HomeMy WebLinkAboutMinutes City Council - 09/23/2008I 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 23, 2008, which were approved by the City
Council on October 14, 2008.
WITNESSETH MY HAND AND SEAL, on this the 14th day of October, 2008.
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Armando Chapa
City Secretary
SEAL
PRESENT
Mayor Henry Garrett
Mayor Pro Tem Priscilla Leal
Council Members:
Melody Cooper*
Larry Elizondo, Sr.
Mike Hummell
Bill Kelly
Michael McCutchon
John Marez
ABSENT
Nelda Martinez
*Arrived at 10:15 a.m.
MINUTES
CITY OF CORPUS CHRISTI, TEXAS
Regular Council Meeting
September 23, 2008 - 10:00 a.m.
City Staff:
Interim City Manager Angel R. Escobar
City Attorney Mary Kay Fischer
City Secretary Armando Chapa
Mayor Garrett called the meeting to order in the Council Chambers of City Hall.
Council Member Leal requested that a special prayer be given for Wanda Garcia, wife of Dr.
Hector P. Garcia, who passed away this weekend. The invocation was delivered by Pastor Kevin
Jennings with Mt. Olive Lutheran Church and the Pledge of Allegiance to the United States flag was
led by Mayor Henry Garrett.
Council Member Elizondo expressed his sincere appreciation to the Council, staff and the
community for their support as he dealt with the passing of his mother.
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 Garrett called for approval of the minutes of the regular Council meeting of September
9, 2008. A motion was made and passed to approve the minutes as presented.
Mayor Garrett referred to Item 2 and the following board appointments were made:
Museum of Science and History Advisory Committee
Nelida Ortiz (Reappointed)
Georganne Gasaway (Reappointed)
Lucia Inez Sosa (Reappointed)
Shannon Madden (Appointed)
Watershore and Beach Advisory Committee
Guy Davis (Appointed)
**
Sister City Committee
Rose Gunji (Reappointed)
Javier M. Morin (Reappointed)
Phyllis Roseman (Reappointed)
John Rocha (Appointed)
Jorge Brenner (Appointed)
Maria Jaramillo (Appointed)
Dora Hidalgo (Appointed)
Mayor Garrett called for consideration of the consent agenda (Items 3 - 8). There were no
comments from the public. City Secretary Chapa polled the Council for their votes as follows:
Minutes — Regular Council Meeting
September 23, 2008 — Page 2
3. MOTION NO. 2008-251
Motion approving the purchase of one (1) modular office building from M Space Holdings,
LCC, of Houston, Texas in accordance with Bid Invitation No. BI -0234-08 based on low bid
for a total amount of $64,990. The modular office building will be purchased for the Health
Department. Funding is available in the No. 1066 Health Grant Fund.
The foregoing motion was passed and approved with the following vote: Garrett, Elizondo,
Hummell, Kelly, Leal, McCutchon, and Marez, voting "Aye"; Cooper and Martinez were
absent.
4.a. MOTION NO. 2008-252
Motion authorizing the City Manager or his designee to accept a grant in the amount of
$73,850 from the U.S. Department of Justice, Bureau of Justice Assistance, for funding
eligible under the FY 2008 Edward Byrne Memorial Justice Assistance Grant, 50% of the
funds to be distributed to Nueces County under an established Interlocal agreement and to
execute all related documents.
The foregoing motion was passed and approved with the following vote: Garrett, Elizondo,
Hummell, Kelly, Leal, McCutchon, and Marez, voting "Aye"; Cooper and Martinez were
absent.
4.b. ORDINANCE NO. 027861
Ordinance appropriating $73,850 from the U.S. Department of Justice, Bureau of Justice
Assistance in the No. 1061 Police Grant Fund to purchase law enforcement equipment for
the Police Department and Nueces County.
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Garrett, Elizondo, Hummell, Kelly, Leal, McCutchon, and Marez, voting
"Aye"; Cooper and Martinez were absent.
5.a. RESOLUTION NO. 027862
Resolution authorizing the City Manager or his designee to execute all documents necessary
to accept a $220,000 grant from the Texas Department of Agriculture to provide after school
snacks to youth enrolled in after school programs for FY 2008-2009.
The foregoing resolution was passed and approved with the following vote: Garrett,
Elizondo, Hummell, Kelly, Leal, McCutchon, and Marez, voting "Aye"; Cooper and Martinez
were absent.
5.b. ORDINANCE NO. 027863
Ordinance appropriating a grant in the amount of $220,000 from the Texas Department of
Agriculture in the No. 1067 Parks and Recreation Grants Fund to operate the Child and
Adult Care Food Program.
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Garrett, Elizondo, Hummell, Kelly, Leal, McCutchon, and Marez, voting
"Aye"; Cooper and Martinez were absent.
Minutes — Regular Council Meeting
September 23, 2008 — Page 3
5c. RESOLUTION NO. 027864
Resolution authorizing the City Manager or his designee to execute an Interlocal
Cooperation Agreement with the Corpus Christi Independent School District for the After
School Snack — Child and Adult Care Food Program.
The foregoing resolution was passed and approved with the following vote: Garrett,
Elizondo, Hummell, Kelly, Leal, McCutchon, and Marez, voting "Aye"; Cooper and Martinez
were absent.
