HomeMy WebLinkAboutMinutes City Council - 08/18/2009I 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 August 18, 2009, which were approved by the City
Council on August 25, 2009.
WITNESSETH MY HAND AND SEAL, on this the 25th day of August, 2009.
Armando Chapa
City Secretary
SEAL
INDEXED
PRESENT
Mayor Joe Adame
Mayor Pro Tem John Marez
Council Members:
Chris N. Adler
Brent Chesney
Larry Elizondo, Sr.
Kevin Ki esch n ick
Priscilla Leal
Nelda Martinez
Mark Scott
MINUTES
CITY OF CORPUS CHRISTI, TEXAS
Regular Council Meeting
August 18, 2009 - 12:00 p.m.
City Staff:
City Manager Angel R. Escobar
City Attorney Mary Kay Fischer
City Secretary Armando Chapa
Mayor Adame called the meeting to order in the Council Chambers of City Hall.
The invocation was delivered by Reverend Eutimio "Tim" Gonzales, Jr. with Kelsey Memorial
United Methodist Church and the Pledge of Allegiance to the United States flag was led by Council
Member Chris Adler.
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 July 28,
2009. A motion was made and passed to approve the minutes as presented.
* * * * * * * * * * * *
Mayor Adame called for petitions from the audience. Gerald Sansing, 5426 Chevy Chase,
requested that the Council consider listening to a presentation by local physicians regarding the Las
Brisasp lant. Brandi Williams, 2518 Scabbard, thanked the Council for restoring the Sister City
budget. Wilson Wakefield, 6026 Killarmet, spoke in opposition to the Las Brisas plant. Jack Gordy, 4118 Bray Drive, spoke oke regarding the makeup of the Cable Commission and removal ofa member.
Rene Saenz spoke regarding the Human Relations Commission Scholarship program. Assistant
p
City
ManagerMarg ie Rose informed the Council that an update on the program would be provided
in the CityManager's packet. John Gonsalves, 1514 Oak Harbor Drive, spoke regarding the use of
gray water in lieu of potable water for testing the water pressure and fire hydrants. Council Member
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Mark Scott asked staff to distribute to the Council a copy of the two water projects including the use
of effluent water in city parks and the improvements at the G.N. Stevens Water Treatment Plant.
Buddy Murphrey, Mur hre , 5305 Wimbledon, spoke regarding a complaint filed against police officer
Ron Zirbes and reinstating Bryan Smith as Police Chief. Carole Murphrey, 6306 Wimbledon, spoke
in support of Bryan Smith as Police Chief and asked the City to reopen the internal affairs
pp rY
Bryan on
investigation B an Smith. Council Member Leal requested that staff provide a copy of the City's
g
policy on
recordingto Ms. Murphrey. Carolyn Moon, 4902 Calvin, spoke in opposition to the City
receiving a loan from the State of Texas to build a pipeline. Trian Serbu, 14310 Playa del Rey,
asked the Council to consider a project that would keep the Bayfront open. Mr. Serbu stated that it
would be a disservice to the future of the City to build on the Bayfront. Council Member Leal directed
staff top rovide Mr. Serbu with a copy of the Bayfront Master Plan. Cheryl Martinez, 5403 Everhart,
spoke regarding the budget cuts to Animal Control and the good job being performed by the Animal
p g g g
Control department. Maria Gonzales, 1813 Amazon, requested that that the financial policies be
Minutes -- Regular Council Meeting
August 18, 2009 — Page 2
amended to provide raises for employees living below poverty level. Peggy Duran, 4022
Congressional, asked the Council to reconsider the Las Brisas plant. Ann E. Smith, 1005
Meadowbrook, stated that it was not a clean economy decision to bring Las Brisas to the area.
Kostas Livaditis, 3735 Alameda, suggested bringing NASCAR racing to the City to bring in new
revenue.
Cliff Harris, 1017 Antelope, spoke regarding the assistance of the police department to
resolve the homeless issue on the Leopard Street Corridor and former police Chief Bryan Smith.
Gilbert Cortinas, 1826 Leopard, spoke in support of police officer Ron Zirbes and his work in the
community. Rudy Medina, 5413 Cain Drive, spoke regarding code enforcement violations on a
property located on Holly Road. Council Member Chesney announced that he would abstain from
any discussion or action regarding this property. Abel Alonzo, 1701 Thames, asked the public to
keep an open mind and trust that the Council will do what is in the best interest of the community.
