HomeMy WebLinkAboutMinutes City Council - 07/19/2011Present:
Mayor Joe Adame
Mayor Pro Tem Larry Elizondo, Sr.
Council Members:
Chris Adler
Kevin Kieschnick
Priscilla Leal
David Loeb
John Marez
Nelda Martinez
Mark Scott
MINUTES
City of Corpus Christi, Texas
Regular Council Meeting
July 19, 2011 - 12:00 p.m.
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 Pastor Mark Montgomery with Southside Community Church
and the Pledge of Allegiance to the United States Flag was led by Council Member John
Marez.
City Secretary Chapa called the roll and verified that the necessary quorum of the
Council and the required Charter officers were present to conduct the meeting.
Mayor Adame called for approval of the minutes of the Regular Council meeting of
July 12, 2011. Council Member Leal made a motion to amend the minutes to include
comments she made to Item No. 19, regarding the completion of curbs and gutters in the
Manshiem Sunnybrook Area, seconded and passed to approve the minutes as amended.
Mayor Adame referred to Item No. 2 and the following board appointments were
made:
Animal Control Advisory Committee
Barbara E. Beynon (Animal Welfare), Reappointed
Samantha Person (Animal Welfare/Shelter), Reappointed
Dr. Nina Sisley (Community at Large), New Appointment
Corpus Christi Convention & Visitors Bureau
Daniel Dain (Restaurant Industry), Reappointed
Michael Womack (Attraction Industry), Reappointed
Angie Flores (At Large), New Appointment
Rakesh (Rick) Patel (At Large), New Appointment
Kaushik "Sheik" Bhakta (Hotel Industry), New Appointment
INDEXED
City Council Minutes
July 19, 2011
Page 2
Downtown Management District
Tracy (Tray) Bates (Agent, Employee or Tenant), New Appointment
Cass Austin Gabriel (Resident of District), New Appointment
Watershore and Beach Advisory Committee
Jennifer Pollack (Scientist), New Appointment
CONSENT AGENDA:
Mayor Adame called for consideration of the Consent Agenda (Items 3 -15). There
were no comments from the audience. City Secretary Chapa polled the Council for their
votes as follows:
3. MOTION NO. 2011-146
Motion approving the purchase, configuration and installation of a laboratory
information management system (LIMs) with Perkin Elmer Health Sciences, Inc.,
of Shelton, CT for the Water Department Laboratory, in accordance with Request
for Proposal BI -0050-11, based on best value, for a total amount of $109,256.
Funds have been budgeted by the Water Department in FY 2010-2011.
The foregoing motion was passed and approved with the following vote: Adame,
Adler, Elizondo, Kieschnick, Leal, Loeb, Marez, Martinez, and Scott voting "Aye".
4. MOTION NO. 2011-147
Motion approving the lease purchase of eight (8) pickup trucks and the purchase of
ten (10) pickup trucks, four (4) cargo vans, one (1) sport utility vehicle, and two (2)
heavy duty trucks in the amount of $539,195. The vehicles are awarded to the
following companies forthe following amounts in accordance with Bid Invitation No.
BI -0151-11, based on low bid and low bid meeting specifications. A1125 vehicles are
replacement units to the fleet. These vehicles will be used by Solid Waste, Streets,
Gas, Water, Storni Water and Wastewater Departments. Funding forthe purchase
of the vehicles is available in the Capital Outlay Budget of the Fleet Maintenance
Services Fund. Financing for the lease purchase of the pickup trucks will be
provided through the City's lease/purchase financing contractor.
Champion Ford Access Ford
Corpus Christi, TX Corpus Christi, TX
Items: 1-10 Item: 11
$497,924 $41,271
Grand Total: $539,195
The foregoing motion was passed and approved with the following vote: Adame,
Adler, Elizondo, Kieschnick, Leal, Loeb, Marez, Martinez, and Scott voting "Aye".
City Council Minutes
July 19, 2011
Page 3
5. MOTION NO. 2011-148
Motion approving the lease purchase of five (5) heavy trucks and the purchase of
eight (8) heavy trucks in the amount of $1,528,225. The heavy trucks are awarded
to the following companies for the following amounts in accordance with Bid
Invitation No. BI -0166-11, based on low bid. All 13 heavy trucks are replacement
units to the fleet. These heavy trucks will be used by Gas, Solid Waste, Storm
Water, Street and Wastewater Departments. Funding for the purchase of the heavy
trucks is available in the Capital Outlay Budget of the Fleet Maintenance Services
Fund. Financing for the lease purchase of the vehicles will be provided through the
City's lease/purchase financing contractor.
