HomeMy WebLinkAboutMinutes City Council - 04/13/2010MINUTES
CITY OF CORPUS CHRISTI, TEXAS
Regular Council Meeting
April 13, 2010 - 12:00 p.m.
PRESENT
Mayor Joe Adame
Mayor Pro Tem Chris N. Adler
Council Members:
Brent Chesney
Larry Elizondo, Sr.
Kevin Kieschnick
Priscilla Leal
John Marez
Nelda Martinez
Mark Scott
City Staff:
City Manager Angel R. Escobar
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 Reverend Henry Williams with Corpus Christi Christian
Fellowship Church and the Pledge of Allegiance to the United States flag was led by Council
Member Mark Scott.
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 March 30,
2010. A motion was made and passed to approve the minutes as presented.
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Mayor Adame referred to Item 2 and the following board appointments were made:
Airport Board
Jesse Olivares (Reappointed)
Rosie Colin (Appointed)
William McCord (Appointed)
Adam Nuse (Appointed)
Jeffrey Kane (Appointed)
Donald M. Feferman (Advisory)
Food Service Advisory Committee
Anthony Hernandez (Appointed)
Transportation Advisory Committee
Eloy Barrera Soza (Reappointed)
Anthony E. Colosi (Appointed)
Robert Jacobi (Appointed)
Chase Carlisle (Appointed)
Board of Adiustment
Dan Winship (Reappointed)
R. Bryan Johnson (Reappointed)
Ben Molina (Reappointed)
Morgan Spear (Reappointed)
Thomas McDonald (Reappointed, Alternate Member)
Carl Hellums (Appointed)
John Douglas McMullan (Appointed, Alternate Member)
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INDEXED
Minutes — Regular Council Meeting
April 13, 2010 — Page 2
Mayor Adame called for consideration of the consent agenda (Items 3 - 17). There were no
comments from the public. Council members requested that Items 7, 9, 14 and 15 be pulled for
individual consideration. City Secretary Chapa polled the Council for their votes as follows:
3. MOTION NO. 2010-070
Motion approving the purchase of two (2) mini -track excavators and two (2) trenching
machines from the following companies for the following amounts for a total amount of
$156,857.52. The award is based on the Cooperative Purchasing Agreement with the
Texas Local Government Cooperative (TLGPC). All units are replacements to the fleet and
will be used by the Gas Department. Funds are available in the Capital Outlay Budget of the
Maintenance Services Fund.
John Deere Construction
Retail Sales
Moline, Illinois
Line Item: 1
Mini -track excavators
$56,627.52
Vermeer Equipment of Texas,
Inc.
Round Rock, Texas
Line Item: 2
Trenching Machines
$100,230.00
Grand Total: $156,857.52
The foregoing motion was passed and approved with the following vote: Adame, Adler,
Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye".
4. MOTION NO. 2010-071
Motion approving a supply agreement with Pencco, Inc., of San Felipe, Texas for
approximately 300,000 gallons of ferrous sulfate in accordance with Bid Invitation No. BI -
0107 -10 based on only bid for an estimated twelve-month expenditure of $273,270 of which
$68,317.50 is required for the remainder of FY 2009-2010. 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 Wastewater Department in FY 2009-2010.
The foregoing motion was passed and approved with the following vote: Adame, Adler,
Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye".
5. MOTION NO. 2010-072
Motion approving a supply agreement with Altivia Corporation, of Houston, Texas for
approximately 448,100 pounds of sodium hypochlorite solution in accordance with Bid
Invitation No. BI -0064-10, based on low bid for an estimated six month expenditure of
$223,236.40 of which $111,618.20 is required for the remainder ofFY2009-2010. The term
of the contract will be for six months with an option to extend for up to five additional six
month periods subject to the approval of the supplier and the City Manager or his designee.
Funds have been budgeted by the Wastewater Department in FY 2009-2010.
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
April 13, 2010 — Page 3
6. MOTION NO. 2010-073
Motion approving a service agreement with Star Operations, Inc., of Corpus Christi, Texas
for highway and roadway lighting maintenance and repair in accordance with Bid Invitation
No. BI -0122-10 based on low bid for an estimated twelve-month expenditure of $354,688.
