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HomeMy WebLinkAboutMinutes City Council - 01/25/2011MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting January 25, 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 (Arrived at 12:25 p.m.) City Staff: City Manager Angel R. Escobar 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 Pastor Kenneth Mutchler with Immanuel Fellowship and the Pledge of Allegiance to the United States flag was led by Council Member Scott. City Secretary Chapa called the roil 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 January 18, 2011. A motion was made and passed to approve the minutes as presented. ************ Mayor Adame called for consideration of the consent agenda (Items 2 - 13). There were no comments from the public. Council members requested that Items 2, 7, and 9 be pulled for individual consideration. City Secretary Chapa polled the Council for their votes as follows: 3. MOTION NO. 2011-025 Motion approving the purchase and installation of one play structure and rubber tiling from PlayPower LT Farmington, Inc., of Farmington, Missouri for a total amount of $328,497.60. The award is based on the Cooperative Purchasing Agreement with the Texas Local Government Cooperative (Texas Buy Board). The play structure and tiles are for the replacement of Kids Place in the Cole Park Capital Improvement Project. The foregoing motion was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye"; Strong was absent. 4. ORDINANCE NO. 028928 Ordinance appropriating $4,113.80 in excess funds from the U.S. Department of Housing and Urban Development (HUD) Fair Housing 2010 National Policy Conference in the No. 1020 General Fund for Fair Housing Outreach Activities in FY 2010-2011; changing FY 2010-2011 Operating Budget adopted by Ordinance No. 028683 by increasing revenues and expenditures by $4,113.80 each. INDEXED Minutes — Regular Council Meeting January 25, 2011 — Page 2 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"; Strong was absent. 5. ORDINANCE NO. 028929 Ordinance appropriating $117,552 from the Municipal Court Building Security Fund designated for Municipal Court facility security to include walk-thru detector services, Marshal security, two used vehicles, radios for the City Marshals, security remodeling and building security training; changing the FY 2010-2011 Operating Budget adopted by Ordinance No. 028683 to increase appropriations by $117,552. 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"; Strong was absent. 6. ORDINANCE NO. 028930 Ordinance appropriating $154,979 from the Municipal Court Technology Fund for Municipal Court technological improvements including leased workstations, laptops, printers, scanners and copiers, plus Court Software Data Base Analyst services and online payments interface; changing the FY 2010-2011 Operating Budget adopted by Ordinance No. 028683 to increase appropriations by $154,979. 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"; Strong was absent. 8. ORDINANCE NO. 028932 Ordinance appropriating $18,838 from the Municipal Court Judicial Improvement Fund for judicial improvements including the phone system, courtroom video system and security overtime for the Mothers Against Drunk Drivers (M.A.D.D.) program; changing the FY 2010- 2011 Operating Budget adopted by Ordinance No. 028683 to increase appropriations by $18,838. 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"; Strong was absent. 10. MOTION NO. 2011-027 Motion authorizing the City Manager or his designee to execute Amendment No. 1 to the professional engineering contract with Stridde Catlins and Associates, Inc. of Corpus Christi, Texas in an amount not to exceed $4,000 for a restated fee not to exceed $53,260 for the Selena Auditorium Lighting Control System and Infrastructure project. The foregoing motion was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye"; Strong was absent. Minutes — Regular Council Meeting January 25, 2011 — Page 3 11. MOTION NO. 2011-028 Motion authorizing the City Manager or his designee to execute a Job Order Contract with Barcom Commercial Inc. of Corpus Christi, Texas, in the amount of $54,796.49 for Westside Pony Fields Storage Building Improvements Project No. E10223. (BOND ISSUE 2008) The foregoing motion was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye"; Strong was absent. 