HomeMy WebLinkAboutMinutes City Council - 05/10/2011MINUTES
CITY OF CORPUS CHRISTI, TEXAS
Regular Council Meeting
May 10, 2011 - 12:00 p.m.
PRESENT
Mayor Joe Adame
Mayor Pro Tem Nelda Martinez
Council Members:
Chris Adler
Larry Elizondo, Sr.
Kevin Kieschnick
John Marez
Mark Scott
Linda Strong
ABSENT
Priscilla Leal
City Staff:
City Manager Ronald L. Olson
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 Chaplain Lynne Blackler with Christus Spohn Health
System and the Pledge of Allegiance to the United States flag was led by Council Member Strong.
City Secretary Chapa called the roll and verified that the necessary quorum of the Council
and the required charter officers were present to conduct the meeting.
Mayor Adame called for approval of the minutes of the regular Council meeting of April 26,
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). Mr. Michael
Gunning requested that Item 11 be pulled for individual consideration. Mayor Adame announced
that he would abstain from the discussion and vote on Item 10. City Secretary Chapa polled the
Council for their votes as follows:
2.a. RESOLUTION NO. 029050
Resolution authorizing the City Manager or designee to accept a grant from the Coastal
Bend Regional Advisory Council in the amount of $2,978.42 to be used for the purchase of
equipment, supplies, and services to support the delivery of emergency medical services for
the Corpus Christi Fire Department.
The foregoing resolution was passed and approved with the following vote: Adame, Adler,
Elizondo, Kieschnick, Marez, Martinez, Scott, and Strong, voting "Aye"; Leal was absent.
2.b. ORDINANCE NO. 029051
Ordinance appropriating $2,978.42 from the Coastal Bend Regional Advisory Council into
the No. 1056 Ambulance Grant Fund to purchase equipment, supplies, and services to
support the delivery of emergency medical services for the Corpus Christi Fire Department.
INDEXED
Minutes — Regular Council Meeting
May 10, 2011 — Page 2
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Adame, Adler, Elizondo, Kieschnick, Marez, Martinez, Scott, and Strong,
voting "Aye"; Leal was absent.
3. ORDINANCE NO. 029052
Ordinance appropriating a grant from the March of Dimes in the amount of $2,000 in the No.
1066 Health Grants Fund, as the fiduciary agent on behalf of the Regional Health
Awareness Board, for community awareness publications to be provided by the board.
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Adame, Adler, Elizondo, Kieschnick, Marez, Martinez, Scott, and Strong,
voting "Aye"; Leal was absent.
4. RESOLUTION NO. 029053
Resolution authorizing the City Manager or designee to execute an Interlocal Cooperation
Agreement with the Corpus Christi Regional Transportation Authority for Information
Technology System management assistance with term from December 13, 2010 to July 31,
2011 with reimbursement of City's costs, and ratifying effective date of December 13, 2010.
The foregoing resolution was passed and approved with the following vote: Adame, Adler,
Elizondo, Kieschnick, Marez, Martinez, Scott, and Strong, voting "Aye"; Leal was absent.
5. MOTION NO. 2011-105
Motion authorizing the City Manager or designee to execute a Change Order No. 2 to the
construction contract with Bay, Ltd of Corpus Christi, Texas in the amount of $219,219.68 for
a total restated fee of $2,351,818.45 for the Police Vehicle Impound Facility, Phase 1 Project
to add a storm water maintenance ramp and other improvements. (BOND ISSUE 2008)
The foregoing motion was passed and approved with the following vote: Adame, Adler,
Elizondo, Kieschnick, Marez, Martinez, Scott, and Strong, voting "Aye'; Leal was absent.
