HomeMy WebLinkAboutMinutes City Council - 03/22/2011MINUTES
CITY OF CORPUS CHRISTI, TEXAS
Regular Council Meeting
March 22, 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
ABSENT
Linda Strong
City Staff:
Interim City Manager Margie Rose
City Attorney Carlos Valdez
City Secretary Armando Chapa
Mayor Adame called the meeting to order in the Council Chambers of City Hall.
The invocation was delivered by Reverend Henry Williams with Corpus Christi Christian
Fellowship Church and the Pledge of Allegiance to the United States flag was led by Council
Member Kieschnick.
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 and
workshop meeting of March 8, 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 - 11). There were'no
comments from the public. Council members requested that Item 4 be pulled for individual
consideration. City Secretary Chapa requested that Item 6 be pulled for an amendment. City
Secretary Chapa polled the Council for their votes as follows:
2. MOTION NO. 2011-065
Motion approving the purchase of traffic signals and equipment from the following
companies for the following amounts in accordance with Bid Invitation No. BI -0061-11 based
on only bid, low bid and most advantageous bid for a total amount of $287,085. Funds have
been budgeted by Traffic Engineering in FY 2010-2011.
Control Technologies, Inc. Consolidated Traffic Control, Inc.
Tomball, Texas Arlington, Texas
Item Nos. 9 and 10 Item Nos. 3, 4, 5, and 8
$58,000 $54,375
INDEXED
Minutes -- Regular Council Meeting
March 22, 2011 — Page 2
Paradigm Traffic Systems, Inc.
Arlington, Texas
Item Nos. 2, 6 and 11
$114,590
Siemens ITS
Austin, Texas
Item Nos. 1 and 7
$60,1 20
TOTAL AWARD: $287,085
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.
3. ORDINANCE NO. 028996
Ordinance appropriating $29,480.85 from the State of Texas in the No. 1061 Police Grants
Fund — Law Enforcement Officer Standards and Education for training of police personnel
and purchase of training equipment.
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. 028998
Ordinance appropriating $17,028 from anticipated additional revenue in the Hotel
Occupancy Tax Fund No. 1030 for marketing efforts for the South Texas Art Museum
($12,606), Botanical Gardens of South Texas ($4,036) and the Asian Cultures Museum
($386); changing the FY 2010-2011 Operating Budget adopted by Ordinance No. 028683 to
increase both revenues and expenditures by $17,028 each.
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.
7. MOTION NO. 2011-066
Motion authorizing the City Manager or designee to execute Amendment No. 28 to the
professional engineering contract with Pierce, Goodwin, Alexander & Linville (PGAL), Inc., of
Houston, Texas in an amount of $163,008 for the Corpus Christi International Airport
Consolidated Rent Car Quick Turn Around Facility for Project Management and Inspection
(Project # 10030).
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.
8. MOTION NO. 2011-067
Motion authorizing the City Manager or designee to execute a construction contract with
Safe Net Services, LLC, of Corpus Christi, Texas in an amount of $652,572.89 for the J. C.
Elliott Pavement Life Cycle Replacement Project No. 5232 for Base Bid A, and Additive
Alternate Nos. 1 — 4.
Minutes — Regular Council Meeting
March 22, 2011 — Page 3
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.
9.a. MOTION NO. 2011-068
Motion approving the Distribution Main Extension Construction and Reimbursement
Agreement submitted by Next Chapter Corpus Christi LLC, owner and developer of Joslin
Tracts, Block 2, Lot 8A, located east of Ennis Joslin Road (Spur 3) and north of South Padre
Island Drive (SH 358), including all related appurtenances.
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.
9.b. ORDINANCE NO. 029000
Ordinance appropriating $10,036.06 from the Distribution Mains Trust Fund No. 4030 to
reimburse Next Chapter Corpus Christi LLC for the installation of 525 linear feet of 8 -inch
water distribution main, including all related appurtenances for development of Joslin Tracts,
Block 2, Lot 8A, as specified in the Distribution Main Extension Construction and
Reimbursement Agreement.
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. ORDINANCE NO. 029001
Amending Section 53-255 of the Code of Ordinances to decrease the speed limit on
Whitecap Boulevard between Park Road 22 and Windward Drive, from 40 mph to 35 mph at
all times, providing for penalties; and providing for publication. (1st Reading -- 3/08/11)
The foregoing ordinance was passed and approved on its second reading with the following
vote: Adame, Adler, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye";
Strong was absent.
11.a. ORDINANCE NO. 029002
Amending Section 53-254 of the Code of Ordinances to adjust the boundary of the 35 mph
speed limit on North and South Shoreline Boulevard; to 35 MPH between Craig Street to
Power Street at all times, providing for penalties; and providing for publication. (First
Reading — 03/08/11)
The foregoing ordinance was passed and approved on its second reading with the following
vote: Adame, Adler, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye";
Strong was absent.