Corpus Christi Freightliner
Corpus Christi, TX
Items: 1-5
$598,450
Santex Truck Center LTD
San Antonio, TX
Items: 6-8
$415,227
Grand Total: $1,528,225
Rush Truck Center
San Antonio, TX
Items: 9-10
$514,548
The foregoing motion was passed and approved with the following vote: Adame,
Adler, Elizondo, Kieschnick, Leal, Loeb, Marez, Martinez, and Scott voting "Aye".
6. MOTION NO. 2011-149
Motion approving the purchase and installation of a 385 horsepower Diesel
Industrial Engine from Holt Texas, LTD, of San Antonio, Texas, based on only bid,
in accordance with Bid Invitation No. BI -0160-11 for a total amount of $201,300.
This engine will replace an existing engine that has reached its service life. Funds
are available in the FY 2010/2011 operations budget of the Storm Water
Department.
The foregoing motion was passed and approved with the following vote: Adame,
Adler, Elizondo, Kieschnick, Leal, Loeb, Marez, Martinez, and Scott voting "Aye".
7.a. MOTION NO. 2011-150
Motion approving the purchase of playground equipment from T.F. Harper &
Associates LP, of Austin, Texas based on the Cooperative Purchasing Agreement
with the Texas Local Government Cooperative, in the amount of $63,130.68. The
purchase is for new and replacement park equipment for Solar Estates, Woodlawn,
John Jones, Claremont, Lincoln, and Sands parks. Funding is budgeted and
available in the Parks & Recreation 2010 General Obligation (Bond 08) CIP Fund.
The foregoing motion was passed and approved with the following vote: Adame,
Adler, Elizondo, Kieschnick, Leal, Loeb, Marez, Martinez, and Scott voting "Aye".
City Council Minutes
July 19, 2011
Page 4
7.b. MOTION NO. 2011-151
Motion approving the purchase and installation of three PlayWorld Challenger play
structures and ground coverings from The Playwell Group, Inc., of Dallas, Texas
based on the Cooperative Purchasing Agreement with the Texas Local Government
Cooperative, in the amount of $109,000.95. The play structures and ground
coverings are for Lincoln, Solar Estates, and Hans and Pat Suter Wildlife parks.
Funding is budgeted and available in the Parks and Recreation 2008 Tax Note CIP
and 2010 General Obligation (Bond 08) CIP Funds.
The foregoing motion was passed and approved with the following vote: Adame,
Adler, Elizondo, Kieschnick, Leal, Loeb, Marez, Martinez, and Scott voting "Aye".
8. MOTION NO. 2011-152
Motion approving the purchase of a dredge machine from SRS Crissafulli, Inc., of
Glendive, Montana in accordance with Bid Invitation No. BI -0170-11, based on low
bid meeting specifications, for a total amount of $204,800. The equipment will be
used at the O.N. Stevens Water Treatment Plant. Funds have been budgeted by
the Water Department in FY2010-2011.
The foregoing motion was passed and approved with the following vote: Adame,
Adler, Elizondo, Kieschnick, Leal, Loeb, Marez, Martinez, and Scott voting "Aye".
9.a. MOTION NO. 2011-153
Motion authorizing the City Manager or his designee to accept a grant in the amount
of $392,474 from the Texas Automobile Theft Prevention Authority (ATPA) to
continue the motor vehicle theft enforcement grant within the Police Department for
Year 11 with a City cash match of $441,505, in-kind match of $14,019, and program
income match of $9,224, for a total project cost of $857,222 and to execute all
related documents.
The foregoing motion was passed and approved with the following vote: Adame,
Adler, Elizondo, Kieschnick, Leal, Loeb, Marez, Martinez, and Scott voting "Aye".
9.b. ORDINANCE NO. 029129
Ordinance appropriating $392,474 from the Texas Automobile Theft Prevention
Authority (ATPA) in the No. 1061 Police Grants Fund to continue the motor vehicle
theft enforcement grant within the Police Department.
An emergency was declared, and the foregoing ordinance was passed and
approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Loeb,
Marez, Martinez, and Scott voting "Aye".
City Council Minutes
July 19, 2011
Page 5
10. RESOLUTION NO. 029130
Resolution authorizing the City Manager or designee to submit a grant application
in the amount of $35,500 to the Texas Department of Public Safety, Governor's
Division of Emergency Management, for FY 2012 Hazardous Materials Emergency
Preparedness (HMEP) Grant Program for public awareness brochures, school book
covers, production and broadcast of public service announcements, to conduct a
hazardous material response capability assessment, and to conduct two emergency
response exercises, with a hard match of $7,100, and authorizing the City Manager
or designee to apply for, accept, reject, alter or terminate the grant.
The foregoing resolution was passed and approved with the following vote: Adame,
Adler, Elizondo, Kieschnick, Leal, Loeb, Marez, Martinez, and Scott voting "Aye".