Doug Hoffman, 5402 Hoffman, spoke regarding the group "In the Interest of Justice" and
encouraged the Council to take the time to research important issues. Wayne Hodge, 3626
Redwood, spoke on behalf of police officer Ron Zirbes and in support of the Las Brisas plant. Carrie
Robertson, 4401 Gulf Breeze Boulevard, spoke regarding the improvements on North Beach and
expressed concern regarding the effect of the Las Brisas plant on tourism and the water supply. J.E.
O'Brien, 4130 Pompano, spoke regarding accountability of the elected officials and city staff.
* * * * * * * * * * * * *
Mayor Adame opened discussion on Item 30 regarding an appeal by Ronald A. Voss, Sr., of
the Building Standards Board's decision to require demolition of the west wing of the structure
located at Lot 2, Copps Addition, commonly known as 1502 Tarlton Street. Assistant City Manager
Margie Rose explained that on March 26, 2009, the Building Standards Board found the building or
structure to be substandard and ordered the owner to demolish the west wing of the subject property
with the exception to the concrete slab; obtain any and all permits within 30 days; provide complete
security from the slab and/or walls existing between the east and west wing; remove debris within 30
days from date of notice; and if demolition and security is not started and completed as required,
then the City is authorized to demolish. Ms. Rose added that staff has met with Mr. Voss and his
attorney regarding the violations on the property and have come up with a resolution to those issues.
Arnold Gonzales, Jr., representative for Ronald Voss, requested that Council approve the
compromise agreement between the City and Mr. Voss. Mr. Gonzales stated that the owner is going
to comply with the issues addressed in the agreement.
Mr. Scott made a motion to sustain, in part, the appeal filed by Ronald A. Voss, Sr., of the
order issued by the Building Standards Board on March 26, 2009, in effect the Council is upholding
the demolition action that has been ordered, however it is modifying the Board's order to recognize
the agreement of the parties, and the deadlines set out therein, and incorporate the terms of the
agreement into the Board's order. The motion was seconded by Mr. Kieschnick.
In response to Council Member Chesney, Assistant City Manager Elizabeth Hu nd ley stated
that Mr. Voss has assured the City that he is going to be compliant with the order and in the event
that any other issues arise, the City will provide proper notice to the owner.
There were no comments from the audience. City Secretary Chapa polled the Council for
their votes as follows:
Minutes -- Regular Council Meeting
August 18, 2009 — Page 3
30. MOTION NO. 2009-235
Motion to sustain, in part, the appeal filed by Ronald A. Voss, Sr., of the order issued by the
Building Standards Board on March 26, 2009, in effect the Council is upholding the
demolition action that has been ordered, however it is modifying the Board's order to
recognize the agreement of the parties, and the deadlines set out therein, and incorporate
the terms of the agreement into the Board's order.
The foregoing motion was passed and approved with the following vote: Adame, Adler,
Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye".
* * * * * * * * * * * * *
Mayor Adame announced the executive session, which was listed on the agenda as follows:
2. Executive session pursuant to the Texas Government Code Section 551.074 Personnel
Matters to deliberate the appointment, employment, evaluation, reassignment, duties,
discipline, or dismissal of Municipal Court Judges including the appointment of a Presiding
Municipal Court Judge with possible related discussion and action in open session.
The Council returned from executive session.
*************
Mayor Adame referred to Item 20, and a motion was made, seconded and passed to open
the public hearing on the following annexation:
20.a. Public Hearing to consider granting the Petition of the Veterans' Land Board of the State of
Texas for annexation of 54.837 acres of land, located at the intersection of Carbon Plant
Road and the eastern Interstate Highway 37 service road, into the City of Corpus Christi,
Texas.
Senior City Planner Bob Payne stated that this item is a request for annexation by petition of
the property owner, The Texas Veterans Land Board of the State of Texas. Mr. Payne referred to a
powerpoint presentation including area location map; a background; the aerial photograph and the
oblique aerial photograph; the existing land use map; and staff's recommendation.
Mayor Adame called for comments from the audience. Jack Slaton, Director of the Texas
State Veterans Cemetery Program, stated that the purpose of the annexation was to protect the
dignity of the veterans' cemetery site. Ms. Martinez made a motion to close the public hearing,
seconded by Ms. Leal, and passed. Mr. Chapa polled the Council for their votes as follows:
20.a. RESOLUTION NO. 028267
Resolution granting the Petition of the Veterans' Land Board of the State of Texas for
annexation of 54.837 acres of land, located at the intersection of Carbon Plant Road and the
eastern Interstate Highway 37 service road, into the City of Corpus Christi, Texas.