The term of the service 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 service provider and the
City Manager or his designee. Funds are available in the General Fund in FY 2009-2010.
The foregoing motion was passed and approved with the following vote: Adame, Adler,
Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye".
8. ORDINANCE NO. 028542
Ordinance appropriating $575,000 from the proceeds of a loan from the Corpus Christi
Housing Finance Corporation in the No. 1020 General Fund in connection with financing the
acquisition and renovation of the parking lot located adjacent to the Ward Building at the
corner of Chaparral Street and Schatzel Street; and changing the FY 2009-2010 Operating
Budget adopted by Ordinance No. 028252 by increasing expenditures by $575,000.
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".
10. RESOLUTION NO. 028544
Resolution approving a small business incentive agreement between the Corpus Christi
Business and Job Development Corporation and Coastal Bend Workforce Development
Board that provides a grant of up to $12,760 for Workforce Solutions' Small Business
Employer Intern Program and authorizing the City Manager, or designee, to execute a Small
Business Incentive Project Support Agreement with the Corpus Christi Business and Job
Development Corporation regarding implementation and administration of the Coastal Bend
Workforce Development Board small business incentive agreement.
The foregoing resolution was passed and approved with the following vote: Adame, Adler,
Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye".
11.a. RESOLUTION NO. 028545
Resolution authorizing the City Manager or his designee to execute all documents necessary
to accept a $775,611 grant awarded by the Area Agency on Aging of the Coastal Bend for
the FY 2010 Senior Community Services, Elderly Nutrition Program.
The foregoing resolution was passed and approved with the following vote: Adame, Adler,
Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye".
11.b. ORDINANCE NO. 028546
Ordinance appropriating a $775,611 grant from the Area Agency on Aging of the Coastal
Bend in the No.1067 Parks and Recreation grants fund for the FY 2010 Senior Community
Services, Elderly Nutrition Program.
Minutes — Regular Council Meeting
April 13, 2010 — Page 4
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.c. RESOLUTION NO. 028547
Resolution authorizing the City Manager or his designee to execute all documents necessary
to accept a $261,751 grant awarded by the Texas Department of Aging and Disability
Services for the FY 2010 Senior Community Services, Title XX Meals on Wheels Program.
The foregoing resolution was passed and approved with the following vote: Adame, Adler,
Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye".
11.d. ORDINANCE NO. 028548
Ordinance appropriating a $261,751 grant from the Texas Department of Aging and
Disability Services in the No. 1067 Parks and Recreation grants fund for the FY2010 Senior
Community Services, Title XX Meals on Wheels 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".
12. RESOLUTION NO. 028549
Resolution authorizing the City Manager or his designee to submit a grant application to
Texas Department of Agriculture for a Summer Food Program Grant in the amount of
$249,802 to operate a Summer Food Service Program for summer recreation program
participants ages one to eighteen years.
The foregoing resolution was passed and approved with the following vote: Adame, Adler,
Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye".
13. MOTION NO. 2010-074
Motion authorizing the City Manager, or his designee, to execute a Contract for Professional
Services with Bass and Welsh Engineering of Corpus Christi, Texas in the amount of
$93,400 for preliminary design, design, bidding and construction phase services and
additional services for Charles Drive Improvements, Leopard Street to Maple Leaf Drive.
(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".
16. RESOLUTION NO. 028550
Resolution authorizing the City of Corpus Christi, by and through the City Manager or his
designee, to participate in the Interlocal Governmental Cooperative Purchasing Programs of
the Region VIII Education Service Center, including the Interlocal Purchasing System (TIPS)
Program; and authorizing the City Manager or his designee to execute an Interlocal
Government Agreement (and all related documents necessary) for program participation.
Minutes — Regular Council Meeting
April 13, 2010 — Page 5
The foregoing resolution was passed and approved with the following vote: Adame, Adler,
Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye".