11. ORDINANCE NO. 029131
Ordinance appropriating $41,000 in Fund No. 4611 Airport Capital Reserve Fund,
authorizing the transfer of $41,000 to and appropriating in Fund No. 4610 Airport
Fund to fund capital expenditures at the Corpus Christi International Airport and
changing the FY 2010-2011 Operating Budget adopted by Ordinance No. 028683
by increasing revenues and appropriations by $41,000 each.
An emergency was declared, and the foregoing ordinance was passed and
approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Loeb,
Marez, Martinez, and Scott voting "Aye".
12. ORDINANCE NO. 029132
Ordinance appropriating $85,000 in the No. 1020 General Fund from additional
revenues to be received from the Utilities departments for street cut repairs;
changing the FY 2010-2011 Operating Budget adopted by Ordinance No. 028683
by increasing revenues and appropriations by $85,000 each.
An emergency was declared, and the foregoing ordinance was passed and
approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Loeb,
Marez, Martinez, and Scott voting "Aye".
13.a. MOTION NO. 2011-154
Motion authorizing the City Manager to accept $3,500 in donations from various
local organizations for expenses incurred in relation to the City Manager's Welcome
Reception on May 4, 2011.
The foregoing motion was passed and approved with the following vote: Adame,
Adler, Elizondo, Kieschnick, Leal, Loeb, Marez, Martinez, and Scott voting "Aye".
City Council Minutes
July 19, 2011
Page 6
13.b. ORDINANCE NO. 029133
Ordinance appropriating $3,500 in donations in the No. 1020 General Fund for
expenses incurred in relation to the City Manager's Welcome Reception on May 4,
2011; changing FY 2010-2011 Operating Budget adopted by Ordinance No. 28683
by increasing revenues and expenditures by $3,500 each.
An emergency was declared, and the foregoing ordinance was passed and
approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Loeb,
Marez, Martinez, and Scott voting "Aye".
14. FIRST READING ORDINANCE
Ordinance authorizing City Manager or designee to execute a 14 year lease
agreement (with an option to renew for an additional 10 years at City Council's
discretion) with the Padre Island Yacht Club that supersedes the current 10 year
lease that expires on July 11, 2015.
The foregoing ordinance was passed and approved on its first reading with the
following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Loeb, Marez, Martinez,
and Scott voting "Aye".
15. ORDINANCE NO. 029134
Ordinance appropriating $42,106 from the Texas Historical Commission ($35,000
of which is contingent upon future funding by the Texas Legislature) in the No. 1069
Museum Grants Fund for the complete reinventory of the La Belle artifact collection
held at the Corpus Christi Museum of Science and History. (First Reading —
07/12/11)
The foregoing ordinance was passed and approved on its second reading with the
following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Loeb, Marez, Martinez,
and Scott voting "Aye".
EXECUTIVE SESSION:
Mayor Adame announced the executive sessions which were listed on the agenda
as follows:
Executive session pursuant to Section 551.071 of the Texas Government Code to
consult with attorney regarding pending case No. 2010 -DCV -6004-E entitled City
of Corpus Christi vs. Friends of the Coliseum, et al in the 148th District Court of
Nueces County, Texas.
Executive session pursuant to Section 551.071 of the Texas Government Code to
consult with attorney regarding contemplated litigation involving municipal solid
waste services contracts.
City Council Minutes
July 19, 2011
Page 7
Executive session pursuant to Section 551.071(1)(A) to consult with attorney
regarding Cause No. SA 06 CA 0381 OG, styled The City of San Antonio and All
Other Similarly Situated Texas Cities v. Hotel.com, et al, in the Federal District
Court, Western District of Texas, San Antonio Division.
Executive session pursuant to Section 551.074 of the Texas Government Code to
deliberate the appointment, employment and duties of the City Auditor.
The Council went into executive session. The Council returned from executive
session. Mayor Adame announced that no action would be taken in open session at this
time and that the Council would return to executive session later in the meeting to further
deliberate the City Auditor position.
CAPITAL BUDGET:
Mayor Adame referred to Item No. 16. Council Member Scott made a motion to
amend the ordinance to include the effulent project to be funded from the Reserves and
accomplished within a twelve-month period, seconded by Council Member Elizondo. 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, Leal, Loeb, Marez, Martinez, and Scott voting "Aye".
16. ORDINANCE NO. 029135
Approving the FY 2012 Capital Budget and. Capital Improvement Planning Guide
in the amount of $155,970,500.
The foregoing ordinance was passed and approved on its second reading as
amended with the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Loeb,
Marez, Martinez, and Scott voting "Aye".