The foregoing resolution was passed and approved with the following vote: Adame, Adler,
Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye"
Minutes — Regular Council Meeting
August 18, 2009 -- Page 4
20.b. ORDINANCE NO. 028268
Ordinance annexing 54.837 acres of land owned by the Veterans' Land Board of the State of
Texas, located at the intersection of Carbon Plant Road and the eastern Interstate Highway
37 service road, providing that the owners and inhabitants are entitled to all rights, privileges,
and burdens of other citizens and property owners of the City of Corpus Christi and are
subject to and bound by the City Charter, ordinances, resolutions, and rules; providing for
amendment of the official maps of the City of Corpus Christi; providing an effective date.
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and
Scott, voting "Aye"
Mayor Adame referred to Item 21, and a motion was made, seconded and passed to open
the public hearing on the following zoning case:
Case No. 00609-02, City of Corpus Christi: Zoning newly annexed land to a "F -R" Farm
Rural District resulting in a change of land use from vacant to agricultural land use on
property described as 54.837 acres of land, more or less out of the following tracts:
1) A 2.158 acre tract recorded In Document No. 2004035681, Official Public Records of
Nueces County, Texas;
2) A 34.19 acre tract recorded in Volume 2130, Page 84, Deed Records of Nueces County,
Texas;
3) A 54.91 acre Tract recorded in Volume 1713, Page 102, Deed Records of Nueces
County, Texas; and
4) A 40 acre tract recorded in Volume 1810, Page 224, Deed Records of Nueces County,
Texas, and this tract being out of Desiderio Martinez Survey 420, A-857, and Pedro
Hinojosa Survey, A-850.
City Secretary Chapa stated that the Planning Commission and staff recommended approval
to zone newly annexed land to a "F -R" Farm Rural Zoning District.
Senior City Planner Bob Kayne referred to a powerpoint presentation including the area
location map; the subject case area; the 2007 aerial photograph; "F -R" Farm -Rural uses; photos of
the subject property; the existing land use map; the future land use map; and staff's
recommendation.
No one appeared in opposition to the zoning change. Mr. Scott made a motion to close the
public hearing, seconded by Mr. Elizondo, and passed. Mr. Chapa polled the Council for their votes
as follows:
21. ORDINANCE N O. 028269
Ordinance amending the Zoning Map of the City of Corpus Christi in reference to newly
annexed property owned by the Veterans' Land Board of the State of Texas, located at the
intersection of Carbon Plant Road and the Interstate Highway 37 East Service Road, as a
"F -R" Farm -Rural District; amending conflicting provisions of the City's Comprehensive Plan;
repealing conflicting ordinances, providing for penalties; providing for publication.
Minutes — Regular Council Meeting
August 18, 2009 -- Page 5
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and
Scott, voting "Aye".
* * * * * * * * * * * * *
Mayor Adame opened discussion on Item 26 regarding the Code of Ethics. Jim Cramer,
Chairman of the Ethics Commission, introduced the presentation team including Vice Chair Linda
Figueroa; Robert Corrigan; Joe Guzman; Harlan Heitkamp; and Rick Marcantonio. Mr. Cramer
stated that the Ethics Commission was not influenced by this City Council or any previous Council.
Mr. Cramer reported that the Commission reviewed and considered ordinances from six (6) cities.
Mr. Cramer added that the Commission believes that the City Council should have the right to do
business with the City but should not benefit financially or take advantage of their office and when
voting, make every effort be taken to avoid a real or potential conflict of interest.
Mr. Cramer provided an overview of the changes to the ordinance including the preamble;
gifts; conflict of interest; provisions for council members and employees; the definition of economic
benefit and substantial interest; adding provision in the duties of the Ethics Commission; revising the
content of reports; and disclosure of interest by contractors.
The following topics pertaining to the item were discussed: how the changes to the definition
of conflict of interest are different from the provisions the Council is currently doing; council
members not being held responsible if they have no knowledge of their business having a contract
with the City; the provision that requires a council member to disclose, prior to voting on the matter
before the City Council, if there may be an economic interest in the matter to a party of entity that
had contributed $1,000 or greater to his/her campaign in the preceding 24 months; re -disclosing
information previously provided in campaign finance reports; whether the ordinance addresses the
length of time a council member can go to work with an entity that does business with the City;
nepotism; previous language in the ordinance prior to the amendment on May 12th that as a council
member, you shall not have a substantial interest in any contract with the city; and including
language to Section 2-342(i) that states that a list of all contracts between the City and any business
or entity in which the council member has substantial interest, including the date, term, type of good
or services provided and the amount of the contract.