12. MOTION NO. 2011-029 Motion authorizing the City Manager or his designee to execute a Special Warranty Deed granting, selling and conveying to the Wesley Community Center of Robstown, Texas, for the sum of $17,800, any right, title and interest the City may have to a certain 5 -acre tract of land located at 4015 MacArthur Street, by virtue of the absolute right of reversion contained in a Warranty Deed dated July 28, 1966, executed by the City of Corpus Christi to the Carmelite Sisters, D.C.J., recorded at Clerk's File No. 718529, in Volume 1169, Page 426, Deed Records of Nueces County, Texas. The foregoing motion was passed and approved with the following vote: Adler, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye"; Adame abstained; Strong was absent. 13. ORDINANCE NO. 028933 Ordinance authorizing the City Manager or his designee to execute a Use Privilege Agreement with Myrtleson, LTD., (Permittee) of 615 N. Upper Broadway, Corpus Christi, Nueces County, Texas, in order to construct, install, maintain, repair, remove, or replace, a business sign encroaching 4.4 feet into the Tancahua Street Right -of -Way, which sign will be supported from the existing building located at 1205 N. Tancahua Street, in consideration of $49, a one-time Use Privilege Fee. 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"; Strong was absent. Mayor Adame opened discussion on Item 2 regarding Storm Water right-of-way strip mowing. Council Member Scott expressed some concerns from residents in District 2 regarding the storm water mowing on Louisiana Parkway and the damage to backflow in that area. Director of Solid Waste and Streets Valerie Gray explained that Louisiana Parkway is mowed by the Park and Recreation Department and those services are now contracted through privatization efforts effective February 1st. In response to Council Member Scott, Assistant Director of Financial Services Mike Barrera reported that the City saved $40,000 to $50,000 from the previous contract. City Secretary Chapa polled the Council for their votes as follows: 2.a. MOTION NO. 2011-020 Motion approving a service agreement with Maldonado Nursery & Landscaping, Inc, of San Antonio, Texas, based on best value in accordance with Bid Invitation No. BI -0012-11 for an estimated annual expenditure of $33,510.54, of which $16,755.27 is required for FY 2010- 2011, for Groups 5A and 7, Storm Water Right -of -Way (ROW) strip mowing. The term of the contract will be for twelve months with the option to extend the contract for up to two additional twelve-month periods, subject to the approval of the City Manager or his designee. Minutes — Regular Council Meeting January 25, 2011 — Page 4 The foregoing motion was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye"; Strong was absent. 2.b. MOTION NO. 2011-021 Motion approving a service agreement with Aspen Lawn Care, LLC, of Corpus Christi, Texas, based on best value in accordance with Bid Invitation No. BI -0012-11 for an estimated annual expenditure of $85,200.94, of which $42,600.47 is required for FY 2010- 2011, for Groups 5B and 6, Storm Water Right -of -Way (ROW) strip mowing. The term of the contract will be for twelve months with the option to extend the contract for up to two additional twelve-month periods, subject to the approval of the City Manager or his designee, The foregoing motion was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye"; Strong was absent. 2.c. MOTION NO. 2011-022 Motion approving a service agreement with Dorame General Repair & Lawn, LLC, of Corpus Christi, Texas, based on best value in accordance with Bid Invitation No. BI -0012-11 for an estimated annual expenditure of $80,436.51, of which $40,218.26 is required for FY 2010- 2011, for Group 4, Storm Water Right -of -Way (ROW) strip mowing. The term of the contract will be for twelve months with the option to extend the contract for up to two additional twelve-month periods, subject to the approval of the City Manager or his designee. The foregoing motion was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye"; Strong was absent. 2.d. MOTION NO. 2011-023 Motion approving a service agreement with OJ Lawn Services, of Corpus Christi, Texas, based on best value in accordance with Bid Invitation No. BI -0012-11 for an estimated annual expenditure of $71,593.20, of which $35,796.60 is required for FY 2010-2011, for Groups 2 and 3, Storm Water Right -of -Way (ROW) strip mowing. The term of the contract will be for twelve months with the option to extend the contract for up to two additional twelve-month periods, subject to the approval of the City Manager or his designee. The foregoing motion was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye"; Strong was absent. 