SPECIAL BUDGET CONSIDERATION ITEMS:
Oscar Martinez, Assistant City Manager provided a presentation on the FY 2012
Operating Budget and the tax rate impact. Mayor Adame called for comments from the
audience and the following citizens spoke: Harley Doerhen, Manuel Lopez, Diane
Lowrance, Joel Cortez, Sharlet Hatamker, Adan Chapa, Unidentified Citizen, Abel Chapa,
Gus Munoz, Soila Reyna, Jerry Redding, Allen Hoodye, T.C. Chadden, and Abel Alonzo.
Council Member Marez made a motion to amend Item No. 17a to fund Mental
Health Mental Retardation in the amount of $54,000 from the reserve appropriation,
seconded by Council Member Adler. City Secretary Chapa polled the Council for their
votes as follows:
City Council Minutes
July 19, 2011
Page 8
The foregoing motion passed and approved with the following vote: Adame, Adler,
Loeb, Marez, and Martinez voting "Aye"; Leal, Kieschnick, Elizondo, and Scott
voting "No".
City Secretary Chapa informed the Council that a supplemental agenda was
prepared and Item No. 17 was reposted as follows. City Secretary Chapa polled the
Council for their vote as follows:
17.a. FIRST READING ORDINANCE
Adopting the City of Corpus Christi Budget for the ensuing Fiscal Year beginning
August 1, 2011; to be filed with the County Clerk; appropriating monies as provided
in the budget. (Tabled on 07/12/11)
The foregoing ordinance was passed and approved on its first reading as amended
with the following vote: Adame, Adler, Elizondo, Kieschnick, Loeb, Marez, Martinez,
Scott voting "Aye"; Leal voting "No".
17.b. FIRST READIINC ORDINANCE
17.b. FIRST READING ORDINANCE
To ratify increase of $1,058,875 in property tax revenues from last year's operating
budge as reflected in the 2011-2012 Operating Budget. (Tabled on 7/12/11)
The foregoing ordinance was passed and approved on its first reading with the
following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Loeb, Marez, Martinez and
Scott voting "Aye".
PRESENTATION:
MayorAdame deviated from the agenda and referred to Item No. 30. Assistant City
Manager Rudy Garza provided a presentation on the 82nd Legislative Session. Mr. Garza
recognized State Representative Raul Torres, State Representative Connie Scott, State
Representative Todd Hunter, and Rene Ramirez, Chief of Staff for State Representative
Chuy Hinojosa.
PUBLIC COMMENT:
MayorAdame called for petitions from the audience. The following citizens spoke:
Harley Doerhen, Darene Gregory, Jim Klein, Abel Alonzo, Mary Ann Kelly, Yolanda
Mandel, and Nilda Diaz.
City Council Minutes
July 19, 2011
Page 9
SPECIAL BUDGET CONSIDERATION ITEM:
Mayor Adame referred to Item No. 18. Joan McKaughan, Interim Director of
Human Resources provided a presentation on the proposed revisions to the Personnel
Ordinance. Mayor Adame called for comments from the audience and there was none.
City Secretary Chapa polled the Council for their votes as follows:
18. FIRST READING ORDINANCE
Amending Code of Ordinances, Chapter 39, Personnel, Article III Employee
Compensation and Classification System, to revise Section 39-303 by deleting
provision to maintain 5% differential above employees supervised by select
positions in Pay Plan 400; to revise Section 39-304 by adding City Auditor's Office;
to revise Sections 39-329, 39-332, 39-345, and 39-347 regarding vacation leave;
to revise Sections 39-340 and 39-354 regarding sick leave; to revise Section 39-366
by adding personal leave hours are not paid out at termination; repealing all other
ordinances, and rules, or parts of ordinances and rules, in conflict with this
ordinance; providing for effective date. (Tabled on 07/12/11)
The foregoing ordinance was passed and approved on its first reading with the
following vote: Adame, Adler, Elizondo, Kieschnick, Loeb, Marez, Martinez, Scott
voting "Aye"; Leal was absent.
Mayor Adame referred to Item No. 19. Eddie Houlihan, Assistant Director of
Management and Budget provided an overview of the fee increases. Mayor Adame called
for comments from the audience and there was none. City Secretary Chapa polled the
Council for their votes as follows:
19.a. FIRST READING ORDINANCE
Amending Sections 55-50, 55-54, and 55-56, Code of Ordinances, City of Corpus
Christi, regarding water rates for Fiscal Year 2011-2012; providing an effective date;
and providing for publication. (Tabled on 07/12/11)
The foregoing ordinance was passed and approved on its first reading with the
following vote: Adame, Adler, Elizondo, Kieschnick, Loeb, Marez, Martinez, Scott
voting "Aye"; Leal was absent.