6. MOTION NO. 2011-106
Motion authorizing the City Manager or designee to execute a Change Order No. 1 to the
construction contract with J. S. Haren Company of Athens, Tennessee, in the amount of
$119,942.26 for a restated not to exceed amount of $1,100,942.26 for pipe supports, valves,
plug valves, piping, bypass pumping, electrical modifications, additional liner installations,
flow controls and other modifications for the Lift Station Rehabilitation 2009 -- Peary Place
Lift Station, Clarkwood South Lift Station, Williams Lift Station, Wooldridge Lift Station,
Coquina Bay Lift station, and Laguna Shores Lift Station for the Total Base Bid Parts A, B,
C, D, E, F and G. (Wastewater CIP 2010)
The foregoing motion was passed and approved with the following vote: Adame, Adler,
Elizondo, Kieschnick, Marez, Martinez, Scott, and Strong, voting "Aye"; Leal was absent.
7. MOTION NO. 2011-107
Motion authorizing the City Manager or designee to execute Change Order No. 1 to the
construction contract with Barcom Commercial, Inc., of Corpus Christi, Texas in an amount
of $48,021.70 for a restated not to exceed total amount of $3,279,021.70 for the Corpus
Minutes -- Regular Council Meeting
May 10, 2011 — Page 3
Christi International Airport Terminal Building Rehabilitation project for Base Bid onlyfor the
expansion of the Federal Inspection Services (FIS) area for new emergency egress stairwell,
additional dewatering, modifications of duct work and ceiling grid furr-down.
The foregoing motion was passed and approved with the following vote: Adame, Adler,
Elizondo, Kieschnick, Marez, Martinez, Scott, and Strong, voting "Aye"; Leal was absent.
8. MOTION NO. 2011-108
Motion approving the application for street closure from Corpus Christi Road Runners to
temporarily close the following street sections for the 36th Annual Beach to Bay Relay, to
take place, Saturday, May 21, 2011.
a. The temporary street closure of the north bound lanes of Shoreline Boulevard between
Furman Street and Coopers Alley, beginning at 5:00 p.m. Friday, May 20, 2011 and
ending at 5:00 p.m. Saturday, May 21, 2011.
b. The temporary street closure of Park Avenue between south bound Shoreline Boulevard
and north bound Shoreline Boulevard, beginning at 5:00 p.m. Friday, May 20, 2011 and
ending at 5:00 p.m. Saturday, May 21, 2011.
c. The temporary street closure of Kinney Street between southbound Shoreline Boulevard
and north bound Shoreline Boulevard, beginning at 5:00 p.m. Friday, May 20, 2011 and
ending at 5:00 p.m. Saturday, May 21, 2011.
The foregoing motion was passed and approved with the following vote: Adame, Adler,
Elizondo, Kieschnick, Marez, Martinez, Scott, and Strong, voting "Aye"; Leal was absent.
9. ORDINANCE NO. 029054
Ordinance abandoning and vacating a 250 -square foot portion of an existing utility easement
out of the Amending Plat for Summer Wind Village Phase 1, Block 7, Lot 46R, located west
of and adjacent to the Aaron Drive public street right-of-way; requiring the owner, Extreme
Homes of Texas, L.L.C., to comply with the specified conditions.
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Adame, Adler, Elizondo, Kieschnick, Marez, Martinez, Scott, and Strong,
voting "Aye"; Leal was absent.
10. ORDINANCE NO. 029055
Ordinance abandoning and vacating a 41,173 -square foot portion (0.9452 acre) of an
existing 60 -foot wide access and utility easement out of Port Addition, Block 1, Lot 3, located
north of the North Port Avenue public street right-of-way; requiring the owner, Port of Corpus
Christi Authority, to comply with the specified conditions.
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Adler, Elizondo, Kieschnick, Marez, Martinez, Scott, and Strong, voting
"Aye"; Adame abstained; Leal was absent.
