agreement with 101 Shoreline Limited for 150 parking spaces located at 221 South Water Street, necessary to support the Police Station and Municipal Court facilities, and approving monthly lease payments of $3,870.56 per month plus the City's share of utilities, property taxes, mowing, and parking lot maintenance. The foregoing motion was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Marez, Martinez, Scott, and Strong, voting "Aye". 9. FIRST READING ORDINANCE Amending the Code of Ordinances, City of Corpus Christi, Chapter 55, Section 55-446, Regarding Repeat Programming for Public Access Cablecasting; and Section 55-447 Regarding Program Identification Requirements; Providing for Publication. The foregoing ordinance was passed and approved on its first reading with the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Marez, Martinez, Scott, and Strong, voting "Aye". Mayor Adame opened discussion on Item 6 regarding an interlocal agreement with Nueces County for use of lighting improvements. Council Member Kieschnick informed the Council that Nueces County Commissioner Mike Pusley requested that the interlocal agreement be amended to change the date the County agrees to install the equipment from August 31, 2011 to August 31, 2012. Mr. Kieschnick made a motion to amend the interlocal agreement. The motion was seconded by Mr. Elizondo. The foregoing motion was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Marez, Martinez, Scott, and Strong, voting "Aye". City Secretary Chapa polled the Council for their votes as follows: 6. RESOLUTION NO. 029094 Resolution declaring lighting improvements at former South Guth Park site as surplus personal property and authorizing the City Manager or designee to execute an interlocal Agreement with Nueces County for use of lighting improvements. The foregoing resolution was passed and approved as amended with the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Marez, Martinez, Scott, and Strong, voting "Aye". ************ Mayor Adame announced that the City Council would conduct a joint hearing with the Planning Commission for the purpose of amending the Zoning Map of the City to include the new Unified Development Code (UDC) District. Rudy Garza, Chairman of the Planning Commission, verified that there was a necessary quorum of the Planning Commission members present and called the Planning Commission meeting to order. Minutes — Regular Council Meeting June 14, 2011 — Page 4 Assistant City Manager of Development Services Johnny Perales explained that the Unified Development Code was passed in May and an amendment to the zoning map is required to update terminology to conform to the new Code. Mr. Perales provided a comparison of the previous and new zoning districts and comparative examples. In response to Council Member Kieschnick, Mr. Perales stated that the Cottage Housing District and other alternative housing design options will be designated as overlays. Mayor Adame called for a motion to open the public hearing for the City Council and a motion was made, seconded and passed to open the public hearing. Chairman Rudy Garza called for a motion to open the public hearing for the Planning Commission, and a motion was made, second and passed to open the public hearing. No one appeared in opposition to the public hearing. Chairman Garza introduced the Planning Commission members present. Mayor Adame thanked the Planning Commission for their dedication to the UDC. Ms. Martinez made a motion to close the public hearing for the Council, seconded by Mr. Elizondo, and passed. Commissioner James Skrobarczyk made a motion to close the public hearing for the Planning Commission, seconded by Commissioner Johnny Martinez and passed. Commissioner Javier Huerta made a motion to recommend the amendments as presented for approval by the Council. The motion was seconded by Commissioner Johnny Martinez, and passed unanimously. Chairman Garza adjourned the meeting of the Planning Commission. Mayor Adame asked if there was any further public comments regarding Item 10: 10. Public Hearing and First Reading Ordinance to consider amending the Zoning Map to include the new Unified Development Code Zoning District names and incorporating amended map into said code; providing for special permits; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan; providing a repealer clause; providing a penalty; providing for publication and effective date. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 10. FIRST READING ORDINANCE To consider amending the Zoning Map to include the new Unified Development Code Zoning District names and incorporating amended map into said code; providing for special permits; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan; providing a repealer clause; providing a penalty; providing for publication and effective date. The foregoing ordinance was passed and approved on its first reading with the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Marez, Martinez, Scott, and Strong, voting "Aye". ************* Mayor Adame announced the executive session, which was listed on the agenda as follows: Minutes — Regular Council Meeting June 14, 2011 — Page 5 * Executive session under Section 551.072, Texas Government Code, to deliberate the lease or value of real property because deliberations in an open meeting would have a detrimental effect on the City's position in negotiations with a third party. The Council went