Mr. Elizondo made a motion to amend the ordinance to delete Section 2-311(15) regarding
the disclosure of $1,000 donations. The motion was seconded by Mr. Kieschnick. Ms. Martinez
made an amendment to the motion to replace the following language as Section 2-311(15), "as a
council member, you shall not have a substantial interest in any contract with the city". Mr. Elizondo
declined the amendment. City Secretary Chapa polled the Council for their votes as follows:
The foregoing motion was passed and approved with the following vote: Adame, Adler,
Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye".
Ms. Martinez made a motion to include the following language to Section 2-342, "a list of all
contracts between the City of Corpus Christi and any business or other entity in which the council
member has substantial interest, including the date, term, type of good or services provided and the
amount of the contract. A brief discussion ensued regarding the intent of the language. City Attorney
Fischer clarified that the intent was to disclose any type of contract where the council member might
benefit as a result of contracting with the City. Ms. Martinez withdrew her motion.
City Secretary Chapa polled the Council for their votes as follows:
Minutes --- Regular Council Meeting
August 18, 2009 — Page 6
26. ORDINANCE NO. 028271
Ordinance amending the Code of Ordinances, City of Corpus Christi, Chapter 2, Article V,
Code of Ethics, regarding conflicts of interest, gifts, financial disclosure reports, ethics
commission duties, and disclosure of interests; providing for publication; and providing an
effective date.
An emergency was declared, and the foregoing ordinance was passed and approved as
amended with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal,
Marez, Martinez, and Scott, voting "Aye".
Mayor Adame opened discussion on Item 29 regarding the Firefighters' Retirement System.
Interim Director of Financial Services Constance Sanchez explained that this issue arose in July
2007 when the plan document for the Fire Fighters Retirement System was amended in reference to
calculating the service retirement benefits. Ms. Sanchez added that in the course of figuring out the
new calculation, it was determined that the firefighters uniform allowance was not included in the
base upon which the City and the firefighter contributions are being computed and it was also
discovered that drag up pay was being included that shouldn't have. Ms. Sanchez reported that this
item is approving the recommendation to correct this issue.
There were no comments from the audience. City Secretary Chapa polled the Council for
their votes as follows:
29.a. ORDINANCE NO. 028273
Ordinance appropriating $112,844.58 of the Unreserved Fund Balance in the General Fund
No. 1020 for payment to the Corpus Christi Firefighters' Retirement System for past uniform
allowance contributions; changing the FY 2009-2010 Operating Budget adopted by
Ordinance No. 028252 by increasing expenditures by $112,844.58.
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Adame, Adler, Chesney, Elizondo, Leal, Marez, Martinez, and Scott,
voting "Aye"; Kieschnick was absent.
29.b. MOTION NO. 2009-234
Motion authorizing payment to the Corpus Christi Firefighters' Retirement System in the
amount of $112,844.58 for past uniform allowance contributions - contingent upon a written
resolution from the Board of Trustees for the Corpus Christi Fire Fighters' Retirement
System that the Board will take all reasonable efforts to secure approval from the active
firefighters for their contributions.
The foregoing motion was passed and approved with the following vote: Adame, Adler,
Chesney, Elizondo, Leal, Marez, Martinez, and Scott, voting "Aye"; Kieschnick was absent.
* * * * * * * * * * * *
Mayor Adame called for consideration of the consent agenda (Items 4 - 19). There were no
comments from the public. City Secretary Chapa polled the Council for their votes as follows:
Minutes — Regular Council Meeting
August 18, 2009 — Page 7
4 MOTION NO. 2009-222
Motion authorizing the purchase of specialized equipment for Nueces County for a total
amount of $110,500 under the Community Preparedness Section/Bioterrorism Discretionary
Fund Projects Phase 11 Grant awarded to the Corpus Christi-Nueces County Public Health
District and available in the Health Grant Fund 9100.
The foregoing motion was passed and approved with the following vote: Adame, Adler,
Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye".
5. MOTION NO. 2009-223
Motion approving a supply agreement with Ergon Asphalt & Emulsions, Inc., of Austin,
Texas for emulsified polymerized asphalt (HFRS-2) in accordance with Bid Invitation No. BI-
0123- 09 based on only bid for an estimated semi-annual expenditure of $289,450. The
term of the agreement shall be for six months with options to extend for up to five additional
six-month periods, subject to the approval of the supplier and the City Manager or his
designee. Funds have been budgeted by the Street Department for FY 2009-2010.
The foregoing motion was passed and approved with the following vote: Adame, Adler,
Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye".
