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HomeMy WebLinkAboutMinutes City Council - 08/17/2010MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting August 17, 2010 - 12:00 p.m. PRESENT Mayor Joe Adame Mayor Pro Tem Brent Chesney Council Members: City Staff: Chris Adler City Manager Angel R. Escobar Larry Elizondo, Sr. City Attorney Carlos Valdez Kevin Kieschnick City Secretary Armando Chapa Priscilla Leal John Marez Nelda Martinez Mark Scott Mayor Adame called the meeting to order in the Council Chambers of City Hall. The invocation was delivered by Reverend Dr. Steve Hartwick with First Baptist Church and the Pledge of Allegiance to the United States flag was led by Council Member Larry Elizondo. 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 20, 2010. A motion was made and passed to approve the minutes as presented. ************ Mayor Adame referred to Item 2 and the following board appointments were made: Animal Control Advisory Committee Cheryl Martinez (Reappointed) Heather Tarnoski (Appointed) Dr. Barbara Whitlock (Appointed) Cable Communications Commission Connie Gutierrez (Reappointed) Senior Companion Program Advisory Committee Amber Sayre (Appointed) Building Code Board of Appeals Cliff Atnip (Reappointed) Ricardo Martinez (Reappointed) Food Service Advisory Committee Gabriel Hernandez (Reappointed) Anthony Hernandez (Reappointed) ************ Mayor Adame called for consideration of the consent agenda (Items 3 - 12). There were no comments from the public. Council members requested that Items 7, 9, and 12 be pulled for individual consideration. City Secretary Chapa polled the Council for their votes as follows: 3. RESOLUTION NO. 028709 Resolution authorizing the submission of a grant application in the amount of $22,750 to the Texas Department of Public Safety, Governor's Division of Emergency Management, for FY 2011 Hazardous Materials Emergency Preparedness (HMEP) Grant Program for public INDEXED Minutes — Regular Council Meeting August 17, 2010 — Page 2 awareness brochures, school book covers, production and broadcast of public service announcements, to conduct a hazardous chemical inventory and to conduct an emergency response exercise, with a hard match of $4,550, and authorizing the City Manager or his designee to apply for, accept, reject, alter, or terminate the grant. The foregoing resolution was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye". 4.a. RESOLUTION NO. 028710 Resolution authorizing the City Manager or his designee to accept a grant of $180,351 from the Texas Department of State Health Services for personnel costs, equipment and other expenses to provide a Public Health Emergency Preparedness Program relating to a plan for responding to an act of terrorism and to execute all related documents; and ratifying acceptance of the grant agreement to begin August 1, 2010. The foregoing resolution was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye". 4.b. ORDINANCE NO. 028711 Ordinance appropriating a grant of $180,351 from the Texas Department of State Health Services in the No. 1066 Health Grants Fund to provide a Public Health Emergency Preparedness Program relating to a plan for responding to an act of terrorism. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye". 5.a. RESOLUTION NO. 028712 Resolution authorizing the City Manager or his designee to accept a grant of $241,637 from the Texas Department of State Health Services for personnel costs and other expenses to provide an immunization program for children, adolescents, and adults, with special emphasis on children two years of age and younger, and to execute all related documents. The foregoing resolution was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye". 5.b. ORDINANCE NO. 028713 Ordinance appropriating a grant of $241,637 from the Texas Department of State Health Services in the No. 1066 Health Grants Fund to provide an immunization program for children, adolescents, and adults, with special emphasis on children two years of age and younger. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye". Minutes — Regular Council Meeting August 17, 2010 -- Page 3 6. ORDINANCE NO. 028714 Ordinance appropriating $633,000 from the estimated Program Income Revenue in the No. 1066 Health Grants Fund as State Fiscal Year 2010-2011 Program Income to fund laboratory and public health services for the period of September 1, 2010, through August 31, 2011. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye". 8.a. RESOLUTION NO. 028716 Resolution ratifying the acceptance of an additional funding award in the amount of $1,581,735 for a total allocation of $3,163,472 from the Texas Department of Housing and Community Affairs to be effective July 14, 2010, and authorizing the City Manager or his designee to execute all related documents for the Weatherization Assistance Program. The foregoing resolution was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye". 