11.b. ORDINANCE NO. 029003
Amending Section 53-255 of the Code of Ordinances to decrease the speed limit on
Shoreline Boulevard from Power Street to the end of the roadwayfronting the Art Museum of
South Texas; from 35 MPH to 20 MPH at all times, providing for penalties; and providing for
publication. (First Reading — 03/08/11)
Minutes — Regular Council Meeting
March 22, 2011 — Page 4
The foregoing ordinance was passed and approved on its second reading with the following
vote: Adame, Adler, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye";
Strong was absent.
Mayor Adame opened discussion on Item 6 regarding the City Election. City Secretary
Chapa announced requested an amendment to replace Maria Gonzalez as Judge and Nicolasa
Clark as Alternate Judge for Precinct 17. Mr. Marez made a motion to amend the ordinance as
stated. The motion was seconded by Mr. Scott. The foregoing motion was passed and approved
with the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Marez, and Scott, voting "Aye";
Martinez and Strong were absent.
City Secretary Chapa polled the Council for their votes as follows:
6. ORDINANCE NO. 028999
Ordinance governing City elections in 2011, including appointment and compensation of
election officials, voting systems, and central counting station.
An emergency was declared, and the foregoing ordinance was passed and approved as
amended with the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Marez, and
Scott, voting "Aye"; Martinez and Strong were absent.
Mayor Adame opened discussion on Item 4 regarding a lease agreement with the Corpus
Christi Senior Softball Association. Council Member Marez asked questions regarding the timeline
for completion of the lighting at Kiwanis Park. Director of Parks and Recreation Michael Morris
reported that the sports lighting is scheduled to be installed between the spring and fall seasons. Mr.
Morris added that the contract for the lighting will be presented to Council in the upcoming weeks. In
response to Council Member Marez, Mr. Morris stated that staff has informed the Corpus Christi
Senior Softball Association on the progress at the field. Mayor Adame asked whether the joint use
clause allowed the City to schedule other events at the field. Mr. Morris explained that all of the
lease agreements permit the City to use the fields for other events. City Secretary Chapa polled the
Council for their votes as follows:
4. ORDINANCE NO. 028997
Ordinance authorizing the City Manager or designee to execute a five-year lease agreement
with the Corpus Christi Senior Softball Association for the use of Kiwanis Park located at
3933 Timon, for softball program.
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.
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Mayor Adame announced the executive sessions, which were listed on the agenda as
follows:
12. Executive session under Texas Government Code Section 551.071 regarding Cause No. C-
09-185, Andres Villasana et al vs. City of Corpus Christi et al, in the United States District
Court for the Southern District of Texas, with possible discussion and action in open
session.
Minutes — Regular Council Meeting
March 22, 2011 — Page 5
13. Executive session pursuant to Texas Government Code Section 551.074 (a) to deliberate
the appointment of a City Manager with possible discussion and action in open session.
The Council went into executive session. The Council returned from executive session.
Mayor Adame announced that no action would be taken on Item 12. Mayor Adame reported that the
Council has asked for clarification on Item 13 and will return to executive session later in the
meeting.
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Mayor Adame referred to Item 14 and a motion was made, seconded and passed to open
the public hearing on the following zoning case:
Case No. 0111-02, Commercial Metals Company: The applicant is requesting a change of
zoning from the "1-2" Light Industrial District to the "1-3" Heavy Industrial District resulting in a
change of future land use from a light industrial use to a heavy industrial use. The property
to be rezoned is 63.785 acres out of H.B. Sheppard Farm Lots, Lot 4 and a portion of Lot 9
and a portion of the G.C. & S.F. Railway Company Survey No. 315, located along the west
side of Bronco Road, approximately 245 feet north of Agnes Street.
Senior Planner Miguel Saldana referred to a powerpoint presentation including the site
location within the future land use map; area location map; the current site plan; the existing land
use map; the future land use map; "1-2" and "1-3" allowable uses; and views of the subject property.
Mr. Saldana stated that the Planning Commission and staff recommended denial of the "1-3" Heavy
Industrial District, and in lieu thereof, approval of a Special Permit, subject to a site plan and six (6)
conditions.
Council Member Adler asked why the Planning Commission did not approve the applicant's
request. Mr. Saldana stated that the "1-3" zoning allows for unlimited height and because the
property is in close proximity to the airport, the Planning Commission permitted a condition for height
limitations. Mr. Saldana also explained that a condition was included to drain the detention pond
within a proper period of time.
