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.
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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.
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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.
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Mayor Adame called for petitions from the audience. Dan Vera provided a presentation on
the Ocean Grip concept for Bob Hall pier.
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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".
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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