6. MOTION NO. 2009-224
Motion approving a supply agreement with IDEXX Distribution Inc., of Westbrook, Maine for
the laboratory testing reagent "Colilert" in accordance with Bid Invitation No. BI -0172-09
based on sole source for an estimated annual expenditure of $52,577.50. The term of the
supply agreement shall be for twelve months with an option to extend for up to two additional
twelve month periods, subject to the approval of the supplier and the City Manager or his
designee. Funds have been budgeted by the Health and Water Departments for FY 2009-
2010.
The foregoing motion was passed and approved with the following vote: Adame, Adler,
Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye".
7.a. MOTION NO. 2009-225
Motion authorizing the City Manager or his designee to accept a grant in the amount of
$1,132,124 from the U.S. Department of Justice, Bureau of Justice Assistance, for funding
eligible under the FY 2009 Recovery Act Edward Byrne Justice Assistance Grant, funds to
be distributed to Nueces County, City of Robstown, and City of Port Aransas under the
established Interlocal Agreements, and to execute all related documents.
The foregoing motion was passed and approved with the following vote: Adame, Adler,
Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye".
7.b. ORDINANCE NO. 028262
Ordinance appropriating $1,132,124 from the U.S. Department of Justice, Bureau of Justice
Assistance in the No. 1061 Police Grant Fund to be distributed to City of Corpus Christi,
Nueces County, City of Robstown, and City of Port Aransas for the purchase of law
enforcement equipment.
Minutes -- Regular Council Meeting
August 18, 2009 — Page 8
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and
Scott, voting "Aye".
8. RESOLUTION NO. 028263
Resolution authorizing the City Manager, or his designee, to execute a second amendment
to the interlocal Agreement on the Integrated Alert Notifications and Information System
between the City of Corpus Christi, Nueces County and Kleberg County.
The foregoing resolution was passed and approved with the following vote: Adame, Adler,
Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye".
9. ORDINANCE NO. 028264
Ordinance authorizing sale of sixty-seven (67) properties shown on the attached and
incorporated Exhibit A at a tax resale auction with opening bids of 30% of the most recent
tax appraisal value as described on the attached Exhibit A.
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott,
voting "Aye"; Chesney abstained.
10. MOTION NO. 2009-226
Motion authorizing the City Manager or his designee to execute an annual joint funding
agreement with the United States Geological Society (USGS), U.S. Department of the
Interior, to gather and maintain accurate records of all inflows and releases in the reservoir
system as per Texas Water Rights Permit No. 3358 and for the continuation of surface water
quality data collection by the USGS. The City will contribute an amount of $320,455 out of a
total project cost of $379,230 during the federal fiscal year October 1, 2009 through
September 30, 2010.
The foregoing motion was passed and approved with the following vote: Adame, Adler,
Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye".
11. MOTION NO.2009-227
Motion authorizing the City Manager, or his designee, to execute a construction contract for
the Base Bid, and Additive Alternate 1 with Haeber Roofing Company, of Corpus Christi,
Texas in an amount not to exceed $170,985.00 for the Corpus Christi International Airport
for the Terminal Re -Roofing Project, Old Wing - 2008.
The foregoing motion was passed and approved with the following vote: Adame, Adler,
Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye"
12. MOTION NO. 2009-228
Motion authorizing the City Manager or his designee to execute Amendment No. 5 to the
Contract for Professional Services with HDR Engineering Inc., of Corpus Christi, Texas, in
the amount of $269,131.94 for a revised fee not to exceed $961,863.18 for Greenwood
Drive, Phase 1 from Gollihar to SPID for additional construction administration and
construction observation services. (BOND ISSUE 2004)
Minutes -- Regular Council Meeting
August 18, 2009 — Page 9
The foregoing motion was passed and approved with the following vote: Adame, Adler,
Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye".
13. MOTION NO. 2009-229
Motion authorizing the City Manager, or his designee, to execute Change Order No. 1 to the
construction contract with SLC Construction, L. P. of Conroe, Texas in the amount of
$195,060, for a total restated fee of $8,241,388.91, for North Port Avenue from IH 37 to US
181 for the box culvert crossing under North Port Avenue. (BOND ISSUE 2004)
The foregoing motion was passed and approved with the following vote: Adame, Adler,
Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye".
14. MOTION NO. 2009-230
Motion authorizing the City Manager or his designee to execute Amendment No. 1 to the
Contract for Professional Services with Urban Engineering of Corpus Christi, Texas, in the
amount of $82,500 for a total restated fee of $1,339,000 for design of the revised offsite
drainage improvements for Flour Bluff Drive, Phase 1 from South Padre Island Drive to
Graham Road. (BOND ISSUE 2008)
The foregoing motion was passed and approved with the following vote: Adame, Adler,
Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye".