6. MOTION NO. 2008-253
Motion authorizing the City Manager or his designee to issue a permit for the temporary
street closures of Hughes Street from Chaparral Street to Mesquite Street and Fitzgerald
Street from Chaparral Street to Mesquite Street for the 48'" Annual Texas Jazz Festival,
starting on Friday, October 17, 2008 at 8:00 a.m. through Sunday, October 19, 2008 at
11:59 p.m. upon meeting the conditions and requirements for permit in Sec. 49-17.
The foregoing motion was passed and approved with the following vote: Garrett, Elizondo,
Hummell, Kelly, Leal, McCutchon, and Marez, voting "Aye"; Cooper and Martinez were
absent.
7. FIRST READING ORDINANCE
Authorizing the City Manager or his designee to lease Real Property to the United States
Coast Guard for $1.00 a year for a term of nineteen years, nine months (beginning on
January 1, 2009 and ending on September 30, 2028) in connection with a navigation marker
mounted on the east wall of the South Texas Institute for the Arts Building, an Aid To
Navigation (Aton) structure known as the "Corpus Christi Channel Cut "B" West Range Front
Light (Ac117817)"; providing for publication.
The foregoing ordinance was passed and approved on its first reading with the following
vote: Garrett, Elizondo, Hummell, Kelly, Leal, McCutchon, and Marez, voting "Aye"; Cooper
and Martinez were absent.
8. FIRST READING ORDINANCE
Amending the Code of Ordinances, City of Corpus Christi, Chapter 55 regarding rules and
procedures for Public Access Cablecasting regarding program delivery deadline time;
providing for publication.
The foregoing ordinance was passed and approved on its first reading with the following
vote: Garrett, Elizondo, Hummell, Kelly, Leal, McCutchon, and Marez, voting "Aye"; Cooper
and Martinez were absent.
Mayor Garrett referred to Item 9, and a motion was made, seconded and passed to open the
public hearing on the following zoning case:
Minutes — Regular Council Meeting
September 23, 2008 — Page 4
Case No. 0808-03, Southside Paint and Body, LLC: A change of zoning from "B-4" General
Business District to a "1-2" Light Industrial District resulting in a change of land use from
commercial to Tight industrial for an automotive paint and body repair shop on property
described as Saratoga Weber Plaza Block 7, Lot 12, located at 3902 Acushnet Street,
approximately 500 feet west of the Weber Road and Acushnet Street intersection.
City Secretary Chapa stated that the Planning Commission and staff recommended denial of
the "1-2" Light Industrial District and in lieu thereof, approval of a Special Permit for "automobile
repair, heavy" uses without outdoor storage on the subject property, subject to a site plan and seven
(7) conditions.
No one appeared in opposition to the zoning change. Mr. Kelly made a motion to close the
public hearing, seconded by Mr. Marez, and passed. Mr. Chapa polled the Council for their votes as
follows:
9. ORDINANCE NO. 027865
Amending the Zoning Ordinance, upon application by Southside Paint & Body, LLC, by
changing the Zoning Map in reference to Saratoga Weber Plaza, Block 7, Lot 12, from "B-4"
General Business District to "B-4/SP" General Business District with a Special Permit to
allow for an automotive paint and body repair shop, subject to a site plan and seven (7)
conditions; amending the Comprehensive Plan to account for any deviations from the
existing Comprehensive Plan; providing a repealer clause; providing for publication.
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Garrett, Elizondo, Hummell, Kelly, Leal, McCutchon, and Marez, voting
"Aye"; Cooper and Martinez were absent.
Mayor Garrett referred to Item 10, and a motion was made, seconded and passed to open
the public hearing on the following alcohol variance request:
10.a. Public hearing on a request for a variance from Dolores Gonzalez to operate an on -premises
alcoholic beverage establishment known as El Tapatio Mexican Grill located at 13941
Northwest Boulevard.
No one appeared in opposition to the alcohol variance request. Mr. Elizondo made a motion
to close the public hearing, seconded by Mr. Kelly, and passed. Mr. Chapa polled the Council for
their votes as follows:
10.b. RESOLUTION NO. 027866
Resolution granting a variance under Section 4-5(f) of the Code of Ordinances to Dolores
Gonzalez, d.b.a. El Tapatio Mexican Grill, to operate an on -premises alcoholic beverage
establishment located at 13941 Northwest Boulevard.
The foregoing resolution was passed and approved with the following vote: Garrett,
Elizondo, Hummell, Kelly, Leal, McCutchon, and Marez, voting "Aye"; Cooper and Martinez
were absent.
Minutes — Regular Council Meeting
September 23, 2008 — Page 5
Mayor Garrett read the following statement regarding Item 11:
"Due to current market conditions resulting in an unstable market and upon the advice of the
City's financial advisor, consideration of the sale of the City's solid waste certificates of obligation
shall be delayed for one week, and shall be considered at the September 30, 2008 City Council
meeting.
11. POSTPONED UNTIL SEPTEMBER 23, 2008
Ordinance by thc City Council of thc City of Corpus Christi, Texas, providing for the ic..uancc
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Mayor Garrett called for petitions from the audience. J.E. O'Brien, 4130 Pompano, spoke
regarding the general fund balance; the debt service fund balance; the effective tax rate; increased
taxes; and the issuance of bonds. Jack Gordy, 4118 Bray, spoke regarding the procedures for filling
potholes and the Council insurance.
There being no further business to come before the Council, Mayor Garrett adjourned the
Council meeting at 10:17 a.m. on September 23, 2008.
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