19.b. FIRST READING ORDINANCE
Amending Sections 12-108, Code of Ordinances, City of Corpus Christi, regarding
Sunrise Beach recreation site rates for Fiscal Year 2011-2012; providing an
effective date; and providing for publication. (Tabled on 07/12/11)
City Council Minutes
July 19, 2011
Page 10
The foregoing ordinance was passed and approved on its first reading with the
following vote: Adame, Adler, Elizondo, Kieschnick, Loeb, Marez, Martinez, Scott
voting "Aye"; Leal was absent.
19.c. FIRST READING ORDINANCE
Revising the title of Article VII, Chapter 55, Code of Ordinances; amending Section
55-100, Code of Ordinances, City of Corpus Christi, setting the wastewater rates for
Fiscal Year 2011-2012; establishing the procedures for the Fiscal Year 2011-2012
of the wastewater rates; providing an effective date; and providing for publication.
(Tabled on 07/12/11)
The foregoing ordinance was passed and approved on its first reading with the
following vote: Adame, Adler, Elizondo, Kieschnick, Loeb, Marez, Martinez, Scott
voting "Aye"; Leal was absent.
19.d. RESOLUTION NO. 029136
Resolution authorizing adjustment of Parks, Recreation, Cultural and Leisure Time
Activities rental and recreational fees; adding new Rental Fees and Recreational
Fees for Fiscal Year 2011-2012; providing for publication; and providing for effective
date. (Tabled on 07/12/11)
The foregoing resolution was passed and approved with the following vote: Adame,
Adler, Elizondo, Kieschnick, Loeb, Marez, Martinez, Scott voting "Aye"; Leal was
absent.
19.e. FIRST READING ORDINANCE
Amending Section 2-79 of the Code of Ordinances, by authorizing an annual
nonresident Library Fee; providing an effective date; and providing for publication.
(Tabled on 07/12/11)
The foregoing ordinance was passed and approved on its first reading with the
following vote: Adame, Adler, Elizondo, Kieschnick, Loeb, Marez, Martinez, Scott
voting "Aye"; Leal was absent.
ZONING CASES:
Mayor Adame referred to Item No. 20, and a motion was made, seconded and
passed to open the public hearing on the following zoning case:
Case No. 0611-01, Port of Corpus Christi Authority: A change of zoning from the
"RS -6" Single -Family 6 District ("R -1B" One -family Dwelling District) to the "IH"
Heavy Industrial District ("I-3" Heavy Industrial District). The property to be rezoned
is described as approximately two (2) tracts, totaling approximately 144.93 acres,
City Council Minutes
July 19, 2011
Page 11
of submerged land owner by the Port of Corpus Christi Authority, abutting to the
south end of the former Ingleside Naval Base and along the Corpus Christi Ship
Channel.
City PlannerAndrew Dimas referred to a powerpoint presentation including an aerial
view of the subject property, existing future land use, and ownership map. Mayor Adame
called for comments from the audience and there was none.
Council Member Martinez made a motion to close the public hearing, seconded by
Council Member Kieschnick, and passed. City Secretary Chapa polled the council for their
votes as follows:
20. ORDINANCE NO. 029137
Amending the Unified Development Code, upon application by Port of Corpus
Christi Authority, by changing the UDC Zoning Map in reference to two (2) tracts,
totaling approximately 144.93 acres, of submerged land owned by the Port of
Corpus Christi Authority, abutting to the south end of the former Ingleside Naval
Base and along the Corpus Christi Ship Channel, from the "RS -6" Single -Family 6
District (formerly "R-1 B" One -family Dwelling District) to the "IH" Heavy Industrial
District (formerly "1-3" Heavy Industrial District); 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 emergencywas declared and the foregoing ordinance was passed and approved
with the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Loeb, Marez,
Martinez voting "Aye", Scott abstained.
Mayor Adame referred to Item No. 21, and a motion was made, seconded and
passed to open the public hearing on the following zoning case:
Case No. 0611-02, Peter Jon Roel: A change of zoning from the RS -6 Single -
Family 6 District ("R -1B" One -family Dwelling District) to the "CN -1" Neighborhood
Commercial District ("B-1" Neighborhood Business District). The property to be
rezoned is described as Montrose Park Addition, Block 7, Lot 2, located at the
southeast corner of the intersection of Duncan Street and Ruth Street.
City PlannerAndrew Dimas referred to a powerpoint presentation including an aerial
view of the subject property, existing land use, future land use, ownership map and the site
plan. Mayor Adame called for comments from the audience and there was none.
Council Member Martinez made a motion to close the public hearing, seconded by
Council Member Kieschnick, and passed. City Secretary Chapa polled the council for their
votes as follows:
City Council Minutes
July 19, 2011
Page 12
21. ORDINANCE NO. 029138
Amending the Unified Development Code, upon application by Peter Jon Roel, on
behalf of Peter Jon Roel & Associates, LLC by changing the UDC Zoning Map in
reference to Montrose Park Addition, Block 7, Lot 2, located at the southeast corner
of the intersection of Duncan Street and Ruth Street, from the "RS -6" Single -Family
6 District (formerly "R-1 B" One -family Dwelling District) to the "CN -1" Neighborhood
Commercial District (formerly "B-1" Neighborhood Business District); 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, Loeb,
Marez, Martinez and Scott voting "Aye".