8.b. ORDINANCE NO. 028717 Ordinance appropriating $1,581,735 in the No. 1059 Grant Fund for the Weatherization Assistance Program. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye". 10. ORDINANCE NO. 028718 Ordinance abandoning and vacating a 2,246 -square foot portion of a 10 -foot wide utility easement out of Gardendale Unit 2, Block 5, Lots 18-19, located just west of the South Staples Street public right-of-way; requiring the owners, A.C. Gilmore Jr., and wife, ClydeII H, Gilmore, to comply with the specified conditions. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye". 11. ORDINANCE NO. 028719 Ordinance abandoning and vacating a 87.90 -square foot portion of a 7.5 -foot wide utility easement out of the Virginia Hills Subdivision, Block 4, Lot 7, located south of the Oso Parkway public street right-of-way; requiring the owners, Kenneth Todd Olson and Maria Garza Olson, to comply with the specified conditions. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye". Minutes — Regular Council Meeting August 17, 2010 — Page 4 12.1. RESOLUTION NO. 028721 Resolution nominating Flint Hills Resources, LP, to the Office of the Governor Economic Development & Tourism, through the Economic Development Bank, for designation as a Triple Jumbo Enterprise Project, underthe Texas Enterprise Zone Program under the Texas Enterprise Zone Act, Chapter 2303, Texas Government Code. The foregoing resolution was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye". MayorAdame opened discussion on Item 7 regarding LED lighting of Orion's Belt Sculpture on Corpus Christi Bayfront. In response to Council Member Kieschnick, City Manager Escobar reported that the source of funding is from the Bond 2004 Election. City Secretary Chapa polled the Council for their votes as follows: 7. RESOLUTION NO. 028715 Resolution authorizing the City Manager to execute an Interlocal Cooperation Agreement with the Corpus Christi Downtown Management District in the amount of $24,755 for LED lighting of Orion's Belt Sculpture on Corpus Christi Bayfront. The foregoing resolution was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye". MayorAdame opened discussion on Item 9 regarding Staples Street— Phase 2 from Holly to Williams. Council Member Adler expressed concern regarding the cost of engineering fees for projects. Ms. Adler asked questions regarding the percentage of the engineering fees for projects and the fees associated with prior council action on June 9, 2009 and April 27, 2010 including the percentage. Director of Engineering Services Pete Anaya explained that the percentage of engineering fees for projects ranges from 5 %% to 8% based on the design and complexity of the project. Mr. Anaya stated that the amount of engineering fees for the prior Council action item on June 9th was for Phases 1 and 2 and April 27th was only for Phase 1. Mr. Anaya added that he would provide the percentage of the fees later in the meeting. In response to Council Member Adler, Mr. Anaya stated that a team of project managers and the Director or Assistant Director of Engineering Services assesses the engineering services associated with the projects. Council Member Martinez asked whether the City incorporates acquisition of the right-of-way during the preliminary work on the bond process. City Manager Escobar stated that the City does incorporation the acquisition of the right-of-way and it is included in the cost of the project. Mr. Escobar added that once the engineer is selected, the City identifies the amount of right-of-ways to acquire and staff comes back with an amendment to include the additional parcels. Council Member Leal spoke regarding the appropriation of bonds funds. Council Member Elizondo asked staff to provide the breakdown of engineering service fees associated with projects. Mr. Elizondo also requested that staff prepare a construction award analysis for Bond 2000 and Bond 2004. In response to Council Member Scott, Mr. Anaya stated that the engineering services are internal and the construction observation services are supplemented with consultants. MayorAdame requested a schedule of engineering fees over the past two (2) years. Ms. Adler requested that the schedule include the engineering fees over the last five (5) years. City Secretary Chapa polled the Council for their votes as follows: Minutes — Regular Council Meeting August 17, 2010 — Page 5 9. MOTION NO. 2010-186 Motion authorizing the City Manager or his designee to execute Amendment No. 2 to the Contract for Professional Services with Freese and Nichols, Inc. of Corpus Christi, Texas, in the amount of $71,625 for a total restated fee of $709,457 for Staples Street - Phase 2 from Holly to Williams for right-of-way (ROW) acquisition survey of 19 parcels. (BOND ISSUE 2008) The foregoing motion was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye". Mayor