17. RESOLUTION NO. 028551
Resolution determining a public necessity to acquire fee simple title (to the surface estate
only) for the County Road 52 — US 77 to CR 69 Street Project (#6471) to two tracts of land
known as Parcels 10 and 11 [(1) Parcel 10 being a 0.239 -acre (10,410.8 sf) tract of vacant
land out of Lot 10, Block 1, of the Nueces River Irrigation Park, as shown on plat recorded in
Vol. A, p. 54, Map Records of Nueces County, TX— Steven R. Hook (owner); and (2) Parcel
11 being a 0.812 -acre (35,369.8 sf) tract of vacant land out of Lot 9, Block 1, of the Nueces
River Irrigation Park, as shown on plat recorded in Vol. A, p. 54, Map Records of Nueces
County, TX — the Estate of Albert F. Stuchly, et al (owner)], for the public purpose, use and
construction of street improvements and for other related public, street, and drainage
purposes; and authorizing the City Manager and the City Attorney to acquire the subject
parcels by means of negotiations or by exercise of the City's power of eminent domain.
(BOND ISSUE 2008)
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 the Selena Auditorium building and
American Bank Center. Council Member Martinez asked whether the City had a "rainy day fund" for
improvements to facilities. Assistant Director of Engineering Services Kevin Stowers said that the
City does have a "rainy day fund" for building maintenance and vehicle reserve; however, he did not
have information on the balance of that fund. Ms. Martinez requested that staff provide a memo to
the Council on the status of this fund. Council Member Leal requested an explanation of this fund
and asked if these funds could be used for the Memorial Coliseum. Mr. Stowers explained that the
Maintenance Services Fund has accumulated a building maintenance reserve for unanticipated
repairs to City facilities that were not directly budgeted. Mr. Stowers added that there were not
enough funds available to improve the Memorial Coliseum. In response to Ms. Leal, Assistant City
Manager Oscar Martinez stated that the Council has been informed of the development of this fund
in Maintenance Services to help pay for the cost of building maintenance needs.
City Secretary Chapa polled the Council for their votes as follows:
7. ORDINANCE NO. 028541
Ordinance approving the transfer of $60,858 from the Maintenance Services Fund No. 5110
to and appropriating in the Visitors Facilities Fund No. 4710 for water damage repairs to the
Selena Auditorium building at the American Bank Center; changing the FY 2009-2010
Operating Budget adopted by Ordinance No. 028252 to increase appropriations and
revenues by $60,858 each.
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".
MayorAdame opened discussion on Item 9 regarding legislative changes as recommended
by the South Texas Aggregation Project, Inc. (STAP). Council Member Martinez asked for an
explanation on this item. First Assistant City Attorney Jay Reining stated that this item is a resolution
for action on legislative priorities endorsed by STAP. In response to Council Member Martinez, Mr.
Reining reported that staff has reviewed the recommendations and support approval of this item.
Minutes — Regular Council Meeting
April 13, 2010 — Page 6
Council Member Martinez asked for an update on the legislative priorities and requested that future
STAP items be placed on the regular agenda for further discussion. City Secretary Chapa polled the
Council for their votes as follows:
9. RESOLUTION NO. 028543
Resolution endorsing certain legislative changes, as recommended by the South Texas
Aggregation Project, Inc. (STAP), relating to the Sunset Review of the Texas Public Utility
Commission and the Special Purpose Review of the Electric Reliability Council of Texas.
The foregoing resolution 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 14 regarding the Padre Island Elevated Storage
Tank. Council Member Adler expressed concerning regarding the cost of the change order; the total
project costs; and the reason it is taking so long to complete this project. Director of Engineering
Services Pete Anaya explained that additional issues regarding water quality arose during the
hydraulic analysis by the Water Department. Mr. Anaya stated that this change order will safeguard
the water; boost capacity; and provide direct data communication between the tower and the Sand
Dollar Pump Station. Council Member Scott spoke regarding the engineering fees for the Water
System Interactive Hydraulic Model and Analysis that included the Padre Island Elevated Storage
Tank project as part of the model. Council Member Chesney requested that staff provide the actual
costs for only the Padre Island Elevated Storage Tank before the end of today's meeting. City
Secretary Chapa polled the Council for their votes as follows:
14. MOTION NO. 2010-075
Motion authorizing the City Manager, or his designee, to execute Change Order No. 3 to the
construction contract with Landmark Structures I, L.P., of Fort Worth, Texas in the amount of
$400,139.08 for a total restated fee of $3,803,480.92, for Padre Island Elevated Storage
Tank (1.5 MG) Part A Project for additional sleeves in the pedestal wall, Supervisory Control
and Data Acquisition (SCADA), electrical and piping modifications. (Water CIP 2010)
The foregoing motion was passed and approved with the following vote: Adame, Adler,
Chesney, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye"; Elizondo was absent.
