Loading...
HomeMy WebLinkAboutMinutes City Council - 10/30/20071 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 October 30, 2007, which were approved by the City Council on November 13, 2007. WITNESSETHMY HAND AND SEAL, on this the 13th day of November, 2007. Armando Chapa City Secretary SEAL MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting October 30, 2007 -1 :00 a.m. PRESENT Mayor Henry Garrett Mayor Pro Tem Mike Hummel! Council Members: Larry Elizondo, Sr. Bill Kelly Priscilla Leal Michael McCutchon John Marez Nelda Martinez ABSENT Melody Cooper City Staff: City Manager George K. Noe City Attorney Mary Kay Fischer City Secretary Armando Chapa Mayor Garrett called the meeting to order in the Council Chambers of City Hall. The invocation was delivered by Pastor Mark Behrendt with Galilean Lutheran Church and the Pledge of Allegiance to the United States flag was led by Council Member John Marez. Mayor Garrett called for approval of the minutes of the regular Council meeting of October 23, 2007. Council Member McCutchon requested that the minutes be amended by removing the wording "in advance of the buildout" on page 7. A motion was made, seconded, and passed to approve the minutes as amended. Mayor Garrett called for the City Manager's report. City Manager Noe introduced the new director of Municipal Information Systems Michael Armstrong. Mr. Noe announced the hiring of the new Airport Director Fernando Segundo. City Manager Noe provided an update on the implementation of the Beach Watch signage. Mr. Noe announced that the Bond 2008 presentation is scheduled for November 13th. He said staff is working with the Administration Committee relating to the utility extension financing and policies. Mr. Noe announced that the City received an upgrade in the Insurance Service Office (150) rating from a Class 4 to a Class 3. Mr. Noe spoke regarding the changes to the Texas Municipal Retirement ent system; full implementation of the Noise Ordinance; and the Development Services' project management system. Mayor Garrett announced that Item 16 regarding an appeal of Roland Garza of the Cable Communications Commission would be rescheduled. 16. POSTPONED TO NOVEMBER MEETING * * * * * * * * * * * * Minutes — Regular Council Meeting October 30, 2007 — Page 2 Mayor Garrett called for consideration of the consent agenda (Items 2 - 8). There were no comments from the public. Council members requested that Item 5 be pulled for individual consideration. City Secretary Chapa polled the Council for their votes as follows: 2. MOTION NO. 2007-279 Motion approving a supply agreement with Pencco, Inc. of San Felipe, Texas for approximately 435 tons of hydrofluorosilicic acid in accordance with Bid Invitation No. Bl - 0009 -08 based on only bid for an estimated annual expenditure of $212,062.50, of which $159,046.92 is required in FY 2007-2008. The term of the supply agreement will be for twelve months with an option to extend for up to two additional twelve-month periods, subject to the approval of the supplier and the City Manager or his designee. Funds have been budgeted by the Water Department in FY 2007-2008. The foregoing motion was passed and approved with the following vote: Garrett, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye,'; Cooper was absent. 3. MOTION NO. 2007-280 Motion authorizing the purchase of equipment for a total amount of $151,943 utilizing funds from the 2006 High Intensity Drug Trafficking Area Grant awarded to the City of Corpus Christi and budgeted in Police Grant Fund 1061. The foregoing motion was passed and approved with the following vote: Garrett, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting `Aye"; Cooper was absent. 4. MOTION No. 2007-281 Motion authorizing the City Manager or his designee to purchase specialized equipment in the amount of $436,086.37 using funds from the 2003 and 2006 Homeland Security Grant Programs, in No. 1062 Fire Grant Fund. The foregoing motion was passed and approved with the following vote: Garrett, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye"; Cooper was absent, 6. MOTION NO. 2007-283 Motion authorizing the City Manager or his designee to execute a construction contract with F abalais 1& E Constructors, of Corpus Christi, Texas in the amount of $338,780forthe O.N. Stevens Water Treatment PlantOn-Going Instrument Maintenance Program FY 2007-2008. The foregoing motion was passed and approved with the following vote: Garrett, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye"; Cooper was absent, 7. ORDINANCE NO. 027462 Ordinance appropriating $70,000 from unappropriated settlement proceeds in the No. 3160 City Hall C1P Fund; transferring and appropriating in the Park CIP Fund No. 3280 for relocation of the Ropes/Steamboat House from Carancahua to Mesquite Street and associated expenses; amending the FY 2007 Capital Budget adopted by Ordinance 026997 by increasing appropriations in Park CIP Fund 3280 by $70,000. Minutes — Regular Council Meeting October 30, 2007 — Page 3 An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye"; Cooper was absent. 