2.e. MOTION NO. 2011-024 Motion approving a service agreement with Dat A Boy Env Service, of San Antonio, Texas, based on best value in accordance with Bid Invitation No. BI -0012-11 for an estimated annual expenditure of $30,660, of which $15,330 is required for FY 2010-2011, for Group 1, Storm Water Right -of -Way (ROW) strip mowing. The term of the contract will be for twelve months with the option to extend the contract for up to two additional twelve-month periods, subject to the approval of the City Manager or his designee. The foregoing motion was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye"; Strong was absent. Minutes — Regular Council Meeting January 25, 2011 — Page 5 Mayor Adame opened discussion on Item 7 regarding the Municipal Court Case Manager Fund. Council Member Adler asked whether Municipal Court was hiring new case managers. Presiding Judge of Municipal Court Margie S. Flores explained that the three (3) case managers are current employees that were transferred from the Juvenile Assessment Center to Municipal Court and paid for from State funds that are collected out of Municipal Court costs. Judge Flores stated that this appropriation is to reimburse the City for those salaries. City Secretary Chapa polled the Council for their votes as follows: 7. ORDINANCE NO. 028931 Ordinance appropriating $144,503 from the Municipal Court Case Manager Fund for salaries, retirement and insurance for three (3) case managers hired to address all court ordered cases; changing the FY 2010-2011 Operating Budget adopted by Ordinance No. 028683 to increase appropriations by $144,503. 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"; Strong was absent. Mayor Adame opened discussion on Item 9 regarding an upgrade of the Corpus Christi International Airport Communications Center, Security Road and Standby Generator project. Council Member Adler asked questions regarding the use of an out of town firm to contract this work. Director of Engineering Services Pete Anaya explained that Pierce Goodwin Alexander and Linville (PGAL) was selected in 2004 for a multi-year contract for the Corpus Christi International Airport. Mr. Anaya added that the Federal Aviation Administration (FAA) requested that PGAL continue the work on this project based on the impact this project will have on other projects PGAL has designed. Mr. Anaya reported that the City is currently in the process of phasing -in other firms for the Airport. City Secretary Chapa polled the Council for their votes as follows: 9. MOTION NO. 2011-026 Motion authorizing the City Manager or his designee to execute a professional architectural/engineering services contract with Pierce, Goodwin, Alexander and Linville, Inc. (PGAL) of Dallas, Texas in an amount not to exceed $75,000, for upgrade of the Corpus Christi International Airport Communications Center, Security Road and Standby Generator - Project No. E10075. The foregoing motion was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Marez, and Martinez, voting "Aye"; Scott and Strong were absent. * * * * * * * * * * * * * Mayor Adame announced the executive session, which was listed on the agenda as follows: 14. Executive session pursuant to Section 551.074(a) of the Texas Government Code to deliberate the appointment of a City Manager. The Council went into executive session. The Council returned from executive session. Mayor Adame announced that no action would be taken in open session. ************ Minutes — Regular Council Meeting January 25, 2011 — Page 6 Mayor Adame referred to Item 26 regarding the Heritage Park Vision Plan from the Friends of Heritage Park. Director of Parks and Recreation Michael Morris introduced the presentation team including Mary Lou Berven, David Brown, and Art Zeitler with the Friends of Heritage Park. Ms. Berven provided a brief background on Heritage Park; the creation of the Friends of Heritage Park organization; and the development of the master plan. Mr. Brown referred to a powerpoint presentation on the details of the master plan including a site plan of the subject property; property ownership; photos of Heritage Park; the concept for the area including entry pylons, a dance hall, shotgun homes, tourist court school house, an outdoor venue, and four additional house sites; and a video animation. Mr. Zeitler stated that the role of the Friends of Heritage Park is to look for recognition and support for Heritage Park to be economically sustainable; work with the Park and Recreation Department to develop a detailed master plan; and obtain "HC" zoning for the southern portion of the land owned by the City on Mesquite Street. The following topics pertaining to this item were discussed: commercializing the project and the sustainability; the buildings that would have to be relocated; and rezoning of the City owned property, asking property owners to