Mayor Adame referred to Item No. 22, and a motion was made, seconded and
passed to open the public hearing on the following zoning case:
Case No. 0611-03, Jack Martin: A change of zoning from the RS -6/I0 Single -
Family 6 District with an Island Overlay ("R -1B/10" One -family Dwelling District with
an Island Overlay) to the RM-AT/IO Multifamily AT District with an Island Overlay
("AT/IO" Apartment Tourist District with an Island Overlay). The property to be
rezoned is described as Padre Island -Corpus Christi Section E, Block 2, Lot 10,
located at the southeast corner of the intersection of Aruba Drive and Running Light
Drive.
City Planner Andrew Dimas referred to a powerpoint presentation including an large
aerial view of the subject property, existing land use, future land use, ownership map, and
a view of the subject property. Mayor Adame called for comments from the audience and
there was none.
Council Member Martinez made a motion to close the public hearing, seconded by
Council Member Elizondo, and passed. City Secretary Chapa polled the council for their
votes as follows:
22. ORDINANCE NO. 029139
Amending the Unified Development Code, upon application by Jack Martin, by
changing the UDC Zoning Map in reference to Padre Island -- Corpus Christi
Section E, Block 2, Lot 10, located at the southeast corner of the intersection of
Aruba Drive and Running Light Drive, from the "RS -6110" Single -Family 6 District
with an Island Overlay (formerly "R -1B/10" One -family Dwelling District with an
Island Overlay) to the "RM-AT/IO Multifamily AT District with an Island Overlay
(formerly "AT/IO" Apartment Tourist District with an Island Overlay); amending the
Comprehensive Plan to account for any deviations from the existing Comprehensive
Plan; providing a repealer clause; providing a penalty; providing for publication.
City Council Minutes
July 19, 2011
Page 13
An emergency was declared and the foregoing ordinance was passed and
approved with the following vote: : Adame, Adler, Elizondo, Kieschnick, Leal, Loeb,
Marez, Martinez and Scott voting "Aye".
Mayor Adame referred to Item No. 23, and a motion was made, seconded and
passed to open the public hearing on the following zoning case:
Case No. 0611-04, Diane McGroarty: A change of zoning from the "RS -6110"
Single -Family 6 District with an Island Overlay ("R -1B/10" One -family Dwelling
District with an Island Overlay) to the "RM-AT/IO" Multifamily AT District with an
Island Overlay ("AT/10" Apartment Tourist District with an Island Overlay). The
property to be rezoned is described as Padre Island -Corpus Christi Section E, Block
2, Lot 11, located at the southwest corner of Leeward Drive and Running Light
Drive.
City Planner Andrew Dimas referred to a powerpoint presentation including an aerial
view of the subject property, future land use, tourist use, ownership map, and view of the
subject property. Mayor Adame called for comments from the audience and there was
none.
Council Member Scott made a motion to close the public hearing, seconded by
Council Member Marez, and passed. City Secretary Chapa polled the Council for their
votes as follows:
23. ORDINANCE NO. 029140
Amending the Unified Development Code, upon application by Diane McGroarty,
by changing the UDC Zoning Map in reference to Padre Island — Corpus Christi
Section E, Block 2, Lot 11, located at the southwest corner of the intersection of
Running Light Drive and Leeward Drive, from the "RS -6110" Single -Family 6 District
with an Island Overlay (formerly "R-16/10" One -family Dwelling District with an
Island Overlay) to the "RM-AT/IO" Multifamily AT District with an Island Overlay
(formerly "AT/IO" Apartment Tourist District with an Island Overlay); 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, Loeb,
Marez, Martinez and Scott voting "Aye".
Mayor Adame referred to Item No. 24, and a motion was made, seconded and
passed to open the public hearing on the following special permit extension:
Case No. 0610-01, Ralph and Irma Rivera: Motion to consider a one-year time
extension of a Special Permit (SP) to July 20, 2012 to allow for the continued use
of property located at 621 Mohawk Street as a vehicle storage facility, and to
City Council Minutes
July 19, 2011
Page 14
consider that the requirement at SP Condition 2 of 7 that an eight (8) foot screening
fence be placed along the south property line shared with the one -family dwelling
district, be reduced to require a six (6) foot screening fence as must be installed
surrounding the remaining perimeter of the property.