8. ORDINANCE NO. 027463 Ordinance authorizing the City Manager or his designee to execute a five-year lease with Bayfest, Inc., of Corpus Christi, Texas, for the use of the Grande -Grossman House, located at 1517 North Chaparral in Heritage Park, as their business offices, in consideration of Bayfest, Inc. paying a monthly fee of $500. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye"; Cooper was absent. Mayor Garrett opened discussion on Item 5 regarding an Arterial Transmission and Grid Main Construction and Reimbursement Agreement submitted by Baybreeze Development L.P. Council Member Hummell asked questions regarding previous action and the actual cost associated with fire hydrant assembly. Deputy Director of Development Services Johnny Perales said some agreements listed the fire hydrant assembly as a lump sum item with a unit cost of $3,500 and the other agreements had the assembly broken down to four separate items totaling $3,240 for the installed fire hydrant assembly cost. In response to Mr. Hummell, Mr. Perales said the listed price was for an installed fire hydrant assembly. Council Member McCutchon spoke regarding the installation of a dead-end main. City Manager Noe said the dead-end line is short term and additional units will be installed adjacent to the development. In response to Dr. McCutchon, Mr. Perales said there was a preliminary plan to show the proposed units, Council Member Elizondo asked for a status on the water distribution standards and requested a standard format for reviewing the cost of materials. Council Member Hummell asked questions regarding the timeline for reimbursement. A motion was made by Dr. McCutchon to table Item 5 to the end of the meeting to review the master plan for the development. The motion was seconded by Ms. Leal and passed. Mayor Garrett referred to Item 9, and a motion was made, seconded and passed to open the public hearing on the following zoning case: Case No, 1007-01, Southside Ventures LP: A change of zoning from a "R -1B" B" One -family Dwelling District, "R-113/SP" One -family Dwelling District with a Special Permit and "B-1" Neighborhood Business District to a "R -1C" C" One --family Dwelling District on property described as 32.82 acres of land situated in Lots 5 and 6, Block 11 of Bohemian Colony Lands, located approximately 300 feet east of the intersection of Weber Road (FM 43) and Bratton Road, City Secretary Chapa stated that the Planning Commission and staff recommended approval of the "R -1C" C" One -f mily Dwelling District. No one appeared in opposition to the zoning change. Mr. Elizondo made a motion to close the public hearing, seconded by Mr. Marez, and passed. Mr. Chapa polled the Council for their votes as follows. Minutes — Regular Council Meeting October 30, 2007 — Page 9. ORDINANCE NO. 027646 Amending the Zoning Ordinance, upon application by Southside Ventures, L.P., by changing the zoning map in reference to 32.82 acres out of Lots 5 and 6, Block 11, of Bohemian Colony Lands, from "R 1B" One -family Dwelling District, "R-113/SP" B/SP" One -family Dwelling District with a Special Permit, and "B-1" Neighborhood Business District to "R -1C" C" ne- family Dwelling 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: Garrett, Elizondo, Hummel!, Kelly, Leal, McCutchon, and Marez, voting "Aye"; Cooper and Martinez were absent. Mayor Garrett referred to Item 10, and a motion was made, seconded and passed to open the public hearing on the following zoning case: Case No. 1007-02 AEP Texas Central Co.: A change of zoning from a "R -1B" B" One -family Dwelling District to an "1-2" Light Industrial District (Tract 1) and an "1-3" Heavy Industrial District (Tract 2), 15.38 acres (Tract 1) and 0.029 acres (Tract 2) of land on property described as Lot 2, Block 7 of Bohemian Colony Lands, located approximately 700 feet south of the intersection of Frederick Drive and Ayers Street. City Secretary Chapa stated that the Planning Commission and staff recommended approval of the "1-2" Light Industrial District for Tract 1 and denial of an "1-3" Heavy Industrial District for Tract 2, and in lieu of, approval ofan "1-2" Light Industrial District with a Special Permit on Tract 2, for one (1) 10,000 gallon above ground fuel tank for the storage of unleaded gasoline, subject to a site plan, and approval of the Fire Marshal and Zoning Board of Adjustment. No one appeared in opposition to the zoning change. Mr. Marez made a motion to close the public hearing, seconded by Mr. Kelly, and passed. Interim Assistant Director of Development Services Faryce Goode -Macon stated that there was a correction to the ordinance to provide for a split tank with 8,000 gallons for diesel and the remaining 2,000 gallons for unleaded fuel. A motion was made by Mr. Hummel! to amend the ordinance to allow for the split tank, seconded by Mr. Marez and passed. Mr. Chapa polled the Council for their votes as follows: 10. ORDINANCE NO. 027465 Amending the Zoning Ordinance, upon application by AEP Texas Central Company, by changing the zoning map in reference to 15.38 acres (Tract 1) out of Lot 2, Block 7, Bohemian Colony Lands, from "R -1B" B" One -family Dwelling District to "1-2" Light Industrial District; and 0.029 acres (Tract 2) out of Lot 2, Block 7, Bohemian Colony Lands, from "R - 1B" B" One family Dwelling District t "1-2" Light Industrial District with a Special Permit for one (1) 10,000 gallon above ground split fuel storage tank for the storage of 8,000 gallons of diesel fuel and 2,000 gallons of unleaded gasoline, per the metes and bounds description; 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 as amended with the following vote: Garrett, Elizondo, Hummel!, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye"; Cooper was absent. Minutes Regular Council Meeting October 30, 2007 -- Page 5 Mayor Garrett referred to Item 11, and a motion was made, seconded and passed to open the public hearing on the following zoning case: Case No. 0907-02, Shoreline Oaks, Inc.: A change of zoning from a "T -1B" Manufactured Home Park District to a "R -1C" One -family Dwelling District on property described as 46.502 acres out of Lots 7, 8, and 9, Section 40, Flour Bluff and Encinal Farm and Garden Tracts, located approximately 1,100 feet west of the intersection of Flour Bluff Drive and Purdue Road. City Secretary Chapa stated that the Planning Commission recommended approval of the "l _1 C" One -family Dwelling District (for original request of 46.502 acres). City Secretary Chapa stated that the Planning staff recommended approval of the "R -1C" One -family Dwelling District (for new request of 21.569 acres, which is less than originally requested by applicant). No one appeared in opposition to the zoning change. Mr. Elizondo made a motion to close the public hearing, seconded by Mr. Marez, and passed. In response to Council Member Martinez, City Secretary Chapa stated that council would have to amend the ordinance if they chose to concur with staffs recommendation. Interim Director of Development Services Farye Goode -Macon referred to a powerpoint presentation including the existing land use map for the original request and the revised request by the applicant; the aerial photo; views of the subject property; and the future land use map for the original and revised request. Council members asked questions regarding the difference between the planning commission and staffs recommendation; the developer's concerns to reduce the original acreage; whether staff concurred with the developer; the difference between approving the original request and the revised request; and the type of development. Michael Bridges, 4530 Oso Parkway, said the revised request was made to preserve alteratives for future development. Ms. Martinez made a motion to amend the ordinance to approve staffs recommendation, seconded by Mr. Kelly and passed. Mr. Chapa polled the Council for their votes as follows: 11. ORDINANCE NO. 027466 Amending the Zoning Ordinance, upon application by Shoreline Oaks, Inc., by changing the zoning map in reference to 21.569 acres out of Lots 7 and 8, Section 40, Flour Bluff and Encinal Farm and Garden Tracts, from "T-1 B" Manufactured Home Park District to "R -1C" C" One -family Dwelling 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 as amended with the following vote: Garrett, Elizondo, Rummell, Kelly, Leal, M Cut h n, Marez, and Martinez, voting "Aye"; Cooper was absent. Minutes — Regular Council Meeting October 30, 2007 -- Page Mayor Garrett referred to Item 12 regarding the Corpus Christi Convention and Visitors Bureau (CVB) Quarterly Report. Keith Arnold, CEO of the Convention and Visitors Bureau, referred to a powerpoint presentation including the fiscal year review for 