rezone their property or whether property would be acquired. Mayor Adame referred to Item 27 regarding the Chaparral Street Improvements. Director of Engineering Services Pete Anaya introduced the presentation team including Raymond Gignac, Alan Ward, and Jason Helldron. Mr. Gignac presented information on the concept for Phase 1; stakeholder meetings and feedback; potential enhancements; and the parking function conversion. Mr. Ward referred to a powerpoint presentation including the existing parking spaces on Chaparral and cross streets; parking preferred options; the proposed design concepts; proposed design, renderings, tree species, drainage, storm water flow, lighting, district markers, directional signage, and paving for zones 1; proposed design for zone 2 and zone 3; proposed design for the side streets; multi -modal accessibility; and connectivity. Mr. Helldron provided information on the implementation of the plan and schedule. The following topics pertaining to this item were discussed: a status on the ordinances addressing signage and seating for the downtown area; planting options; timeline and completion of the project; reviewing other restrictive ordinances; the street closure process; deliveries or RTA bus functions; parking; residential; and drainage in the downtown area. Council Member Scott requested an update on the status on the ordinances address signage and seating in the downtown area and free parking after 5:00 p.m. Mr. Scott asked staff to inform the Downtown Management District on the City not being able to delegate authority to close streets to a private entity. Mr. Scott also requested that Mr. Gignac provided this information to the Water Street group. ************* Mayor Adame called for petitions from the audience. Dan Vera provided a presentation on the Ocean Grip concept for Bob Hall pier. ************ Mayor Adame open discussion on Item 21 regarding the consideration of holding meetings on the first Tuesday of the month from February through July to discuss street maintenance, to receive budget briefing, and to discuss the Island Strategic Action Committee (ISAC) functions and duties. Minutes — Regular Council Meeting January 25, 2011 — Page 7 Gabriele Hilpold, Chair of the ISAC, thanked the Council for placing this item on the agenda and provided an update on the progress of the ISAC committee including the development of three subcommittees for marketing, finance and future projects, and maintenance; and working with the Padre Island Property Owners Association, the Padre Island Business Association, the Seashore Learning Center, Mustang Island, and the Island Moon newspaper. Ms. Hilpold stated that there is a rezoning item on the agenda that is being recommended for postponement until February 8th and ISAC will provide comments on the zoning change during that meeting. Ms. Hilpold requested that Council direct staff to present items to the committee on issues regarding the beach and tourism on the Island and allow the committee to provide input on those projects. Council Member Adler thanked City Secretary Chapa for preparing a packet on ISAC. Ms. Adler stated that the Mayor is proposing holding meetings to address several budgetary issues on the first Tuesday of the month and requested that ISAC have an opportunity to visit with the Council on the goals and focus of the committee including providing input on the spending of TIF funds and information on Packery Channel. Mayor Adame explained that he would like to hold workshop meetings on the first Tuesday of the month in February to start discussions on the budget process and then place the ISAC discussion as an item in March. Several council members expressed concern that ISAC has not been involved in the process for providing input prior to items being presented to Council. Ms. Adler made a motion directing staff to prepare workshop meetings from February through July on the first Tuesday of the month regarding budgeting briefings; street maintenance and the ISAC functions and duties. The motion was seconded by Mr. Scott. Mayor Adame opened discussion on the motion. In response to Council Member Leal, Mayor Adame said he would prefer to hold the meetings at 8:30 a.m. in the 6th floor Conference Room. Assistant City Manager Oscar Martinez provided the Council with a list of workshop topics and schedule. City Manager Escobar announced that the 6th Floor does not provide an opportunity for televising to the public and the Council concurred to hold the workshop meetings in the Council Chambers. Council Member Marez stated that he recognized the need and the importance of holding the workshop meetings; however, it