Adame opened discussion on Item 12 regarding the renaming of Oceanview Park to Catalina Martinez Park. Council Member Chesney announced that he requested this item be pulled for individual consideration to allow the family to speak. Arturo Martinez, 1309 Sixth Street, introduced his grandson Adan Martinez who asked to address the Council. Adan Martinez thanked the Council for naming the park after his grandmother and asked that the City address the tall grass, mosquitoes, and an electrical pole to allow kids to play at the park. In response to Council Member Scott, Assistant Director of Parks and Recreation Stacie Talbert reported that staff is working to address the issues presented by Mr. Martinez. City Secretary Chapa polled the Council for their votes as follows: 12. ORDINANCE NO. 028720 Renaming the park located at 1516 Seventh Street from Oceanview Park to Catalina Martinez Park. (First Reading — 07/20/10) The foregoing ordinance was passed and approved on its second reading with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye". ************* Mayor Adame announced the executive sessions, which were listed on the agenda as follows: discipline, or dismissal of Municipal Court Judges with possible discus ion and action in Open-Sessien-. 14. Executive Session under Texas Government Code Section 551.071 regarding the City of Corpus Christi, Texas vs. Friends of the Coliseum, Cause No. 10-60455-4, in the County Court at Law Number 4, Nueces County, with possible discussion and action in open session. 15. Executive session under Texas Government Code Section 551.071 for private consultation with its attorney regarding City of Corpus Christi - Proposed TPDES Permit No. WQ0010401004, EPA ID No. TX0047058 (CN600131858; RN101610327), with possible discussion and action in open session. 16. Executive session under Texas Government Code Section 551.071 regarding police collective bargaining negotiations, with possible discussion and action in open session. Minutes — Regular Council Meeting August 17, 2010 — Page 6 17. Executive session under Texas Government Code Section 551.071 regarding fire collective bargaining negotiations, with possible discussion and action in open session. The Council went into executive session. The Council returned from executive session. No action was taken. * * * * * * * * * * * * Mayor Adame referred to Item 18, and a motion was made, seconded and passed to open the public hearing on the following zoning case: Case No. 0610-03, Jack R. Baker: A change in zoning from "AB" Professional Office District to "B-1" Neighborhood Business District on property described as Northwest Estates, Block 11, Lot 4, located at 4030 River Hill Drive. Bob Payne, Senior City Planner, referred to a powerpoint presentation including an aerial view; the existing land use map; the future land use map; oblique photo; "AB" and 'B-1" allowable uses; additional photos of the subject property; site plan and ownership map. Mr. Payne stated that the Planning Commission and staff recommended denial of the "B-1" Business Neighborhood District and in lieu thereof, approval of the "AB/SP" Professional Office District with a Special Permit, subject to a Site Plan and seven (7) conditions. No one appeared in opposition to the zoning change. Ms. Martinez made a motion to close the public hearing, seconded by Mr. Elizondo, and passed. Mr. Chapa polled the Council for their votes as follows: 18. ORDINANCE NO. 028722 Amending the Zoning Ordinance, upon application by Jack R. Baker, by changing the Zoning Map in reference to Northwest Estates, Block 11, Lot 4, from "AB" Professional Office District to "AB/SP" Professional Office District with a Special Permit to allow the operation of a restaurant, subject to a Site Plan and seven (7) conditions; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan; providing a repealer clause; providing a penalty; providing for publication. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye". Mayor Adame referred to Item 19, and a motion was made, seconded and passed to open the public hearing on the following zoning case: Case No. 0610-04, Extreme Homes of Texas, LLC: A change in zoning from "R -1B" One - Family Dwelling District to "R -1C" One -Family Dwelling District resulting in a change of land use on the property described as 3.49 acres out of McKinzie Partition Tract 1-C, located at Shallow Creek Drive. No one appeared in opposition to the zoning change. Mr. Chesney made a motion to close the public hearing, seconded by Mr. Scott, and passed. Mr. Chapa polled the Council fortheirvotes as follows: Minutes — Regular Council Meeting August 17, 2010 — Page 7 19. ORDINANCE NO. 028723 Amending the Zoning Ordinance, upon application by Extreme Homes of Texas, LLC, by changing the Zoning Map in reference to 3.49 acres out of McKinzie Partition Tract 1-C, from "R -1B" One -family Dwelling District to "R -1C" One -family Dwelling District; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Pian; 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, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye". Mayor Adame announced that Item 20 regarding the public hearing on zoning case No. 0610-05, City of Corpus Christi was withdrawn by staff. 