City Planner Andrew Dimas stated that this case is for a special permit extension
and an alternation of one of the conditions of the special permit. He referred to a
powerpoint presentation including an aerial view of the subject property, the ordinance that
approved the special permit and the 7 conditions. Mr. Dimas stated that on of the Special
Permit conditions is screening. The screening requirement is 50% complete. The applicant
is requesting an alteration of the requirement to reduce the screening fence height from
8 feet to 7 feet."
Mayor Adame called for comments from the audience and the following citizen
spoke regarding the special permit extension: Abel Alonzo.
Council Member Elizondo made a motion to close the public hearing, seconded by
Council Member Kieschnick, and passed. City Secretary Chapa polled the council for their
votes as follows:
24. MOTION NO. 2011-155
Motion approving a one-year time extension of a Special Permit (SP) to July 20,
2012 to allow for the continued use of property located at 621 Mohawk Street as a
vehicle storage facility, and to consider that the requirement at SP Condition 2 of 7
that an eight (8) foot screening fence be placed along the south property line shared
with the one -family dwelling district, be reduced to require a six (6) foot screening
fence as must be installed surrounding the remaining perimeter of the property.
The foregoing motion was passed and approved with the following vote: Adame,
Adler, Elizondo, Kieschnick, Leal, Loeb, Marez, Martinez, and Scott voting "Aye".
REGULAR AGENDA:
Mayor Adame referred to Item No. 25. Oscar Martinez, Assistant City Manager
referred to the modifications made to the ordinance regarding the composition of the
Parking Advisory Committee. Mayor Adame called for comments from the audience and
the following individuals spoke regarding this item: Darene Gregory. City Secretary Chapa
polled the Council for their votes as follows:
25.a. MOTION NO. 2011-156
Motion to amend prior to Second Reading Section 1 of the Ordinance amending the
Code of Ordinances, City of Corpus Christi, Chapter 53, Traffic, Parking Meters,
Parking Pay Stations and Parking Advisory Committee passed on first reading on
July 12, 2011, by revising Section 53-196.
City Council Minutes
July 19, 2011
Page 15
The foregoing motion was passed and approved with the following vote: Adame,
Adler, Elizondo, Kieschnick, Leal, Loeb, Marez, Martinez and Scott voting "Aye".
25.b. ORDINANCE NO. 029141
Amending Chapter 53, Traffic, Article I. Definition, Article II. Administration, Article
VI. Standing and Parking and Article VIII. Schedules of the Corpus Christi Code of
Ordinances, by revising various sections in said articles to provide additional
definition; to create and expand Parking Enforcement Officer duties; to provide
installation of parking meters and pay stations; to provide paid parking spaces and
zones and location; to provide time limits on paid parking spaces and zones; to
provide fee and exemptions; to provide parking citation for parking violation; to
establish Parking Advisory Committee; to establish parking zone and rate; to
provide for penalties; to provide for publication; to provide for a repealer clause; and
to provide an effective date of August 1, 2011. (First Reading — 07/12/11)
An emergency was declared, and the foregoing ordinance was passed and
approved as amended with the following vote: Adame, Adler, Elizondo, Kieschnick,
Leal, Loeb, Marez, Martinez and Scott voting "Aye".
Mayor Adame referred to Item No. 26. Oscar Martinez, Assistant City Manager
provided an overview of the decriminalization of parking citations. Mr. Martinez stated that
staff recommends an amendment to the ordinance to provide for the original schedule that
was included in proposed ordinance, with the condition of evaluating in Year 1.
Mayor Adame asked for comments from the audience and there was none. City
Secretary Chapa polled the Council for their vote as follows:
26. ORDINANCE RECONSIDERED AFTER PASSAGE
Amending Chapter 53, Traffic, Article III. Enforcement and Compliance, and Article
VI, Standing and Parking of the Corpus Christi Code of Ordinances, by revising
various sections in said articles to make stopping, standing and parking violation a
civil offense; to provide for civil penalties; to create parking improvement fund; to
provide parking citation as notice of administrative adjudication hearing and create
failure to answer citation an admission of liability; to provide Texas Department of
Motor Vehicle's record as prima facie evidence and presumption owner as violator;
to provide an increase in immobilization fee; to create an office of administrative
hearings and appoint hearing officer to conduct administrative adjudication hearing;
to provide an appeal and enforcement of hearing officer's finding; to provide
impoundment and immobilization of motor vehicle for unpaid parking citations; to
create violations to provide for penalties; to provide for publication; to provide for a
repealer clause; and to provide for effective date of October 1, 2011. (First Reading
- 7112111)
City Council Minutes
July 19, 2011
Page 16
An emergency was declared, and the foregoing ordinance was passed and
approved with the following vote: Adame, Adler, Kieschnick, Loeb, and Martinez and
voting "Aye"; Elizondo, Leal, Marez and Scott were absent.