Mayor Adame opened discussion on Item 15 regarding the Police Department building
elevators. Council Member Leal asked if the elevator system was a brand new system. Assistant
Director of Engineering Services Kevin Stowers explained that the cab is being reused and this
change order will provide for new equipment and new cab interior. Council Member Leal stressed
the importance of maintaining public buildings. Ms. Leal requested an update on the officer injured
over the weekend and a presentation on the Corpus Christi Police Officers Association (CCPOA)
negotiations. City Secretary Chapa polled the Council for their votes as follows:
15. MOTION NO. 2010-076
Motion authorizing the City Manager or his designee to execute Change Order No. 1 to the
construction contract with KJM Commercial of Corpus Christi, Texas in the amount of
$83,090 for a restated not to exceed contract price of $550,090 for the Police Department
Building Elevators, Phase 1, to install new cab interiors, new access control card readers
and an HVAC unit. (BOND ISSUE 2008)
Minutes — Regular Council Meeting
April 13, 2010 — Page 7
The foregoing motion was passed and approved with the following vote: Adame, Adler,
Chesney, Elizondo, Kieschnick, Leal, and Martinez, voting "Aye"; Marez and Scott were
absent.
* * * * * * * * * * * * *
Mayor Adame announced the executive sessions, which were listed on the agenda as
follows:
18. Executive Session under Texas Government Code Section 551.071 regarding American GI
Forum vs. City of Corpus Christi, Texas Cause No. 10-60455-4, in the County Court at Law
Number 4, Nueces County, with possible discussion and action in open session.
19. Executive Session under Texas Government Code Section 551.071 regarding Friends of the
Coliseum vs. City of Corpus Christi, Texas Cause No. 10-000769, in the 2501 District Court,
Travis County, with possible discussion and action in open session.
The Council went into executive session. The Council returned from executive session.
Mayor Adame advised the public that the two executive sessions held were informational only and
that no action was taken or will be taken in open session regarding either item.
************
Mayor Adame opened discussion on Items 23 and 24 regarding the 2010 Buccaneer Days
Festival. Barry Box, Executive Director of the Buccaneer Commission, reported on the changes
made by the Buccaneer Commission to react to the difficult economic times and commended city
staff on their work to reduce costs and cut expenses. Tricia Perrone, Sponsorship & Promotions
Manager, spoke regarding the Are We Ready message; embracing the pirate heritage; making the
festival more accessible; the reduced prices; additional and increased entertainment; the Pro
Rodeo; and the agreement with Daisy Charter and Shuttle to provide free access rides to the
community to get to the events. Mr. Box referred to an events site map that detailed the location of
the various Buccaneer Days activities. Mr. Box also reported that this year the Buccaneer
Commission added the Buccaneer Days King competition.
There were no comments from the audience. City Secretary Chapa polled the Council for
their votes as follows:
23.a. ORDINANCE NO. 028554
Ordinance authorizing the City Manager or his designee to execute a lease agreement with
the Buccaneer Commission, Inc. ("Commission") for 2010 Buccaneer Days Festival and
related activities to allow use of City property bounded by Resaca Street to Palo Alto Street
and Shoreline Blvd. and N. Chaparral Street, up to and including Barge Dock area; during
April 22 through May 2, 2010, providing for Commission paying 50% police overtime and
100% of all other City costs and fees.
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
April 13, 2010 — Page 8
23.b. MOTION NO. 2010-077
Motion approving a $2.00 admission fee and/or $3.00 for adults (depending on date) and
$2.00 per day for seniors, children under the age of 17, and persons with disabilities for
Buccaneer Days Festival from April 22, 2010 through May 2, 2010.
The foregoing motion was passed and approved with the following vote: Adame, Adler,
Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye".