Minutes — Regular Council Meeting
May 10, 2011 — Page 4
Mayor Adame opened discussion on Item 11 regarding the adoption of the Unified
Development Code. Michael Gunning, 738 Crestview, commended the exemplary efforts of staff and
John Bell for the completion of the UDC. Mr. Gunning added thatthe UDC accomplishes its purpose
for developers and citizens to reference and receive detailed information on requirements for
development in the City. Mr. Gunning spoke regarding the inclusion of street design for residential
and collector streets; future consideration of reducing the front yard setback in residential; the
concern with the appeal process for permits to the Planning Commission and not the Zoning Board
of Adjustment; authorizing the Assistant City Manager administrative approval to grant minor
deficiencies with respect to compliance with rules and regulations; and reviewing the sign provisions
to accommodate churches and multifamily complexes. John Bell, Wood, Boykin and Wolter,
explained that Section 3.24 authorizes the Assistant City Manager to approve variances up to 10%
of any set back or other adjustments. Abel Alonzo, 1701 Thames, thanked Mr. Gunning for his
comments and the Mayor and City Council for giving staff direction to complete the process.
City Secretary Chapa polled the Council for their votes as follows:
11. ORDINANCE NO. 029048
Adopting a Unified Development Code (UDC) by merging and modifying the existing Corpus
Christi Zoning Ordinance, Platting Ordinance, Manual of Driveway Design and Construction
Standards and Highway Beautification Ordinance into one code; repealing the existing
Corpus Christi Zoning Ordinance, Platting Ordinance, Manual of Driveway Design and
Construction Standards and Highway Beautification Ordinance; providing for the
preservation of former Developmental Regulations Violations; repealing conflicting
ordinances; amending conflicting provisions of the City's Comprehensive Plan; providing
notice procedures for a City-wide Zoning Map Amendment after a joint hearing of the
Planning Commission and the City Council; and providing for publication and an effective
date. (First Reading 04/26/11)
The foregoing ordinance was passed and approved on its second reading with the following
vote: Adame, Adler, Elizondo, Kieschnick, Marez, Martinez, Scott, and Strong, voting "Aye";
Leal was absent.
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Mayor Adame announced the executive session, which was listed on the agenda as follows:
12. Executive session under Texas Government Code Section 551.071 (2) Consultation with
Attorney regarding a matter in which the duty of the City Attorney under the Texas
Disciplinary Rules of Professional Conduct and under Volume 31 U.S.C. clearly conflicts with
the requirements of Chapter 551 of the Texas Government Code.
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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Mayor Adame referred to Item 13, and a motion was made, seconded and passed to open
the public hearing on the following zoning case:
Case No. 0111-01, Staples Development, LLC: A change of zoning from the "R -1B" One -
family Dwelling District to the "A-1" Apartment House District resulting in a change of future
land use form a low-density residential use to a medium -density residential use. The
Minutes — Regular Council Meeting
May 10, 2011 — Page 5
property to be rezoned is 15.125 acres out of Flour Bluff and Encinal Farm and Garden
Tracts, Section 11, portions of Lots 13 and 14, located along the north side of Timbergate
Drive, approximately 1,400 feet east of South Staples Street.
Senior Planner Miguel Saldana announced that the representative for the applicant, Wayne
Lundquist, requested that this item be tabled for an additional week.
Mayor Adame called for comments from the audience. Jim Fritts, 6001 Baltic Court, spoke in
opposition to the zoning change. Lawrence Balderas, 5809 Commonwealth, asked the Council to
vote to leave the property zoned as single family. Ray Wilson, 5813 Commonwealth, also requested
that the property remain zoned single family as designated under the Master Plan.
Mayor Adame made a motion to continue the public hearing for this zoning case on May 17,
2011. The motion was seconded by Ms. Strong. City Secretary Chapa polled the Council for their
votes as follows:
The foregoing motion was passed and approved with the following vote: Adame, Adler,
Elizondo, Kieschnick, Marez, Martinez, Scott, and Strong, voting "Aye"; Leal was absent.
