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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