No one appeared in opposition to the zoning change. Mr. Kieschnick made a motion to close
the public hearing, seconded by Ms. Leal, and passed. Mr. Chapa polled the Council for their votes
as follows:
14. ORDINANCE NO. 029004
Amending the Zoning Ordinance upon application by Commercial Metals Company, by
changing the Zoning Map in reference to 63.785 acres out of H.B. Sheppard Farm Lots, Lot
4 and a portion of Lot 9 and a portion of the G.C. & S.F. Railway Company Survey No. 315,
located along the west side of Bronco Road, approximately 245 feet north of Agnes Street,
from "1-2" Light Industrial District to the "1-2/SP" Light Industrial District, with a Special Permit
for a scrap metal processing plant, subject to a Site Plan and six (6) conditions; amending
the Comprehensive Plan to account for any deviations from the existing Comprehensive
Plan; providing a repealer clause; providing a penalty; providing for publication.
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott,
voting "Aye"; Strong was absent.
Minutes — Regular Council Meeting
March 22, 2011 — Page 6
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. 0211-02, MBL Derby City Development, LLC: The applicant is requesting a
change of zoning from the "B-3" Business District to the "B-1" Neighborhood Business
District not resulting in a change of future land use. The property to be rezoned is 7.5 acres
out of Brighton Village Unit 2, Block 14, Lot 3, located along the north side of Downing
Street, approximately 400 feet west of Airline Road.
Senior Planner Miguel Saldana referred to a powerpoint presentation including an aerial
view; an existing land use map; future land use map; the ownership map; and views of the subject
property. Mr. Saldana stated that the Planning Commission and staff recommended approval of the
applicant's request for a change in zoning from the "B-3" Business District to the "B-1" Neighborhood
Business District.
Mayor Adame called for comments from the audience. Sue Williams, 3105 Royal Court,
spoke in support of the zoning change. 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:
15. ORDINANCE NO. 029005
Amending the Zoning Ordinance, upon application by MBL Derby City Development, LLC, by
changing the Zoning Map in reference to 7.5 acres out of Brighton Village Unit 2, Block 14,
Lot 3, located along the north side of Downing Street, approximately 400 feet west of Airline
Road, from the "B-3" Business District to the "B-1" Neighborhood Business District, not
resulting in a change of future land use; amending the Comprehensive Plan to account for
any deviations from the existing Comprehensive Plan; providing a repealer clause; providing
a penalty; providing for publication.
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Adler, Elizondo, Kieschnick, Leal, Martinez, and Martinez, voting "Aye";
Adame and Scott abstained; Strong was 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:
Case No. 0211-03, McTurbine, Inc.: The applicant is requesting a change of zoning from
the "1-2" Light Industrial District to the "1-3" Heavy Industrial District resulting in a change of
future land use from a light industrial use to a heavy industrial use. The property to be
rezoned is 0.005 acres out of Industrial Technology Park Unit 2, Block 5, Lot 1, located west
of Junior Beck Drive and south of Bear Lane.
Senior Planner Miguel Saldana referred to a powerpoint presentation including an aerial
view; existing land use map; the future land use map; the ownership map; a site plan; and views of
the subject property. Mr. Saldana stated that the Planning Commission and staff recommended
approval of the applicant's request for a change in zoning from the "1-2" Light Industrial District to the
"1-3" Heavy Industrial District.
No one appeared in opposition to the zoning change. Mr. Kieschnick made a motion to close
the public hearing, seconded by Ms. Leal, and passed. Mr. Chapa polled the Council for their votes
as follows:
Minutes — Regular Council Meeting
March 22, 2011 — Page 7
16. ORDINANCE NO. 029006
Amending the Zoning Ordinance, upon application by McTurbine, Inc., by changing the
Zoning Map in reference to 0.005 acres out of Industrial Technology Park Unit 2, Block 5,
Lot 1, located west of Junior Beck Drive and south of Bear Lane, from the "1-2" Light
Industrial District to the "1-3" Heavy Industrial District resulting in a change of future land use
from a Tight industrial land use to a heavy industrial use; amending the Comprehensive Plan
to account for any deviations from the existing Comprehensive Plan; providing a repealer
clause; providing a penalty; providing for publication.
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Marez, and Martinez, voting
"Aye"; Scott and Strong were absent.
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Mayor Adame recessed the Regular Council Meeting to hold meetings of the North Padre
Island Development Corporation and Reinvestment Zone Number Two Board.