Council Member Martinez made a motion to reconsider Item No. 26, seconded by
Council Member Kieschnick. City Secretary Chapa polled the Council for their votes as
follows:
Th motion to reconsider was passed and approved with the following vote: Adame,
Adler, Kieschnick, Leal, Loeb, Martinez and Scott voting "Aye"; Elizondo and Marez
were absent.
Council Member Scott made a motion to go back to the original financial distribution
as previously presented. Council Member Martinez added that staff have the opportunity
to come back and make an alternate recommendation should revenues or expenditures
not trend as projected, and seconded by Council Member Loeb. City Secretary Chapa
polled the Council for their votes as follows:
The foregoing motion was passed and approved with the following vote: Adame,
Adler, Kieschnick, Leal, Loeb, Martinez and Scott voting "Aye"; Elizondo and Marez
were absent.
City Secretary Chapa polled the Council for their votes as follows:
26. ORDINANCE NO. 029142
Amending Chapter 53, Traffic, Article III. Enforcement and Compliance, and Article
VI, Standing and Parking of the Corpus Christi Code of Ordinances, by revising
various sections in said articles to make stopping, standing and parking violation a
civil offense; to provide for civil penalties; to create parking improvement fund; to
provide parking citation as notice of administrative adjudication hearing and create
failure to answer citation an admission of liability; to provide Texas Department of
Motor Vehicle's record as prima facie evidence and presumption owner as violator;
to provide an increase in immobilization fee; to create an office of administrative
hearings and appoint hearing officer to conduct administrative adjudication hearing;
to provide an appeal and enforcement of hearing officer's finding; to provide
impoundment and immobilization of motor vehicle for unpaid parking citations; to
create violations to provide for penalties; to provide for publication; to provide for a
repealer clause; and to provide for effective date of October 1, 2011. (First Reading
- 7/12/11)
An emergency was declared, and the foregoing ordinance was passed and
approved as amended with the following vote: Adame, Adler, Elizondo, Kieschnick,
Leal, Loeb, Martinez, and Scott voting "Aye"; Marez was absent.
City Council Minutes
July 19, 2011
Page 17
MayorAdame referred to Item No. 27. Fred Segundo, Director of Aviation explained
that this item is for a comprehensive facility and land appraisal review of undeveloped land
and facilities. Mayor Adame asked for comments from the audience and there was none.
City Secretary Chapa polled the Council for their votes as follows:
27. MOTION NO. 2011-157
Motion authorizing the City Manager or designee to negotiate and execute a
contract with Aviation Management Consulting Group, in the amount of $49,500 for
the completion of the assigned scope of work for a facilities and land appraisal.
The foregoing motion was passed and approved with the following vote: Adame,
Adler, Elizondo, Kieschnick, Leal, Loeb, Martinez and Scott voting "Aye"; Marez was
absent.
Mayor Adame referred to Item No. 28. Pete Anaya, Director of Engineering
provided an overview of the Kostoryz Road Improvement Phase 1 project, from Horne to
Sunnybrook. Mayor Adame called for comments from the audience and the following
individual spoke regarding this item: Harley Doerhen. City Secretary Chapa polled the
Council for their votes as follows:
28. MOTION NO. 2011-158
Motion authorizing the City Manager, or designee, to execute Change Order No. 2
with Texas Sterling Construction Company of Houston, Texas in the amount of
$216,100.85 for the Kostoryz Road Improvements Phase 1 from Horne to
Sunnybrook. (BOND ISSUE 2008)
The foregoing motion was passed and approved with the following vote: Adame,
Adler, Elizondo, Kiesch nick, Leal, Loeb, Martinez and Scott voting"Aye"; Marez was
absent.
29. WITHDRAWN BY STAFF
Alternate No. 2.
Mayor Adame announced that the Council was going back into executive session
on the following item:
Executive session pursuant to Section 551.074 of the Texas Government Code to
deliberate the appointment, employment and duties of the City Auditor.
City Council Minutes
July 19, 2011
Page 18
The Council returned from executive session and the following motion was passed
and approved with the following vote:
MOTION NO. 2011-159
Motion directing staff to schedule interviews for July 26, 2011 with the following
applicants for the City Auditor position: Celina Gaona, James D. Barnes and Cheryl
Davenport.
The foregoing motion was passed and approved with the following vote: Adame,
Adler, Elizondo, Kieschnick, Leal, Loeb, Martinez and Scottvoting"Aye"; Marez was
absent.
31. POSTPONED BY STAFF
There being no further business to come before the Council, Mayor Adame
adjourned the Council meeting at 5:40 p.m. on July 19, 2011.
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 July 19, 2011 which were
approved by the City Council on July 26, 2011.
WITNESSETH MY HAND AND SEAL on this the 26th day of July, 2011.
Armando Chapa
City Secretary