would be difficult for him to attend extra meetings in the month. A brief discussion ensued regarding alternate times and days to hold the workshop meetings to allow for opportunities for the entire Council to participate in the workshops and accommodate staff. Mr. Scott made a motion to amend the motion to hold workshop meetings on the second Tuesday of the month at 8:30 a.m. from February through July to discuss street maintenance, to receive budget briefings, and to discuss the Island Strategic Action Committee functions and duties. The motion was seconded by Ms. Leal. The motion to amend was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Marez, Martinez, Scott, and Strong, voting "Aye". Mayor Adame called for comments from the audience. Abel Alonzo, 1701 Thames, thanked the Council for holding additional meetings to discuss the budget. City Secretary Chapa polled the Council for their votes as follows: 21. MOTION NO. 2011-030 Motion to hold workshop meetings on the second Tuesday of the month at 8:30 a.m. from February through July to discuss street maintenance, to receive budget briefings, and to discuss the Island Strategic Action Committee functions and duties. Minutes — Regular Council Meeting January 25, 2011 — Page 8 The foregoing motion 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 23 regarding the Kostoryz Road Phase 1 from Horne to Sunnybrook and Kostoryz Road Phase 2 from Sunnybrook to SPID Bluff Drive Outfall. Director of Engineering Services Pete Anaya referred to a powerpoint presentation including a background; project scope; four bid options and recommendation; schedule; and project costs. Don Peoples, Goldston Engineering, was available to respond to questions. The following topics pertaining to this item were discussed: the waiving of minor bid irregularities; the charge for consulting fees and basic services; the complications with hydraulics on this project; the selection of an out-of-town contractor; background checks performed on Texas Sterling Construction Co.; the ten (10) open liens on record against Texas Sterling; concern with the difference in bid pricing; and the use of concrete versus asphalt. Mayor Adame called for comments from the audience. Darryl Haas, Haas -Anderson, spoke regarding the common practice of waiving bid irregularities and stated that he did not support the use of rigid concrete pavement. Abel Alonzo, 1701 Thames, spoke in support of staff's recommendation. City Manager Escobar stated that the caption for Item 23.a. was incorrect by stating "Base Bid" and asked the Council to amend the motion to state that the contract is only for Additive Alternate 3. Ms. Martinez made a motion to remove the language "Base Bid". The motion was seconded by Mr. Marez. 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: 23.a. MOTION NO. 2011-031 Motion waiving a bid irregularity and authorizing the City Manager or his designee to execute a construction contract with Texas Sterling Construction Co., of Houston, Texas, in the amount of $10,244,299.50 for Additive Alternate 3 for Kostoryz Road Phase 1 from Horne to Sunnybrook and Kostoryz Road Phase 2 from Sunnybrook to SPID Bluff Drive Outfall. (BOND ISSUE 2008) The foregoing motion was passed and approved as amended with the following vote: Adame, Marez, Martinez, Scott, and Strong, voting "Aye"; Adler, Elizondo, Kieschnick, and Leal, voting "No". (Note: Mr. Elizondo originally voted "Aye" but requested that his vote be changed to "No".) 23.b. MOTION NO. 2011-032 Motion authorizing the City Manager or his designee to execute a professional engineering materials inspection and testing contract with Rock Engineering and Testing Laboratory, Inc. of Corpus Christi, Texas, in the amount of $149,379.00 for Kostoryz Road Phase 1 from Horne to Sunnybrook and Kostoryz Road Phase 2 from Sunnybrook to SPID Bluff Drive Outfall. (BOND ISSUE 2008) Minutes — Regular Council Meeting January 25, 2011 — Page 9 The foregoing motion was passed and approved with the following vote: Adame, Marez, Martinez, Scott, and Strong, voting "Aye"; Adler, Elizondo, Kieschnick, and Leal, voting "No". (Note: Mr. Elizondo originally voted "Aye" but requested that his vote be changed to "No".) Mayor Adame opened discussion on Item 24 regarding the Indefinite Delivery/Indefinite Quantity (IDIQ) Minor Street Pavement Improvements Citywide FY2010-2011. Director of Engineering Services Pete Anaya referred to a powerpoint presentation including a background, project scope, project limits; schedule and budget. Director of Streets and Solid Waste Valerie Gray and Assistant Director of Streets Andy Leal were available to respond