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Mayor Adame returned to the Regular Council Meeting. Mayor Adame opened discussion on
Item 18 regarding the project and financing plans for the Reinvestment Zone Number Two. First
Assistant City Attorney Jay Reining stated that staff is requesting approval of the amended project
and financing plans for the Reinvestment Zone Number Two as adopted by the Reinvestment Zone
Number Two Board of Directors. There were no comments from the audience. City Secretary
Chapa polled the Council for their votes as follows:
18. ORDINANCE NO. 029007
Ordinance approving an amendment to the revised Project And Financing Plans for the
Reinvestment Zone Number Two, City of Corpus Christi, dated September 29, 2009, that
was adopted by the Board of Directors of Reinvestment Zone Number Two, City of Corpus
Christi, upon recommendation of the Board of Directors of the North Padre Island
Development Corporation; and providing for publication.
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott,
voting "Aye"; Strong was absent.
Mayor Adame opened discussion on Item 19 regarding Packery Channel Phase 2 Parking
and Overlooks Project. There were no comments from the audience. City Secretary Chapa polled
the Council for their votes as follows:
19.a. ORDINANCE NO. 029008
Ordinance amending Section 1 of Ordinance 028918, adopted on January 11, 2011, which
transferred and appropriated $500,000 of the Unappropriated Fund Balance in the No. 1111
Reinvestment Zone No. 2 Fund into the No. 3278 Packery Channel Projects TIF #2 Fund for
the Packery Channel Maintenance Dredging and Beach Nourishment Project and the
Packery Channel Phase 2 Parking and Overlooks Project, by adding the Seawall Sand
Movement and Relocation Project to the projects being funded.
Minutes — Regular Council Meeting
March 22, 2011 — Page 8
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.
19.b. MOTION NO. 2011-070
Motion authorizing the City Manager or designee to execute a Change Order No. 1 to the
construction contract with SafeNet Services, LLC of Corpus Christi, Texas in the amount of
$240,233.20 for additional shoreline protection repairs for the Packery Channel, Phase 2 —
Parking and Overlooks 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.
*************
Mayor Adame announced that the Council would return to executive session on Item 13
which was listed on the agenda as follows:
13. Executive session pursuant to Texas Government Code Section 551.074 (a) to deliberate
the appointment of a City Manager with possible discussion and action in open session.
The Council went into executive session. The Council returned from executive session.
Mayor Adame announced that no action would be taken and that Council would return to executive
session later in the meeting for further discussion.
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Mayor Pro Tem Martinez called for petitions from the audience. John Gonsalves, 1514 Oak
Harbor, spoke regarding the error in failing to collect $1.7 million in wastewater charges and the
accountability of former City Manager Escobar and city staff. Mr. Gonsalves provided suggestions to
correct the funding shortfall. Dickie Hoskins, 4614 Nicholson, spoke regarding Targe commercial
trucks that are delivering to Sunnybrook Health Care Center and causing excessive noise and bad
street conditions. Foster Edwards, CEO of the Corpus Christi Chamber of Commerce, reported on a
joint meeting between the Chamber of Commerce, Hispanic Chamber of Commerce, and Black
Chamber of Commerce regarding the layout plans and accomplishments of the Development
Services Department. Mr. Edwards informed the Council that the Small Business Council will meet
on March 30th at the Business Innovation Center to discuss the Development Services New
Configuration Plan.
Bryan Menard, 3213 Cedar Hollow Court, spoke regarding recycling collection; sanitary
concerns with once a week garbage collection; and violations and selective enforcement of the
illegal smoking and paraphernalia ordinance. Don Winkley, 3617 Boca Raton, requested that an
item be placed on the agenda to allow his property on Laguna Shores to grow native vegetation.
Abel Alonzo, 1701 Thames, requested that the Council repeal the Council Policy prohibiting political
advertisement during Council meetings. Cindi Mutchler, 2434Widgeon, stated that former City
Manager Escobar saved the City money during his employment as City Manager and also thanked
the City Council for their work. Sue Williams, 3105 Royal Court, thanked the Council for the new
recycle program and expressed concerns regarding once a week garbage collection.
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Minutes — Regular Council Meeting
March 22, 2011 — Page 9
Mayor Pro Tem Martinez announced that the Council would return to executive session on
Item 13 which was listed on the agenda as follows:
13. Executive session pursuant to Texas Government Code Section 551.074 (a) to deliberate
the appointment of a City Manager with possible discussion and action in open session.
The Council went into executive session. The Council returned from executive session and
the following motion was passed and approved with the following vote:
13. MOTION NO. 2011-069
Motion appointing Ronald L. Olson as City Manager of Corpus Christi effective May 2, 2011
and authorizing an employment contract as negotiated and agreed to by the City Council
and Mr. Olson.
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.
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There being no further business to come before the Council, Mayor Adame adjourned the
Council meeting at 5:03 p.m. on March 22, 2011.
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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 March 22, 2011 which were approved by the City
Council on March 29, 2011.
WITNESSETH MY HAND AND SEAL, on this the 29th day of March, 2011.
Armando Chapa
City Secretary
SEAL