2006-2007; the convention sales and marketing teams; convention sales and tourism/marketing programs and initiatives for 2007- 2008; 0 7- 2oo ; and examples of CVB ad placements. Council Members asked questions regarding the study of nature tourism sites by Ted Eubanks; development of nature trails; year end review for leads and bookings of meetings and conventions; hotel availability; reasons that would prevent the City from not receiving the bid for the U.S. Bowling Congress; and a visitors center on the island. Mayor Garrett referred to Item 13 regarding the Unified Development Code (UDC) Parks Focus Group Final Report and Recommendation. Special Assistant of Development Sen./ices Michael Gunning provided a brief overview of the focus group and its members. Bob Payne, Senior Planner for Development Services, referred to a powerpoint presentation including the existing park dedication requirements; the proposed UDC park dedication requirements; graphs of the 2006 park dedication comparison of existing requirements versus the proposed requirements; an example of the proposed UDC park dedication fees applied to 2006 approved plats; and what other cities do regarding park improvement fees. Council Member Kelly asked questions regarding applying fees on a regional basis; whether the $50 new park development fee is reasonable for requiring or refurnishing a regional park; the amount of money to build a regional park; and staffs recommendation for the park development fees. Sally Gavlik, Director of Parks and Recreation said the initial fee would not generate a lot of revenue and could be reviewed by the Council every three years. Ms. Gavlik stated that a regional park would cost $10-12 million. In response to Mr. Kelly, Ms. Gavlik said staff originally recommended $200 as the park development fee. Mayor Garrett called for a brief recess to present proclamations and listen to public comment. * * * * * * * * * * * * * Mayor Garrett called for petitions from the audience. Mike Hummel', 600 Leopard Street, spoke regarding the appointment made to the Port of Corpus Christi Authority prior to the upcoming Council election. Adele Martinez, 4826 Nesbitt, and Olga Gonzales, 1809 Yale Street, spoke regarding staffing concerns and Site Council issues at Lindale Senior Center. Robert Gonzalez, 3507 Lawnview, spoke regarding the rehiring process for city jobs, James Rome, 218 Chandler Lane; Cornelius Hayes, 225 Oleander; and Kim Seger, 205 Chandler Lane, spoke regarding sewer problems in the Bessar Park Subdivision. Heidi Hovda, Downtown Management District, invited the public to attend the free concert series `Luncheon on the Grass" in La Retama Park on October 31, November 7th and 14th. John Kelly, 3621 Austin, spoke regarding a joint development for interconnecting pedestrian/biking trails as part of the Texas A & M University — Corpus Christi expansion. * * * * * * * * * * * * * Mayor Garrett returned to Item 13 regarding the Unified Development Code (UDC) Parks Focus Group Final Report and Recommendation. Bob Payne, Senior Planner for Development Services, returned to the powerpoint presentation including the renewal community reduced fee; a Minutes — Regular Council Meeting October 30, 2007 — Page 7 renewal community map; park service analysis in renewal community; the parks mater plan analysis; and Planning Commission and the Park Focus Group recommendations, Council members asked questions regarding renewal community fees; the cap on the increase of fees; the review by the Council every three years; staffs recommendation of $200 for the new park development fee; the reason other cities charge the $200 development fee; whether fees can be decreased; accountability of the fees in lieu of land; the Padre Island Investment Corporation agreement and property; wetland protection; and park dedication requirements for Cape Summer Unit 1, Cape Summer Unit 11 and Commodore's Cove Unit 11, Council Member Kelly recommended revising Section l ,G.7,a Park Development Fee, to change the Park Development Fee from $50.00 to $200.00 and deleting the last phrase "butthefee may not be increased by more than 1 O% per three-year period. Council Members Hummell and McCutchon supported the recommendation. Council Member Hummell recommended revising Section IV.O.7.a Park Development Fee, to change the review of the fees by the City Council from once every three-year period to a two-year period, Council Member Kelly supported the recommendation, Mayor Garrett opened discussion on Item 14 regarding an update of the Bayfront Master Plan. Assistant City Manager Massey and Raymond Gignac, Gignac and