to questions. The following topics pertaining to this item were discussed: the existing distressed pavement areas and the Council's priority to improve streets maintenance. Mayor Adame called for comments from the audience. Tamera Otis, 730 Ashdown, stated that it is great that the City is improving the roads and addressed problems on Staples Street. Ms. Otis also spoke regarding congestion of traffic on the south side and consideration of a continuous circle around the City for alternative routes. City Manager Escobar stated that the Metropolitan Planning Organization (MPO), the Texas Department of Transportation (TxDOT), Nueces County and the City of Corpus Christi are working together to fund a study for the South Loop. Mr. Escobar also reported that Staples Street reconstruction is part of the Bond 2008 package. City Secretary Chapa polled the Council for their votes as follows: 24. MOTION NO. 2011-033 Motion authorizing the City Manager or his designee to execute a construction contract with Grace Paving & Construction, Inc. of Corpus Christi, Texas in the amount of $1,840,000 for the Indefinite Delivery/Indefinite Quantity (IDIQ) Minor Street Pavement Improvements Citywide FY 2010 — 2011. The foregoing motion 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 25 regarding the Laguna Shores Road Rehabilitation from Graham Road to Hustlin' Hornet Drive. Director of Engineering Services Pete Anaya referred to a powerpoint presentation including a background; proposed agreement for performance and completion of contract; project schedule; and budget. Mayor Adame called for comments from the audience. Darryl Haas, Haas -Anderson Construction, stated that construction would begin within seven (7) to ten days and approximately 100 calendar days to complete the project. In response to Council Member Martinez, Mr. Haas stated that there are permanent concrete barriers on the road. City Secretary Chapa polled the Council for their votes as follows: 25.a. MOTION NO. 2011-034 Motion to authorize the City Manager or his designee to execute an agreement with Insurance Company of the West and Independence Casualty & Surety Co. (the "Surety") for the performance and completion of all obligations of the Laguna Shores Road Rehabilitation — Graham Road to Hustlin' Hornet Drive, Project No. 6278 construction contract in accordance with the proposal submitted by Haas- Anderson, Ltd. (the "Completing Contractor"). Minutes — Regular Council Meeting January 25, 2011 — Page 10 The foregoing motion was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Marez, Martinez, Scott, and Strong, voting "Aye". 25.b. ORDINANCE NO. 028938 Ordinance appropriating an amount of $325,394.83 received from the Insurance Company of the West and Independence Casualty and Surety Co. in the No. 3530 Street CIP Fund to be used for the completion of the Laguna Shores Road Rehabilitation — Graham Road to Hustlin' Hornet Drive, Project No. 6278; changing the FY2009-2010 Capital Budget adopted by Ordinance No. 028449 by increasing proposed expenditures and revenues by $325,394.83 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". ************ Mayor Adame referred to Item 15, and a motion was made, seconded and passed to open the public hearing on the following zoning case: Case No. 1210-04, Corpus Christi Community Improvement Corporation: The applicant is requesting a change of zoning from the "B-5" Primary Business District to the "R-1 B" One - family Dwelling District resulting in a change of future land use from a medium -density residential use to a low-density residential use. The property to be rezoned is described as Extension of South End Addition, Block 6, Lots 1, 2 & 3 and the east 6 feet of Lot 6, located at the northwest corner of Coleman Avenue and Fourteenth Street. No one appeared in opposition to the zoning change. Mr. Scott made a motion to close the public hearing, seconded by Ms. Martinez, and passed. Mr. Chapa polled the Council for their votes as follows: 15. ORDINANCE NO. 028934 Amending the Zoning Ordinance, upon application by Corpus Christi Community Improvement Corporation, by changing the Zoning Map in reference to extension of South End Addition, Block 6, Lots 1, 2 & 3, and the east 6 feet of Lot 6, located at the northwest corner of Coleman Avenue and Fourteenth Street, from the "B-5" Primary Business District to the "R-1 B" One -family Dwelling District resulting in a change of future land use from a medium -density residential use to a low-density residential use; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan; providing a repealer clause; providing a penalty; and providing for publication. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Adame, Elizondo, Kieschnick, Leal, Martinez, Scott, and Strong, voting "Aye"; Adler and Elizondo were absent. Mayor Adame referred to Item 16, and a motion was made, seconded and passed to open the public hearing on the following zoning case: Minutes — Regular Council Meeting January 25, 2011 — Page 11 Case No. 1210-05, Corpus Christi Community Improvement Corporation: The applicant is requesting a change of zoning from the "1-2" Light Industrial District to the "R-1 B" One -family Dwelling District resulting in a change of future land use from a medium -density residential use to a low-density residential use. The property to be rezoned is described as Chamberlin, Block 19, Lots 15 & 16, located at the southwest corner of Marguerite Street and Twelfth Street. No one appeared in opposition to the zoning change. Ms. Martinez made a motion to close the public hearing, seconded by Mr. Elizondo, and passed. Mr. Chapa polled the Council for their votes as follows: 16. ORDINANCE NO. 028935 Amending the Zoning Ordinance, upon application by Corpus Christi Community Improvement Corporation, by changing the Zoning Map in reference to Chamberlin, Block 19, Lots 15 & 16, located at the southwest corner of Marguerite Street and Twelfth Street, from the "1-2" Light Industrial District to the "R -IB" One -family Dwelling District resulting in a change of future land use from a medium -density residential use to a low-density residential use; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan; providing a repealer clause; providing a penalty; and providing for publication. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Adame, Elizondo, Kieschnick, Leal, Martinez, Scott, and Strong, voting "Aye"; Adler and Elizondo were absent. Mayor Adame referred to Item 17, and a motion was made, seconded and passed to open the public hearing on the following zoning case: Case No. 1210-06, City of Corpus Christi: The applicant is requesting a change of zoning from the "AT/IO" Apartment Tourist District with Island Overlay to the "B -2A110" Barrier Island Business District with Island Overlay resulting in a change of future land use from a public/semi-public use to a tourist use. The property to be rezoned is described as 163.24 acres out of the William Bryan Survey Abstract 45 & Balli Survey Abstract 1998, located between State Highway 361 and the Gulf of Mexico and along the south side of Zahn Road. No one appeared in opposition to the zoning change. City Secretary Chapa announced that staff is requesting that this item be postponed until February 8, 2011. Ms. Strong made a motion to table the public hearing until February 8, 2011. The motion was seconded by Mr. Kieschnick. The following motion was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Martinez, Scott, and Strong, voting "Aye"; Marez was absent. Mayor Adame referred to Item 18, and a motion was made, seconded and passed to open the public hearing on the following master plan amendment: 18. Public Hearing and an Ordinance amending the Comprehensive Plan of the City of Corpus Christi by amending the City of Corpus Christi Parks, Recreation and Open Space Master Plan by amending Section 2.4 Corpus Christi's Demographic Profile, Section 3.3 Corpus Christi's Park System — Existing Size, Section 4.3 Goals for the 2008 Parks, Recreation and Open Space Master Plan/Recovery Action Plan, Section 5 Public Input Regarding Minutes — Regular Council Meeting January 25, 2011 — Page 12 Community Meetings, Section 6.5 Comparison of Recommended Spatial Standards to Existing Conditions in Corpus Christi, Section 6.6 Park Facility Standards and Needs, and Section 9.3 Implementation Strategy; providing for repeal of conflicting ordinances; providing for severance. Assistant Director of Parks and Recreation Stacie Talbert explained that in March 2008, the City Council approved the new priority list for development of the Park and Recreation Master Plan. City Manager Escobar stated that this action is necessary to submit to Texas Parks and Wildlife for consideration to evaluate the City for future grants. No one appeared in opposition to the master plan amendment. Mr. Elizondo made a motion to close the public hearing, seconded by Mr. Kieschnick, and passed. Mr. Chapa polled the Council for their votes as follows: 18. ORDINANCE NO. 028936 Ordinance amending the Comprehensive Plan of the City of Corpus Christi by amending the City of Corpus Christi Parks, Recreation and Open Space Master Plan by amending Section 2.4 Corpus Christi's Demographic Profile, Section 3.3 Corpus Christi's Park System — Existing Size, Section 4.3 Goals for the 2008 Parks, Recreation and Open Space Master PIan/RecoveryAction Plan, Section 5 Public Input Regarding Community Meetings, Section 6.5 Comparison of Recommended Spatial Standards to Existing Conditions in Corpus Christi, Section 6.6 Park Facility Standards and Needs, and Section 9.3 Implementation Strategy; providing for repeal of conflicting ordinances; providing for severance. 