13. POSTPONED UNTIL MAY 17, 2011
changing the Zoning Map in reference to 1-5.12.5 acres eut of Hour Bluff and Encinal Farm
Timbergate Drive, approximately 1,1100 feet east of Sem Staples Sheet, from thc "R 1 B"
residential use to a high density residential use for Tract A and a medium density
from thc existing Comprehensive -Ilan; providing a repealer clause; providing a penalty; and
providing for publication.
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. 0411-01: KIII Operating Company, LLC.: A change of zoning from the "B-4"
General Business District to the "B-5" Business District not resulting in a change of future
land use. The property to be rezoned is Mt. Vernon Subdivision, Unit 1, Lot D, located
between South Padre Island Drive (State Highway 358) and Mount Vernon Drive, east of
Prinston Drive.
No one appeared in opposition to the zoning change. Mr. Kieschnick made a motion to close
the public hearing,seconded by Mr. Scott, and passed. Mr. Chapa polled the Council for their votes
as follows:
14. ORDINANCE NO. 029049
Amending the Zoning Ordinance, upon application by Kill Operating Company, LLC, by
changing the Zoning map in reference to Mt. Vernon Subdivision, Unit 1, Lot D, located
between South Padre Island Drive (State Highway 358) and Mount Vernon Drive, east of
Prinston Drive, from the "B-4" General Business District to the "B-5" Business District, not
resulting in a change of future land use; amending the Comprehensive Plan to account for
Minutes — Regular Council Meeting
May 10, 2011 — Page 6
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, Adler, Elizondo, Kieschnick, Marez, Martinez, Scott, and Strong,
voting "Aye"; Leal was absent.
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Mayor Adame opened discussion on Item 15 regarding the Cole Park Renovations and
Improvements Re -Bid. Director of Engineering Services Pete Anaya referred to a powerpoint
presentation including a location map of the project scope; project construction information; and
budget.
The following topics pertaining to this item were discussed: lighting on the pier; security
cameras; the security of the bonding; other projects awarded to Safenet; coordination with Junior
League and the construction of Kids Place; landscaping; partial closure of the park; schedule
completion; irrigation; and saving features from old Kids Place to move to other locations.
Mayor Adame called for comment from the audience. Abel Alonzo, 1701 Thames, asked
questions regarding the surplus of funds and eliminating the rat problems. Mr. Anaya stated that the
surplus of $300,000 would be used to fund improvements for the pier and the rat problem should be
eliminated with the use of rubber in the play area. Mr. Alonzo said the community should be
informed that staff is working to complete projects in a timely manner.
City Secretary Chapa polled the Council for their votes as follows:
15. MOTION NO. 2011-109
Motion authorizing the City Manager or designee to execute a construction contract with
Safenet Services, LLC of Corpus Christi, Texas in the amount of $1,066,500 for the Cole
Park Renovations and Improvements RE -BID for the Base Bid only. (BOND ISSUE 2008)
The foregoing motion was passed and approved with the following vote: Adame, Adler,
Elizondo, Kieschnick, Marez, Martinez, Scott, and Strong, voting "Aye"; Leal was absent.
Mayor Adame opened discussion on Item 16 regarding the e -mailing system for the City.
Director of Municipal Information Systems Michael Armstrong explained that the email component
used by the City is a busy system and very critical, Mr. Armstrong provided a background of the
current GroupWise system; the concern of the viability of the system; and the recommendation to
change the system to Microsoft Outlook. Mr. Armstrong reported that the two part conversion
process would include the mitigation costs funded in the current fiscal year and the subscription and
licensing costs funded in FY201 1 -2012.
There were no comments from the audience. City Secretary Chapa polled the Council for
their votes as follows:
16.a. MOTION NO. 2011-110
Motion authorizing the City Manager or designee to purchase Microsoft Windows Server
Client Access licenses for 2,800 users from Dell Corporation, of Austin, Texas, in the
amount of $24,556 per year for three years for a total cost not to exceed $73,668. Dell
Incorporated is a State of Texas DIR recognized vendor, #DIR-SDD-1014.