15. ORDINANCE NO. 028265
Ordinance authorizing the City Manager or his designee to execute a three (3) year
Temporary Parking Lease Agreement of 1.10 acres of vacant land from St. John Baptist
Church at the rate of $350 per use plus $70 for mowing, if needed, for use as accessory
parking needed for the periodic auctions of the New Vehicle Impound Lot located at
Greenwood Drive.
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and
Scott, voting "Aye"
16.a. MOTION NO. 2009-231
Motion authorizing the City Manager or his designee to execute a Participation Agreement
with Grace United Methodist Church, Developer of Nueces River Irrigation Park, Block 2, Lot
2A, located south of Northwest Boulevard (FM 624) and east of River Hills Drive, for the
extension of River Hills Drive.
The foregoing motion was passed and approved with the following vote: Adame, Adler,
Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye".
16.b. ORDINANCE NO. 028266
Ordinance appropriating $150,488.43 from the Bond 2008, Streets Developer Participation
Funds to reimburse Grace United Methodist Church for the City's portion of the cost for the
extension of River Hills Drive, as specified in the Participation Agreement.
Minutes — Regular Council Meeting
August 18, 2009 — Page 10
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and
Scott, voting "Aye".
17. FIRST READING ORDINANCE
Revising Section 12-7, Code of Ordinances, City of Corpus Christi, to allow swimming in the
Corpus Christi Marina during special events approved by the Marina Superintendent;
providing for penalties; and providing for publication.
The foregoing ordinance was passed and approved on its first reading with the following
vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting
"Aye".
18. FIRST READING ORDINANCE
Amending the Code of Ordinances, Chapter 2 "Administration," to establish the Advisory
Committee on Community Pride; providing for publication.
The foregoing ordinance was passed and approved on its first reading with the following
vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting
"Aye".
19. FIRST READING ORDINANCE
Revising Section 16-4, Code of Ordinances, City of Corpus Christi, to authorize the presiding
officer to waive or reduce the Technical Construction Codes Fees after a declaration of a
local state of disaster; providing for publication.
The foregoing ordinance was passed and approved on its first reading with the following
vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting
"Aye".
* * * * * * * * * * * * *
Mayor Adame referred to Item 2 and the following board appointments were made:
Animal Control Advisory Committee
William R. Schroeder (Reappointed)
Helen Sterback (Appointed)
Cheryl Martinez (Appointed)
Building Standards Board
Ted Stephens (Reappointed)
Frank Hastings (Reappointed)
Shane Torno (Appointed)
Community Youth Development (78415) Program Steering Committee.
Rosa "Linda" Rincon (Reappointed)
Xiao Bohannon (Reappointed)
Rosa E. Pizzi (Appointed)
Intergovernmental Commission on Drug and Alcohol Abuse
Jesus S. Molina (Reappointed)
Jean Newberry (Reappointed)
Jim Lago (Reappointed)
Minutes — Regular Council Meeting
August 18, 2009 — Page 11
Park and Recreation Advisory Committee
Hunter Young (Reappointed)
Lisa Ann Torres (Reappointed)
Dr. Jinsum Kim (Reappointed)
Sylvia Samaniego (Reappointed)
* * * * * * * * * * * * *
Mayor Adame referred to Item 22, and a motion was made, seconded and passed to open
the public hearing on the following zoning case:
Case No. 0609-01, Scott Ellison/Carl Howard: A change of zoning from a "F -R" Farm Rural
District to a "B -2A" Barrier Island Business District resulting in a change of land use from
vacant farm land to commercial on property described as 12.25 acres out of a 12.95 acre
tract of land out of the William Bryan Survey, A-46, recorded in Volume 1854, Page 421 of
the Deed of Records of Nueces County, Texas, on the west side of State Highway 361
located between Mustang Island State Park and Packery Channel.
City Secretary Chapa stated that the Planning Commission and staff recommended approval
of the "B -2A" Barrier Island Business District.