Associates, provided a presentation including a background of the master plan; the four development options; recommended Option 4; maps and views of the development zones; downtown park themes and concepts; S.E.A. Town signage concepts and wayfinding; Q.E.A. Town streetscape design guidelines; the status of the Bond 2004 Project — Bayfront Park; and the Bond Issue 2004 timeline. Council members asked questions regarding the number of lanes in each direction; partnerships with the Regional Transportation Authority; the location of the Voyage Exhibit; Phase 2 of the project; the original completion date; and possible timeline of construction and estimates for the southern portion of Shoreline Boulevard, Mayor Garrett opened discussion on Item 15 regarding a presentation by the Commission on Children and Youth on a platform for family issues, Director of Parks and Recreation Sally Gavlik explained that the National League of Cities requested that member cities develop a platform on strengthening families and improving the outcomes for children. Ms. Gavlik added that the Commission on Children and Youth developed the City's platform, Dr. Sherri Phillabaum, Chair of the Commission on Children and Youth, referred to a powerpoint presentation including a background and the mission statement of the Commission on Children and Youth; accomplishments of the commission; updating of the master plan; and the five basic components and responses of the platform. Council members asked questions regarding the purpose for a platform; the duties of Youth Opportunities United (YOU); Juvenile Assessment Center funding; the intent of the resolution; accomplishments of YOU; funding for the Social Science Research Center; the response to sustain the Youth Advisory Committee; plan for restructuring of city government; types of funding and amounts; and whether the city funded YOU. Council Member Leal requested information regarding the District 3 representatives on the Youth Advisory Committee. Minutes — Regular Council Meeting October 30, 2007 — Page 8 There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 15. RESOLUTION NO. 027467 Resolution to support the Children, Youth and Family Platform of the National League of Cities and the Corpus Christi Commission n Children and Youth. The foregoing resolution was passed and approved with the following vote: Garrett, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye"; Cooper was absent. Mayor Garrett returned to Item 5 regarding an Arterial Transmission and Grid Main Construction and Reimbursement ent Agreement submitted by Baybreeze Development L.P. Ms. Martinez made a motion to remove Item 5 from the table, seconded by Mr. Kelly and passed. Deputy Director of Development Services Johnny Perales provided an overall layout of the total proposed Ten -a Mar development outlining the limits of the water line reimbursement; the existing master plan; and the preliminary plat for the development. Council Members asked questions regarding the looping of the development. Mr. Perales suggested that the connection of the south valve could be closed causing the line to be inactive. City Secretary Chapa polled the Council for their votes as follows: 5.a. MOTION NO. 2007-282 Motion approving the Arterial Transmission and Grid Main Construction and Reimbursement Agreement submitted by Baybreeze Development, L.P., owner and developer of Los Arboles at Terra Mar Unit 2 located south of Holly Road and east of Rodd Field Road for the installation of 1,240 -linear feet of 12 -inch PVC water grid main. The foregoing motion was passed and approved with the following vote: Garrett, Elizondo, Hummel!, Kelly, Leal, McCutchon, Mare , and Martinez, voting "Aye"; Cooper was absent. 5.b. ORDINANCE NO. 027461 Ordinance appropriating $71,41.71 from the Arterial Transmission and Grid Main Trust Fund No. 540450-21805-4030 to reimburse Baybreeze Development, L.P. for the installation of 1,240 -linear feet of 12 -inch PVC water grid main. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye"; Cooper was absent. Mayor Garrett opened discussion on Item 17 regarding the City Crpus small Business and Support Guidelines and Criteria. Director of Economic Development Irma Caballero gave a brief presentation including introducing the representatives that identified the needs of the small businesses community; the key components of the policy; 10 -key steps to starting a business; Corpus Christi Fund Alliance; Small Business Advocacy Program; Procurement Technical Minutes -- Regular Council Meeting October 30, 2007 — Page 9 Assistance Center; Corpus Christi Economic Development Office; and the Business Resource Listing. Council members asked questions regarding partnerships; whether the policy proposes a small business sales tax; and the tracking of small businesses and contracts. Abel Alonzo, 1701 Thames, thank Ms. Caballero and the committee members involved in developing the policy and spoke regarding the importance of helping local small businesses. City Secretary Chapa polled the Council for their votes as follows: 17. RESOLUTION O NO. 027468 Resolution approving the City of Corpus Christi small Business Support Guidelines and Criteria. The foregoing resolution was passed and approved with the following vote: Garrett, Elizondo, Hummel!, Kelly, Leal, M Cut hon, Marez, and Martinez, voting "Aye"; Cooper was absent. Mayor Garrett opened discussion on Item 18 regarding the selection of a site for the Broadway Wastewater Treatment Plant. Director of Engineering Angel Escobar introduced the presentation team: Director of Wastewater Foster Crowell, and consultants Govind Nadkarni and Dan Leyendecker. Mr. Escobar referred to a powerpoint presentation including the council directive of September 25th; views and a summary of housing demographics for the existing treatment plants and proposed sites; the number of acres owned at the Greenwood site; drive by animation for Flint Hills Site, Citgo Site, Broadway Site, comparison of Flint Hills and Broadway and Citgo and Broadway; updated costs for the directional drilling under the ship Channel —Twin 30" Force Mains; costs for Resaca Lift Station to Greenwood Twin 30" Force Mains; revised matrix; cost comparison; and staff's recommendation. Council members asked questions regarding the delineation of Port property from the Broadway Plant; the direction of the expansion at Greenwood; the reason twin force mains are needed; needed flow for the Broadway plant; utilization of both force mains; alternative to having a second force mail; storage basins; the amount of clay pipe that can be replaced with $10 million; the source of the grade for land geometry; residential breakdown for Broadway; the number of homes impacted north of the Channel; total cost to build north of the Channel; the cost of land north of the Channel; cost comparison; social concerns rating; constructability of the effluent line at Broadway; staffs recommendation; Flint Hills consideration of the neighborhood; condemnation of prpe; determination of the point system; time factor for permitting and construction; permitting factors; impacts to the system for development in the Port and downtown areas; timeframe for building plant on a raw site; possible acquisition of the dredge spoil disposal area or military staging site from the Port; extension of rail on Port land; the quality of the plant; the location of the proposed bridge; when the Port received appropriation on the new rail line; the feasibility of diverting to the Laguna Madre plant; the negative impacts for building at existing site; the Hillcrest neighborhood's position on rebuilding at Broadway; the use of the acres at Cayo de Oso; the cost to put pipelines under the Ship Channel; whether the Port property is for sale; the costs for Site 5; and consideration of a land swap for the Broadway site. Minutes — Regular Council Meeting October 80, 2007 -- Page 10 Mayor Garrett called for comments from the audience. Bill Dun -ill, 210 Del Mar, asked the Council to not look at other alternatives and decide on one of the developed options. Carolyn Moon, 4902 Carvin, spoke in support of the existing Broadway site. Henry Williams, President of the Hillcrest Residents Association, asked the Council to make a decision in the best interest of the neighborhoods and City. He added that the association did not want the new plant at the existing Broadway, Flint Hills or Citgo site and suggested the City take an in-depth look at property north of the Ship Channel. Errol Summerlin, Attorney for the Hillcrest Association, provided information on the delays, increased costs, and planned expansion for Greenwood. He asked staff for the number of acres owned at Greenwood. Daniel Pena, 2813 Hulbirt, spoke regarding cost comparisons and recommended Site No. 8. Mr. Pena asked the Council to slow down the process to review the figures. Craig Brown, Director of Public Affairs for Flint Hills, thanked the Council for being sensitive to the needs of Hillcrest and said the Flint Hills site for the wastewater treatment plant would negatively impact the quality of life for the neighborhood. Mr. Brown also confirmed that Flint Hills would not be willing sellers of their property. Andrew DuArte, 