24. MOTION NO. 2010-078
Motion approving the following temporary street closures, beginning at 8:00 a.m. on Friday,
April 16, 2010 and ending at 5:00 p.m. on Wednesday, May 5, 2010, unless otherwise
noted, for the Buccaneer Days BBQ Challenge, Rodeo Festival and Carnival event.
a. Resaca Street, between Chaparral Street and Shoreline Boulevard;
b. Fitzgerald Street, between the Chaparral Street and Shoreline Boulevard;
c. Palo Alto Street, between the Chaparral Street and Shoreline Boulevard;
d. Water Street, between Power Street and Resaca Street;
e. Shoreline Boulevard, between Power Street and the Art Museum of South Texas,
including the Barge Dock;
f. Fitzgerald Street, between North Broadway Street and Mesquite Street, ending at 9:00
p.m. on Monday, April 26, 2010; and
g.
North Broadway Street (including under US 181 Harbor Bridge), between Fitzgerald
Street and Brewster Street, ending at 9:00 p.m. on Monday, April 26, 2010, this right of
way is under the jurisdiction of the Texas Department of Transportation (TxDOT) and will
be closed by City in cooperation with TxDOT.
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 referred to Item 22, and a motion was made, seconded and passed to open
the public hearing on the FY2010 Consolidated Annual Action Plan:
22.a. Public hearing regarding the City of Corpus Christi's proposed FY2010 Consolidated Annual
Action Plan (CAAP) for the Community Development Block Grant (CDBG), HOME
Investment Partnerships (HOME) and Emergency Shelter Grants (ESG) Programs.
Director of Neighborhood Services Eddie Ortega referred to a powerpoint presentation
including a general background of the citizen participation process, the CDBG program, HOME
program, and ESG program; FY2010 funding; additional funds; total funds available; and staff
recommendations as noted in Attachment "D".
Minutes — Regular Council Meeting
April 13, 2010 — Page 9
MayorAdame opened discussion on CDBG projects 1 —44. No one appeared in opposition
to the staffs recommendations for the CDBG programs.
The following topics pertaining to this item were discussed: an explanation of the breakdown
in funding for the CDBG-Single Family Rehabilitation Program; the difference between the CDBG-
Single Family Rehabilitation Program and the CDBG-Demolition Program; reinvesting funds to
maintain current City public buildings; improvements needed to the parking lot for the Lindale Senior
Center; the entity responsible for improving the electrical wiring at the Solomon Coles Building; the
percentage recommended for administration; the reason for the recommended increase from
current funding for CDBG-Rehabilitation Services; the amount of funding that would be allocated for
repair and staff salaries for CDBG-Rehabilitation Services; whether staff has informed the private
sector of the needs of the non-profit organizations and requested help for funding; and available
reprogrammed funds.
Mr. Marez made a motion directing staff to reallocate $150,000 from city projects to CDBG-
Lindale Senior Center with an alternative to list the CDBG-Lindale Senior Center parking lot as a
priority for reprogrammed funds if no funding is available. The motion was seconded Ms. Martinez.
The foregoing motion was passed and approved with the following vote: Adame, Adler,
Chesney, Elizondo, Leal, Marez, Martinez, and Scott, voting "Aye"; Kieschnick voting "No".
MayorAdame opened discussion on ESG projects 1 —12. No one appeared in opposition to
the staff's recommendations for the ESG programs. City Secretary Chapa announced that Council
Member Marez would abstain on the vote as it relates to the Ark Assessment Center and
Emergency Shelter for Youth funding.
Ms. Martinez made a motion to accept the ESG allocation as recommended. 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". (Note: Marez
abstained on the vote on the portion of the motion relating the Ark Assessment Center and
Emergency Shelter for Youth.)
Mayor Adame opened discussion on HOME projects 1— 5. No one appeared in opposition to
the staffs recommendations for the HOME programs. City Secretary Chapa announced that Council
Member Leal would abstain on the vote as it relates to the Nueces County Community Action
Agency.
Mr. Elizondo made a motion to accept the HOME allocation as recommended. The motion
was seconded by Mr. Scott.