20. properties to "R 1B" One Family Dwelling District on property described as approximately five (5) tracts, totaling approximately 6.635 acres, of submerged land owned by the Port of Mayor Adame referred to Item 21, and a motion was made, seconded and passed to open the public hearing on the following easement closure: 21. Public hearing to consider an Ordinance closing, abandoning and vacating a 89,159.98 - square foot portion of an easement dedicated to the use of the public for parking purposes, out of Lindale Park Subdivision Section No. 4, Block D, in order to allow for the future construction and development over the existing easement; requiring the owner to comply with the specified conditions. City Secretary Chapa announced that Council Member Scott would abstain from the discussion and vote on this item. Assistant City Manager of Development Services Johnny Perales provided a background of the commercial tract and an aerial photograph of the proposed public parking easement closure for the Lindale Park Subdivision. Deborah Brown, Assistant City Attorney, provided a revised agenda memorandum to address the concerns of the developer, CVS/Caremark. The following topics pertaining to this item were discussed: the future use of the property; the location of the parking easement; and the owner of Alameda Plaza, LLC. No one appeared in opposition to the easement closure. Ms. Martinez made a motion to close the public hearing, seconded by Mr. Elizondo, and passed. Mr. Chapa polled the Council for their votes as follows: 21. ORDINANCE NO. 028724 Ordinance closing, abandoning and vacating a 89,159.98 -square foot portion of an easement dedicated to the use of the public for parking purposes, out of Lindale Park Subdivision Section No. 4, Block D, in order to allow for the future construction and development over the existing easement; requiring the owner to comply with the specified conditions. Minutes — Regular Council Meeting August 17, 2010 — Page 8 An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, and Martinez, voting "Aye"; Scott abstained. ************* Mayor Adame opened discussion on Item 22 regarding the Special Election to be held on November 2, 2010 for consideration of amendments to the City Charter. City Secretary Chapa explained that this item is calling for a Charter Election on November 2, 2010 proposing six propositions to amend the Charter. City Secretary Chapa stated that $160,000 has been allocated for this election. Mr. Kieschnick made a motion to amend Proposition 3 regarding the City Auditor to include the language that the City Auditor be appointed by and report to the City Council. The motion was seconded by Mr. Elizondo. The foregoing motion was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye". Mr. Kieschnick made a motion to amend Proposition No. 5 regarding municipal court judges to reduce the majority vote of the City Council to a two-thirds vote. The motion was seconded by Mr. Chesney. The foregoing motion was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye". Council Member Kieschnick also spoke regarding consideration of a strong mayor form of government. Council Member Scott spoke in opposition to the limitation of terms for City Council and moving the election to November. Council Member Marez stated that he did not support the November election and the term limitations. Council MemberAdler stated that she feels that the City should have its own election in May and did not support the November Election. Council Member Leal spoke in support of longer terms of office for council members and the November election. Council Member Chesney stated that he did not feel that there is voter fatigue during a November Election and that having a November Election would decrease the cost of elections and prepare future Council's for the budget process. Council Member Elizondo spoke in support of the November election. Mayor Adame called for comments from the audience. John Bell spoke in opposition to restricting terms of office for council members and November elections. Mr. Bell spoke in support of a large local issue election in May that focuses on non-partisan local elections. Mr. Bell encouraged the Council to postpone the Charter Election until next May. Council Member Scott made a motion to eliminate Proposition No. 6 regarding changing the election date to November from the list of items to be held in the Charter Amendment Election. The motion was seconded by Mr. Marez. City Secretary Chapa polled the Council for their votes as follows: The foregoing motion