Minutes — Regular Council Meeting
May 10,2011—Page l
The foregoing motion was passed and approved with the following vote: Adame, Adler,
Elizondo, Kieschnick, Marez, Martinez, Scott, and Strong, voting "Aye"; Leal was absent.
16.b. MOTION NO. 2011-111
Motion authorizing the City Manager or designee to purchase subscriptions for Microsoft
hosted Exchange e-mail licenses and hosted e-mail archival licenses for 2,800 users from
Dell Corporation, of Austin, Texas, in the amount of $218,213 per year for three years for a
total cost not to exceed $654,639. Dell Incorporated is a State of Texas DIR recognized
vendor, #DIR-SDD-1014.
The foregoing motion was passed and approved with the following vote: Adame, Adler,
Elizondo, Kieschnick, Marez, Martinez, Scott, and Strong, voting "Aye"; Leal was absent.
16.c. MOTION NO. 2011-112
Motion authorizing the City Manager or designee to purchase services from Dell
Incorporated, of Austin, Texas in the amount of $88,190 for the migration of systems from
Netware/Novell to Microsoft Active Directory/Exchange. Dell Incorporated is a State of
Texas DIR recognized vendor, #DIR-SDD-890.
The foregoing motion was passed and approved with the following vote: Adame, Adler,
Elizondo, Kieschnick, Marez, Martinez, Scott, and Strong, voting "Aye"; Leal was absent.
16.d. MOTION NO. 2011-113
Motion authorizing the City Manager or designee to purchase 2,800 Quest software licenses
from Dell Incorporated, of Austin, Texas for use in the migration process of Item C in the
amount of $55,580. Dell Incorporated is a State of Texas DIR recognized vendor, #D!R-
S D D-890.
The foregoing motion was passed and approved with the following vote: Adame, Adler,
Elizondo, Kieschnick, Marez, Martinez, Scott, and Strong, voting "Aye"; Leal was absent.
Mayor Adame opened discussion on Item 17 regarding the 2010 HOME program. Director of
Neighborhood Services Eddie Ortega explained that this item is accepting a grant from the U.S.
Department of Housing and Urban Development for the 2010 HOME program for the Costa
Tarragona 11 Project and appropriation of the grant.
There were no comments from the audience. City Secretary Chapa polled the Council for
their votes as follows:
17.a. RESOLUTION NO. 029056
Resolution authorizing the City Manager or designee to accept a grant of $777,964 from the
U. S. Department of Housing and Urban Development (HUD) for the 2010 HOME Program
and to execute all related and necessary documents for the Costa Tarragona II Project.
The foregoing resolution was passed and approved with the following vote: Adame, Adler,
Elizondo, Kieschnick, Marez, Martinez, Scott, and Strong, voting "Aye"; Leal was absent.
Minutes — Regular Council Meeting
May 10, 2011 — Page 8
17.b. ORDINANCE NO. 029057
Ordinance appropriating a grant of $777,964 from the U. S. Department of Housing and
Urban Development in the No. 9045 Grant Fund for the 2010 HOME Program for the Costa
Tarragona II Project.
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Adame, Adler, Elizondo, Kieschnick, Marez, Martinez, Scott, and Strong,
voting "Aye"; Leal was absent.
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Mayor Adame recessed the Regular Council meeting to hold the corporation meetings of the
Corpus Christi Community Improvement Corporation (CCCIC) and the Corpus Christi Housing
Finance Corporation (CCHFC).
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Mayor Adame reconvened the Regular Council meeting and called for petitions from the
audience. There were no comments from the audience.
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Mayor Adame called for a moment of silence to remember Council Member Leal's mother,
Refugia Gonzalez.
There being no further business to come before the Council, Mayor Adame adjourned the
Council meeting at 1:45 p.m. on May 10, 2011.
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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 May 10, 2011 which were approved by the City Council
on May 17, 2011.
WITNESSETH MY HAND AND SEAL, on this the 17th day of May, 2011.
Armando Chapa
City Secretary
SEAL