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 19, and a motion was made, seconded and passed to open the public hearing on the continuation of the juvenile curfew ordinance: 19. Public Hearing to consider continuing the existing curfew ordinance for minors, the Code of Ordinances, City of Corpus Christi, Sections 33-40, 33-41, 33-42 and 33-43. No one appeared in opposition to the continuation of the juvenile curfew ordinance. Mr. Elizondo made a motion to close the public hearing, seconded by Ms. Leal, and passed. ************* Mayor Adame opened discussion on Item 20 regarding the continuation of the existing curfew ordinance for minors. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 20. ORDINANCE NO. 028937 Ordinance continuing the curfew ordinance for minors, the Code of Ordinances, City of Corpus Christi, Sections 33-40, 33-41, 33-42 and 33-43. 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". Minutes -- Regular Council Meeting January 25, 2011 — Page 13 Mayor Adame opened discussion on Item 22 regarding the consideration on the process for appointment of the City Auditor. Director of Human Resources Cynthia Garcia explained that this item is a request for direction on how to proceed with the Internal Auditor position. Ms. Garcia provided a brief overview of the informational packet including a survey tab; job description of other cities surveyed; the City's pay plan for executives; a draft of the proposed job description; and the City Charter amendment language. Council Member Kieschnick asked that the Council consider subcontracting the position as opposed to a staffing position. Council Member Elizondo stated that the Council needs to identify benchmarks for the auditor and have the auditor report directly to the City Council. Council Member Leal asked staff to provide her with the previous internal auditor job description and the number of staffing for that position. Council Member Marez also stated that he would like the auditor to report only to the City Council and would like to see the duties include that the auditor participate and review all contractual language and sign off on all major contracts. Mr. Marez added that he would like to see that the minimum qualifications include that a Certified Internal Auditor certification be a priority. Council Member Martinez stated that she would like to see that the position not be internal and an employee of the City. Ms. Martinez suggested that the details of the position be reviewed by the Administration Committee before coming back to the full Council for approval. Council Member Adler supported contracting the auditor position. Council Member Scott stated that the job descriptions from other cities do not mention the auditor approving major contracts. Council Member Marez responded that he was in agreement to have the Administration Committee review the duties of the position. In response to Mayor Adame, City Manager Escobar reported that the position currently is not budgeted and it is at the discretion of the Council to budget the position in the current budget or incorporate the position in the upcoming budget discussions. City Attorney Valdez stated that staff would prepare an ordinance with the Council's suggestions outlining the duties, responsibilities and staff. Ms. Martinez made a motion directing the Administration Committee to review and make recommendations to the full Council prior to the ordinance being prepared. The motion was seconded by Mr. Kieschnick. The foregoing motion 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 28 regarding a presentation on Privatization/Reorganization Initiatives and announced that the item was postponed. Council Member Scott asked that this presentation be presented prior to the agenda item on the privatization on fleet management. ************* Minutes — Regular Council Meeting January 25, 2011 — Page 14 There being no further business to come before the Council, Mayor Adame adjourned the Council meeting at 5:52 p.m. on January 25, 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 January 25, 2011 which were approved by the City Council on February 8, 2011. WITNESSETH MY HAND AND SEAL, on this the 8th day of February, 2011. Armando Chapa City Secretary SEAL