into executive session. The Council returned from executive session. Mayor Adame announced that no action would be taken on the executive session. ************ Mayor Adame referred to Item 11, and a motion was made, seconded and passed to open the public hearing on the following zoning case: Case No. 0511-01, Martin Soliz: A change in zoning from the "R -1B" One -family Dwelling District to the "B-4" General Business District, not resulting in a change of future land use. The property to be rezoned is Jerry Place, Lot I, located along the south side of Gollihar Road, east of Christie Street. Senior Planner Miguel Saldana referred to a powerpoint presentation including an aerial view; existing landuse map; future land use map; ownership map; views of the subject property; and site plan. Mr. Saldana stated that the Planning Commission and staff recommended denial of the applicant's request for a change in zoning from the "R-1 B" One -family Dwelling District to the "B-4" General Business District, and in lieu thereof, approval of a "B-1/SP" Neighborhood Business District with a Special Permit for an auto parts store and seven (7) conditions. No one appeared in opposition to the zoning change. Mr. Scott made a motion to close the public hearing, seconded by Ms. Strong, and passed. Mr. Chapa polled the Council for their votes as follows: 11. ORDINANCE NO. 029095 Amending the Zoning Ordinance, upon application by Martin Soliz, by changing the Zoning Map in reference to Jerry Place, Lot I, from the "R -1B" One -family Dwelling District to the "B- 1/SP" Neighborhood Business District with a Special Permit for an auto parts store and seven (7) conditions, not resulting in a change of future land use; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan; providing a repealer clause; providing a penalty; providing for publication. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Adame, Adler, Elizondo, Leal, Marez, Martinez, Scott, and Strong, voting "Aye"; Kieschnick was absent. Mayor Adame referred to Item 12, and a motion was made, seconded and passed to open the public hearing on the following zoning case: Case No. 0511-02, Ronnie King, on behalf of T.R. Walsh, Jr., in his capacity as Trustee of the Jerry L. Dean, Jr. Irrevocable Trust: A change of zoning from the "B-4" General Business District to the "1-3" Heavy Industrial District, resulting in a change of future land use from a commercial use to a heavy industrial use. The property to be rezoned is Ebony Acres, Lot 1 and the east 65 feet of Lot 2, located at the southwest corner of Leopard Street and McBride Lane. Minutes — Regular Council Meeting June 14, 2011 — Page 6 Senior Planner Miguel Saldana referred to a powerpoint presentation including an aerial view; existing land use map; future land use map; ownership map; and views of the subject property. Mr. Saldana stated that Planning Commission and staff recommended Approval of the applicant's request for a change in zoning from the "B-4" General Business District to the "1-3" Heavy Industrial District. No one appeared in opposition to the zoning change. Mr. Elizondo made a motion to close the public hearing, seconded by Mr. Scott, and passed. Mr. Chapa polled the Council for their votes as follows: 12. ORDINANCE NO. 029096 Amending the Zoning Ordinance, upon application by Ronnie King on behalf of T. R. Walsh, Jr., in his capacity as trustee of the Jerry L. Dean, Jr. Irrevocable Trust, by changing the Zoning Map in reference to Ebony Acres, Lot 1 and the east 65 feet of Lot 2, from the "B-4" General Business District to the "1-3" Heavy Industrial District, resulting in a change of future land use from a commercial use to a heavy industrial use; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan; providing a repealer clause; providing a penalty; providing for publication. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Marez, Martinez, Scott, and Strong, voting "Aye". Mayor Adame referred to Item 13, and a motion was made, seconded and passed to open the following public hearing: 13. Public Hearing on the FY 2011-2012 Budget adopted by the Crime Control and Prevention District Board of Directors. Police Administration Manager Pat Eldridge referred to a powerpoint presentation including the continued focus on core programs; assignment of 50 police officers; the budget; and the budget calendar. Mayor Adame asked whether preparations were made to absorb the cost of the graffiti coordinator in the general fund. City Manager Olson replied that initially he did have some concerns, however now feels comfortable with the graffiti coordinator being relocated within the Police General Fund. Mayor Adame called for comments from the public. Abel Alonzo, 1701 Thames, thanked the Crime Control board members for a job well done and spending the funding in the most effective and efficient manner. Mr. Elizondo made a motion to close the public hearing, seconded by Mr. Kieschnick, and passed. ************* Mayor Adame opened discussion on Item 15 regarding the redistricting process. City Secretary Chapa stated that the City Charter and other applicable state laws require that the City equalize the population within the five (5) single member districts and with the completion of the 2010 decennial census, the City can begin this process. Mr. Chapa explained that staff is recommending entering into interlocal agreements with Del Mar Junior College and the Corpus Christi Independent School District (CCISD) to issue a request for qualifications (RFC)) for redistricting services and provide an opportunity to reduce cost. City Secretary Chapa reported that Minutes — Regular Council Meeting June 14, 2011 — Page 7 Del Mar College Board of Regents has already approved an interlocal agreement and CCISD will be considering this matter in the next weeks. In response to Mayor Adame, Mr. Chapa stated that the redistricting process could take approximately one year to receive approval for the Department of Justice. Council Member Marez said he was glad to see the City partnering to reduce cost and hopes the firm selected will not have any controversy. Mr. Marez also requested to keep the public informed and receive public input on the process. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 14. RESOLUTION NO. 029097 Resolution authorizing the City Manager or designee to execute Interlocal Cooperation Agreements with Del Mar College District and Corpus Christi Independent School District to conduct a joint effort for legal services to assist with Redistricting process. The foregoing resolution was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Marez, Martinez, Scott, and Strong, voting "Aye". Mayor Adame opened discussion on Item 15 regarding the Hurricane Reentry Plan. Interim Fire Chief Ritchie Quintero stated that the hurricane reentry plan provides for uniformity, continuity, and coordination during the process. Chief Quintero referred to a powerpoint presentation including the purpose; legislative authority; tier definitions; and exceptions to the tiers. The following topics pertaining to this item were discussed: identifying privatized or contracted staffing in the tier structure; the individual with ultimate control over evacuation situations; the process for identifying disabled individuals that require assistance; the 2-1-1 program; and island evacuation. City Secretary Chapa polled the Council for their votes as follows: 15. RESOLUTION NO. 029098 Resolution authorizing the Mayor to execute on behalf of the City the City's approval of an Agreement to implement the Nueces County Hurricane Reentry Plan. The foregoing resolution was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Marez, Martinez, Scott, and Strong, voting "Aye". ************* Mayor Adame referred to Item 16 regarding the Corpus Christi Regional Economic Development Corporation (EDC). Roland Mower, PresidentlCEO of the EDC, referred to a powerpoint presentation including recent news; 2011 economic trends on employment, business size, category, building permits, and enplanements; the three -prong strategy; accomplishment; and activity summary. Council Member Martinez requested information on the small business contribution to the tax base. Minutes — Regular Council Meeting June 14, 2011 — Page 8 The following topics pertaining to this item were discussed: the value on construction and new residential to economy; and recruiting companies to relocate their workforce to the City. ************* Mayor Adame referred to the City Manager's comments. City Manager Olson presented a new reorganization chart of the City departments and explained that the new structure groups similarities between departments and missions. Mr. Olson stated that the organization changes will provide clarity; empower leadership; and provide for a system of accountability. City Manager Olson reported that Assistant City Manager Johnny Perales will oversee Public Works, Utilities, and Transportation; Assistant City Manager Oscar Martinez will oversee Safety, Health and Neighborhoods; Assistant City Manager Margie Rose will be in charge of General Government and Operations Support; and he is recommending the appointment of Rudy Garza as Assistant City Manager of Support Services. Mr. Olson said his goal is to have a team of Assistant City Managers that have the flexibility to periodically change assignments as necessary and allow for development in their careers. Mr. Olson reported that his new steps will include developing a business plan; evaluation employees to place in the right positions; and take an in-depth look at the Development Service function of the City. ************* Mayor Adame called for petitions from the audience. Jack Gordy, 4118 Bray, thanked the City Manager for the changes and spoke regarding outside attorneys, the use of consultants and lobbyists; and the internal auditor position. J.E. O'Brien, 4130 Pompano, said the recent comments made by the City Manager were very encouraging and spoke regarding the internal auditor, the enterprise funds, and the utility rate increases. John Torrey, 7253 Yaupon Drive, spoke regarding the status of the City using crushed concrete. John Kelley, 413 Waco, spoke regarding the reduced funding to Mental Health/Mental Retardation (MHMR). Mary Ann Kelly, 4302 Schanen, spoke regarding the right to vote on a status of Corpus Christi. Foster Edwards, Corpus Christi Chamber of Commerce, invited the Council to attend a luncheon on July 13th saluting the military community. ************* There being no further business to come before the Council, Mayor Adame adjourned the Council meeting at 2:37 p.m. on June 14, 2011. ************* 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 14, 2011 which were approved by the City Council on June 21, 2011. SEAL WITNESSETH MY HAND AND SEAL, on this the 21st day of June, 2011. Armando Chapa City Secretary