No one appeared in opposition to the zoning change. Mr. Scott made a motion to close the
public hearing, seconded by Mr. Marez, and passed. Mr. Chapa polled the Council for their votes as
follows:
22. ORDINANCE NO. 028270
Ordinance amending the Zoning Ordinance, upon application by Scott Ellison and Carl
Howard, by changing the Zoning Map in reference to 12.25 acres out of 12.95 acre tract of
land out of the William Bryan Survey, A-46, from "F -R" Farm Rural District to "B -2A" Barrier
Island Business District; amending the Comprehensive Plan to account for any deviations
from the existing Comprehensive Pian; 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, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and
Scott, voting "Aye"
* * * * * * * * * * * * *
Mayor Adame opened discussion on Item 27 regarding the creation of the Coastal Bend
Cultural Education Facilities Finance Corporation. Director of Intergovernmental Relations Rudy
Garza explained that the last legislative session passed Senate Bill 1035 which allowed the City to
create the Coastal Bend Cultural Education Facilities Finance Corporation which would eventually
replace the Coastal Bend Health Facilities Development Corporation. Mr. Garza reported that this
new entity will allow for the corporation to assist non-profit organizations and serve the entire region.
John Bell, Attorney, stated that the legislation allows the City to sponsor financing of cultural or
education projects through this financing.
There were no comments from the audience. City Secretary Chapa polled the Council for
their votes as follows:
Minutes — Regular Council Meeting
August 18, 2009 — Page 12
27. RESOLUTION NO. 028272
Resolution approving creation of the Coastal Bend Cultural Education Facilities Finance
Corporation; approving the Articles of Incorporation and Bylaws; appointing the Initial
Directors; and containing other provisions relating to the subject.
The foregoing resolution was passed and approved with the following vote: Adame,
Chesney, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye"; Adler and Elizondo
were absent.
Mayor Adame opened discussion on Item 28 regarding state and federal governmental
relations services. Director of intergovernmental Relations Rudy Garza stated that the last legislation
was very successful and that staff is recommending renewing the contracts with HiIICo Partners and
Meyers & Associates.
The following topics pertaining to this item were discussed: whether there was a need for a
Request for Proposal (RFP) process; keeping legislative delegates informed; involving other lobbyist
on specific issues; and the consultants the City works with at H1IICo Partners.
Council Member Scott requested that staff provide the Council with information on what the
City wants the lobbyist to be working on within the next ten (10) months.
There were no comments from the audience. City Secretary Chapa polled the Council for
their votes as follows:
28.a. MOTION NO. 2009-232
Motion authorizing the City Manager or his designee to execute a renewal agreement
between the City of Corpus Christi and HiIICo Partners for state governmental relations
services in the amount of $63,000.
The foregoing motion was passed and approved with the following vote: Adame, Adler,
Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye".
28.b. MOTION NO. 2009-233
Motion authorizing the City N(anager or his designee to execute a renewal agreement
between the City of Corpus Christi and Meyers & Associates for federal governmental
relations services in the amount of $90,000.
The foregoing motion was passed and approved with the following vote: Adame, Adler,
Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye".
Mayor Adame referred to item 23, and a motion was made, seconded and passed to open
the public hearing on the following street closure:
23. Public Hearing to consider and First Reading ordinance abandoning and vacating a 20,971 -
square foot portion of undeveloped and unsurfaced, dedicated public right-of-way (Nile
Drive), located west of Ennis Joslin Road public right-of-way; subject to compliance with the
specified conditions.
Minutes — Regular Council Meeting
August 18, 2009 — Page 13
Interim Assistant City Manager of Development Services Johnny Perales explained that this
item is the public hearing and first reading on the closure of a section of the Nile Drive right-of-way
as part of the declaration of gift and agreement between the City and Texas A & M University
(TAMU) System for the expansion of TAMU-CC. Mr. Perales stated that the fair market value will not
be assessed.
No one appeared in opposition to the street closure. 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:
23. FIRST READING ORDINANCE
Abandoning and vacating a 26,971 -square foot portion of undeveloped and unsurfaced,
dedicated public right-of-way (Nile Drive), located west of Ennis Joslin Road public right-of-
way; subject to compliance with the specified conditions.
The foregoing ordinance was passed and approved on its first reading with the following
vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Martinez, and Scott, voting "Aye";
Marez was absent.
Item 24 was withdrawn by staff.
24. WITHDRAWN BY STAFF
Mayor Adame referred to Item 25, and a motion was made, seconded and passed to open
the public hearing on the ad valorem tax rate:
25. First Public Hearing on proposed Ad Valorem Tax Rate increase.
Interim Director of Financial Services Constance Sanchez stated that the state property tax
code requires that two public hearing be held when a taxing unit proposes to impose an amount of
property taxes that exceeds the preceding year's property taxes. Ms. Sanchez added that the
proposed property tax rate is the same as last year however the effective tax rate is slightly higher.