1203 Van Loan, spoke regarding issues of environmental justice and reverse condemnation and asked the Council to make the right decision. Abel Alonzo, 1701 Thames, said that expanding Greenwood would not be effective and asked the Council to make a decision to build where it is more efficient. Gloria McChester, 1 222 Van Loan, provided a history of the Hillcrest area and the changes in the community. Jesse Garcia, 17433 St. Gertudis, said Citgo has worked with the neighborhood and supports the Hillcrest community. John Kelley, 3621 Austin, spoke in support of the transfer to Greenwood and tearing down the Broadway property for economic redevelopment. Council Member Kelly asked Mr. Williams if the Hillcrest neighborhood would support the rebuilding of the Broadway Treatment plant. Mr. Williams said the neighborhood would consider the decision but still asked the Council to consider the area north of the Ship Channel. A motion was made by Ms. Martinez to select the site ranked No. 3, which is the current Broadway Treatment Plant site, for the location of the new wastewater treatment plant and directing staff to work with the Port to discuss other land swap options that would reduce the cost of construction at this location; however should the Port location not be available, the City will continue with the existing location. The motion was seconded by Mr. Marez. City Secretary Chapa announced that Council Member Elizondo would abstain from the discussion and vote of this matter. City Secretary Chapa polled the Council for their votes as follows: 18. MOTION NO. 2007-284 Motion selecting the site ranked No. 3, which is the current Broadway Treatment Plant site, for the location of the new wastewater treatment plant and directing staff to work with the Port to discuss other land swap options that would reduce the cost of construction at this location; however should the Port location not be available, the City will continue with the existing location. The foregoing motion was passed and approved with the following vote: Garrett, Hummel!, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye"; Elizondo abstained; Cooper was absent. Minutes — Regular Council Meeting October 30, 2007 — Page 11 Mayor Garrett called for Council concerns and reports. Council Member McCutchon asked that the schedule for trimming the palm trees along the Causeway (Padre Island) coincide with the trimming on Ocean Drive. Dr. McCutchon recognized his father for retiring after 49 years of private practice. Dr. McCutchon asked for the status on the Water Resources Development Act (WRDA) bill. City Manager Noe said the bill was currently on the President's desk. Dr. McCutchon provided a copy of the City of Galveston's resolution and suggested that the City have a similar policy for trash removal, seaweed control and trash removal. Council Member Hummell said happy birthday to this father. Mr. Hummell reported on the trash in the drainage area near Oso Golf Course. Mr. Hummel! asked staff to research the national program "Rails to Trails" to develop a hike and bike trail along Ennis Jolin and the regional park. Mr. Hummel) recommended a proposal be made to the MPO to see if the money for Holly Road could be redirected for Ocean Drive. Council Member Leal congratulated the students from South Park Middle School for receiving the Texas Education Agency (TEA) Recognition. Ms. Leal asked to review the MPO list to see the priority level for Williams Road between Airline and staples. Ms. Leal thanked Director of Solid Waste Jeff Kaplan for addressing the solid waste problem last week. Ms. Leal also thanked City secretary Armando Chapa and staff for their work. Ms. Leal announced a town hall meeting on Wednesday, November 7th from 6:00 p.m. to 8:00 p.m. at South Park Middle School. Mayor Garrett asked questions regarding an agreement with the American Bank Center for the barge dock. City Manager Noe said the City allows the ABC center to manage the parking areas. Council Member Martinez thanked City Manager Noe for following up on the bat issue at the Selena Auditorium. Council Member Kelly thanked Assistant City Manager Ron Massey for his work with the City. Council Member Elizondo thanked Assistant City Manager Margie Rose for the efforts at the Bill Witt Complex. Council Member Marez reported on high weeds and grass on Louisiana Parkway. Mr. Marez thanked Mr. Massey for his service to the City and wished him good luck on his new position. There being no further business to come before the Council, Mayor Garrett adjourned the Council meeting at 6:43 p.m. on October 30, 2007. * * * * * * * * * * * * *