failed with the following vote: Adame, Adler, Marez, and Scott, voting "Aye"; Chesney, Elizondo, Kieschnick, Leal, and Martinez, voting "No". Minutes — Regular Council Meeting August 17, 2010 — Page 9 Council Member Scott made a motion to eliminate Proposition No. 2 regarding limitation of terms for council members from the list of items set forth for the November Charter Election. The motion was seconded by Mr. Marez. City Secretary Chapa polled the Council for their votes as follows: The foregoing motion failed with the following vote: Adame, Adler, Marez, and Scott, voting "Aye"; Chesney, Elizondo, Kieschnick, Leal, and Martinez, voting "No". In response to Council Member Marez, Charter Committee Member John Bell clarified that the limitation on terms for council members would be effective upon adoption of the election ordinance. City Secretary Chapa polled the Council for their votes as follows: 22. FIRST READING ORDINANCE Ordering a Special Election to be held on November 2, 2010, in the City of Corpus Christi to provide for consideration of amendments to the Charter of the City of Corpus Christi; providing for procedures for holding such election; providing for notice of election and publication thereof; providing for establishment of branch early voting polling places; designating polling place locations; authorizing a joint election with Nueces County; and enacting provisions incident and relating to the subject and purpose of this ordinance. The foregoing ordinance was passed and approved as amended on its first reading with the following vote: Adame, Chesney, Elizondo, Kieschnick, Leal, Marez, and Martinez, voting "Aye"; Adler and Scott voting "No". ************* Mayor Adame referred to Item 28 regarding the annual report by the Corpus Christi Regional Transportation Authority (RTA). Michael Sezter, Interim CEO of the RTA, referred to a powerpoint presentation including a background; mission statement; types of services; rider profile; 2010 operating budget; economic impact; the partnership with the City; and RTA initiatives. Mr. Sezter also recognized Board Chair Crystal Lyons and Operations Chair Judy Telge. The following topics pertaining to this item were discussed: the cost benefit for partnering with the City on vehicle maintenance and gas services; trash receptacles and trash collection at bus stops; and including the City of Port Aransas in discussions regarding the ferry. * * * * * * * * * * * * * Mayor Adame opened discussion on Item 23 regarding the Board, Commission and Committee procedures. City Secretary Chapa explained that this item was requested by the City Council to change the current policy on the appointment of board members. Mr. Chapa stated that this amendment would prohibit the appointment of a person from serving on more than one City or non -City board at the same time. In response to Council Member Marez, City Secretary Chapa stated that current members serving on more than one board will be grandfathered until the next term and at that time decide which board to serve on. Mr. Chapa added that there are currently 23 people serving on more than one board. Council Member Elizondo asked staff to send a memo out to all boards notifying members of the amendment. Mr. Chapa stated that letters would be sent to the affected board members. Minutes — Regular Council Meeting August 17, 2010 — Page 10 There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 23. RESOLUTION NO. 028725 Resolution amending Council Policy No. 14, "Boards, Commissions, and Committee Procedures" to limit service on boards, commissions, committees or corporations, effective upon passage. The foregoing resolution was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Leal, Marez, Martinez, and Scott, voting "Aye"; Kieschnick was absent. Mayor Adame opened discussion on Item 24 regarding the Cimarron Center Subdivision. City Secretary Chapa announced that Council Member Scott would abstain from the discussion and vote on this item. Assistant City Manager Johnny Perales •explained that the purpose of this agreement is to accelerate the development of the proposed Wal-Mart project to allow concurrent construction of both public and on-site private improvements. Mr. Perales stated that the appropriation is required to accept previously -deposited funds from the developer for the extension of Dunbarton Oaks Drive. Mr. Perales provided a substitute ordinance to include any interest accumulated to the point the developer is reimbursed. Marco Castillo, Development Services Manager, and Ken Brown, legal representative for Wal-Mart, were available to respond to questions. Ms. Martinez made a motion to substitute the ordinance submitted by staff. The motion was seconded by Mr. Chesney. The foregoing motion was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, and Martinez, voting "Aye"; Scott abstained. Council Member Leal asked questions regarding the ditch located behind the development. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 24.a. ORDINANCE NO. 028726 Ordinance appropriating and restricting $83,250.49 (and the accrued interest) in the Interest - Bearing Infrastructure Trust Fund No. 4730 to reimburse Wal-Mart Real Estate Business Trust (Developer) upon completion of Dunbarton Oak Drive and related storm water improvements, in accordance with Section IV, Paragraph A, Subparagraph 12 of the Platting Ordinance. An emergency was declared, and the foregoing ordinance was passed and approved as substituted with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, and Martinez, voting "Aye"; Scott abstained. 24.b. MOTION NO. 2010-187 Motion authorizing the City Manager to execute a Deferment Agreement with Wal-Mart Real Estate Business Trust, (Developer), in the amount of $1,086,478.05 for public improvements including construction of water, sanitary sewer, storm sewer, and road improvements as a requirement for the platting of Cimarron Center Subdivision, located south of Saratoga Boulevard and west of Cimarron Boulevard, in accordance with the Platting Ordinance Section V — Required Improvements, Subsection A. 3. b), contingent upon receipt of an acceptable form of a financial document compliant with City requirements. Minutes — Regular Council Meeting August 17, 2010 — Page 11 public. The foregoing motion was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, and Martinez, voting "Aye"; Scott abstained. * * * * * * * * * * * * * Mayor Adame called for petitions from the audience. There were no comments from the * * * * * * * * * * * * * Mayor Adame opened discussion on Item 25 regarding area street and drainage improvements Phase 2B Helen and Theresa Streets. Director of Engineering Services Pete Anaya referred to a powerpoint presentation including the background; project scope; project limits; construction schedule; and project costs. Mr. Anaya stated that the consultant fees for LNV Engineering, in the amount of $242,950, are for the total amount for all phases of this project. The following topics pertaining to this item were discussed: whether the projected was estimated higher or lower than the engineer's estimate; and the services provided by the consultant. Council Member Marez requested an update on the timeline for geotechnical testing accreditation. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 25. MOTION NO. 2010-188 Motion authorizing the City Manager or his designee to execute a construction contract with Bay, Ltd. of Corpus Christi, Texas, in the amount of $1,309,233.30 for the Area Street and Drainage Improvements Phase 2B Helen and Theresa Streets. The foregoing motion was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, and Martinez, voting "Aye"; Scott was absent. Mayor Adame opened discussion on Item 26 regarding Mansheim & Helen — Gabriel to Kostoryz and Sunnybrook and Mansheim Area Improvements. Director of Engineering Services Pete Anaya referred to a powerpoint presentation including a background; project scope; project limits; construction schedule; and project costs. The following topics pertaining to this item were discussed: the issue of construction companies turning over project to bonding companies; the procedures in place for background checks for construction companies; whether staff has done a background check on Reytec Construction; and extending the background check to five (5) to 10 years when selecting out of town and in -town consultants. Council Member Adler requested a report on the Laguna Shore project. Ms. Adler expressed concern with selecting the lowest bidder for projects and asked staff to do a further background check on Reytec including the length of time in business; financial information; and experience with bonding companies over the past 10 years. Mr. Anaya stated that he would get with Legal to explore another award method that does not depend strictly on the low bidder. Minutes — Regular Council Meeting August 17, 2010 — Page 12 Ms. Adler made a motion to table this item for two weeks to do a further background check on Reytec Construction Resources, Inc. The motion was seconded by Mr. Kieschnick. Council members had additional comments so Mr. Kieschnick withdrew his second. Council Member Leal spoke in support of tabling this item to allow for the best construction company to do the work. Ms. Leal also asked questions regarding the CIP funding for this project. Council Member Marez asked questions regarding the fees for geotechnical and materials testing and the awarding to two different companies. Mr. Anaya stated that typically the same lab is used for both testing. Council Member Scott asked questions regarding unused CIP funds on projects. City Manager Escobar explained that unused CIP funds remain for use on other CIP projects. In response to Council Member Scott, Mr. Anaya stated that the City uses Govind Development to implement the CIP program into the bond program. Council Member Elizondo suggesting re- evaluating the instruments used to issue awards for projects. Ms. Adler remade her motion to table this item for two weeks to do a further background check on Reytec Construction Resources, Inc. The motion was seconded by Mr. Kieschnick. The foregoing motion was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye". 