Ms. Sanchez referred to a powerpoint presentation including definitions of the effective and
rollback tax rates; history of assessed valuation and ad valorem tax rates; and the 2009 tax rates
per $100 valuation.
Council Member Chesney applauded the current and previous Council for maintaining the
tax rate. In response to Council Member Leal, Ms. Sanchez stated that the tax rate is staying the
same however the effective tax rate is higher.
Mr. Elizondo made a motion to close the public hearing, seconded by Ms. Martinez, and
passed.
Mayor Adame stated that during the September 8, 2009 City Council meeting beginning at
12:00 p.m. at City Hall, the City Council will vote on the proposed tax rate.
* * * * * * * * * * * * *
Minutes — Regular Council Meeting
August 18, 2009 — Page 14
Mayor Adame referred to Item 31 regarding Water Conservation and Drought Management
Plan. Director of Water Operations Gustavo Gonzalez referred to a powerpoint presentation
including the sources of the regional water supply; a map of communities relying on regional surface
water system; safe yield; reservoir levels; Lake Texana; the drought contingency plan; the four
stages of the drought plan and response measures; TCEQ agreed order; option to develop water
conservation rate; water conservation programs; and long term supply strategies. Mr. Gonzalez
introduced Choke Canyon Reservoir Coordinator Norm Kuenstler, Public Relations and Marketing
Coordinator Yolanda Marruffo, and Lake Texana Work Coordinator Rene Marroquin who were
available to respond to questions.
The following topics pertaining to this item were discussed: the soft water conservation; the
last time the City had a community wide mandatory conservation; the drought management plan and
moving from the firm yield to safe yield.
Mayor Adame encouraged the Council Member to take a tour of the Water Department.
* * * * * * * * * * * * *
Council Member Martinez clarified that when Ethics Commission Member Marcantoniowas
discussing the previous language in Section 2-311 (15), he was referring to the ordinance approved
in May 2009 and stated that she was recommending amending the ordinance to include the
previous language in Section 2-311 (15) that had been in effect for 20 years. Ms. Martinez stated
that she was addressing language that the as a council member, individually, you shall not have a
substantial interest in any contract with the City.
* * * * * * * * * * * * *
Mayor Adame announced that the Council would return to executive session, which was
listed on the agenda as follows:
2. Executive session pursuant to the Texas Government Code Section 551.074 Personnel
Matters to deliberate the appointment, employment, evaluation, reassignment, duties,
discipline, or dismissal of Municipal Court Judges including the appointment of a Presiding
Municipal Court Judge with possible related discussion and action in open session.
The Council went into executive—session. The Council returned from executive session and
the following ordinance was passed with the following vote:
2. ORDINANCE NO. 028274
Ordinance appointing Margie Silva Flores as Presiding Judge of the Municipal Court of
pp g
Record in the City of Corpus Christi; determining salary; and providing a term of office.
An emergency was declared, and the foregoing ordinance was passed and approved with
g Y
the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and
Scott, voting "Aye".
* * * * * * * * * * * * *
Council Member Chesney requested that the Council reconsider Item 26 regarding the Code
of Ethics ordinance. Mr. Chesney made a motion to amend the ordinance to add Section 2-311 (15)
to read that "as a council member, individually, you shall not have a substantial interest in any
Minutes — Regular Council Meeting
August 18, 2009 --- Page 15
contract with the City of Corpus Christi. The motion was seconded by Ms. Martinez. Mr. Chesney
stated that the intent of this amendment is applied individually to council members and not to council
members businesses or council member's family members. A brief discussion ensued regarding the
difference between an individual and the Council Member owning a business. City Secretary Chapa
polled the Council for their votes as follows:
The foregoing motion was passed and approved with the following vote: Adame, Adler,
Chesney, Elizondo, Leal, Marez, Martinez, and Scott, voting "Aye"; Kieschnick voting "No".
City Secretary Chapa called for the vote on Item 26 as follows:
26. ORDINANCE NO. 028271
Ordinance amending the Code of Ordinances, City of Corpus Christi, Chapter 2, Article V,
Code of Ethics, regarding conflicts of interest, gifts, financial disclosure reports, ethics
commission duties, and disclosure of interests; providing for publication; and providing an
effective date.
An emergency was declared, and the foregoing ordinance was passed and approved as
amended with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal,
Marez, Martinez, and Scott, voting "Aye".
* * * * * * * * * * * * *
There being no further business to come before the Council, Mayor Adame adjourned the
Council meeting at 6:45 p.m. on August 18, 2009.
* * * * * * * * * * * * *