26. TABLED TO AUGUST 31, 2010 - - - - - Reytec Construction Resources Inc. of Houston, Texas, in the amount of $6,890,519.50 for Mansheim & Helen — Gabriel to Kostoryz and Sunnybrook to Gollihar (BOND ISSUE 2008) Mayor Adame opened discussion on Item 27 regarding the extension of Yorktown Boulevard from Cimarron Boulevard to Rodd Field Road. Director of Engineering Services Pete Anaya referred to a powerpoint presentation including a background; project scope; project limits; schedule; and project costs. The following topics pertaining to this item were discussed: the funding for the construction phase 2 extensions; the Rodd Field/Airline intersection; and whether landscaping funding is secured with the Texas Department of Transportation (TxDOT). There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 27. MOTION NO. 2010-189 Motion authorizing the City Manager or his designee to execute Amendment No. 4 to the Contract for Professional Services with Freese and Nichols, Inc. of Corpus Christi, Texas in the amount of $636,003, for a total re -stated fee of $1,775,186 for the Yorktown Boulevard — Staples to Cimarron Project for the evaluation, design and preparation of construction documents for the extension of Yorktown Boulevard from Cimarron Boulevard to Rodd Field Road. (BOND ISSUE 2004/2008) The foregoing motion was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Leal, Martinez, and Scott, voting "Aye"; Kieschnick and Marez were absent. Minutes — Regular Council Meeting August 17, 2010 — Page 13 Mayor Adame opened discussion on Item 27.1 regarding the Brush Collection Rapid Response Fund. Assistant City Manager Oscar Martinez explained that this item is in response to windstorm event that occurred on June 2, 2010 that created extraordinary brush and debris. Mr. Martinez referred to a powerpoint presentation a background; the pre/post storm collection map; use of brush collection contractor; sustainability of a clean city; and brush schedule enforcement. Director of Solid Waste Operations Lawrence Mikolajczyk was available to respond to questions. Mr. Martinez explained the requested Council action is to establish a protocol for the fund to be used; appropriate $350,000 to support cleanup of the brush; and approval to spend the funds under the provisions of the protocol. Mr. Martinez provided a brief overview of the proposed protocol for use of the funds. The following topics pertaining to this item were discussed: the amount of funding requested in June; the timeline for clean-up efforts; the number of trucks currently in operation; the focus on compliance of the ordinance; an explanation of the backlog; whether the cycle changed; the reason this item is considered an emergency; delaying the start of the program until September; the health and safety hazards; and notifying the public of the schedule. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 27.1.a. RESOLUTION NO. 028727 Resolution approving the protocol to be used to authorize the City Manager to utilize the Brush Collection Rapid Response Fund approved in the fiscal year 2010-2011 budget. The foregoing resolution was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye". 27.1.b. ORDINANCE NO. 028728 Ordinance appropriating $350,000 from the Unreserved Fund balance in General Fund No. 1020 to be dedicated for rapid response brush pickup; changing the FY 2010-2011 Operating Budget adopted by Ordinance No. 028683 to increase appropriations by $350,000. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye". 27.1.c. MOTION NO. 2010-190 Motion authorizing the City Manager or his designee to expend up to $350,000 to support the City's emergency brush clearing initiative as provided under the City's approved protocol. The foregoing motion was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye". * * * * * * * * * * * * * Minutes — Regular Council Meeting August 17, 2010 — Page 14 Mayor Adame announced that Item 29 was postponed by staff. 29. New Economic Development Website Demonstration. There being no further business to come before the Council, Mayor Adame adjourned the Council meeting at 5:10 p.m. on August 17, 2010. ************* I HEREBY CERTIFY that the foregoing is a true and correct copy of the minutes of the Regular Meeting of the Corpus Christi City Council of August 17, 2010, which were approved by the City Council on August 24, 2010. WITNESSETH MY HAND AND SEAL, on this the 24th day of August, 2010. Armando Chapa City Secretary SEAL