The foregoing motion was passed and approved with the following vote: Adame, Adler,
Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye". (Note: Leal
abstained on the vote on the portion of the motion relating to the Nueces County Community
Action Agency.)
Mr. Elizondo made a motion to close the public hearing, seconded by Mr. Martinez , and
passed.
* * * * * * * * * * * *
Minutes — Regular Council Meeting
April 13, 2010 — Page 10
Mayor Adame announced that he would abstain from the discussion and vote on Item 25.
Mayor Pro Tem Adler opened discussion on Item 25 regarding the development and red -
development of an area in the vicinity of the American Bank Center. Council Member Leal spoke
regarding a letter received by United States District Court Judge of the United States District Court
Janis Jack regarding concern for the development area. Council Member Scott stated that he and
Joe Esch with Wallace Bajjalli Development Partners met with Judge Jack to address her concerns
and informed her of their commitment to keeping her informed on the discussions regarding the
development area.
Assistant City Manager of Engineering and Development Services Johnny Perales explained
that this item is a resolution declaring the City's interest in investigating the feasibility of a public-
private partnership to develop an area in the vicinity of the American Bank Center. Mr. Perales
provided a brief overview on the background; the appointment of the Stakeholder Taskforce; and the
composition and duties of the Stakeholders Taskforce. Mr. Esch was available to respond to
questions.
The following topics pertaining to this item were discussed: whether there will be a
representative on the taskforce from Wallace Bajjalli; the appointments of Judy Hawley and Mike
Carrell to serve as representatives for the Port; asking Mayor Pro Tem Adler to encourage the Port
to sign a resolution of interest; who would be responsible for calling meetings of the Stakeholders
Taskforce; concerns with the number of representatives for a majority vote; and the
recommendation of an additional representative to the Stakeholders Taskforce.
Ms. Martinez made a motion to amend the the Stakeholders Taskforce to not more than 7
members with one At Large member. The motion was seconded by Ms. Leal. City Secretary Chapa
polled the Council for their votes as follows:
The foregoing motion was passed and approved with the following vote: Adler, Chesney,
Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye"; Adame abstained.
City Secretary Chapa polled the Council for their votes as follows:
25. RESOLUTION NO. 028555
Resolution declaring the City of Corpus Christi's interest in investigating the feasibility of a
Public -Private partnership to develop and re -develop an area in the vicinity of the American
Bank Center.
The foregoing resolution was passed and approved as amended with the following vote:
Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye"; Adame
abstained.
************
Mayor Adame referred to Item 20, and a motion was made, seconded and passed to open
the public hearing on the following zoning case:
Case No. 0310-01, Mostafa Bighamian and Morteza Shafinury: A change of zoning from the
"R-1 B" One -Family Dwelling District to the "B-4" General Business District resulting in a
change of land use from Vacant Land to Commercial Shopping Center use on property
described as a 4.56 acre tract of land located in the Bass Subdivision, Block 27, Lots K, L,
M, N, and Block 28, Lot 0, generally located north of Saratoga Boulevard, northwest of
Minutes — Regular Council Meeting
April 13, 2010 — Page 11
Summer Ridge Drive, approximately 1,360 feet southeast of Airline Road, at6902 Saratoga
Boulevard.
Assistant Director of Development Services Faryce Goode -Macon referred to a powerpoint
presentation including the 2009 aerial photo; the zoning map; the existing land use map; the
allowable uses for "R-1 B" and "B-4" districts; views of the subject property; the future land use map;
and department comments. Ms. Macon stated that the Planning Commission and staff
recommended approval of the "B-4" General Business District.
No one appeared in opposition to the zoning change. Mr. Chesney made a motion to close
the public hearing, seconded by Ms. Martinez, and passed. Mr. Chapa polled the Council for their
votes as follows:
20. ORDINANCE NO. 028552
Amending the Zoning Ordinance, upon application by Mostafa Bighamian and Morteza
Shafinury, by changing the Zoning Map in reference to a 4.56 acre tract of land located in
the Bass Subdivision, Block 27, Lots K, L, M, N, and Block 28, Lot 0, from "R-1 B" One -
family Dwelling District to "B-4" General Business District; amending the Comprehensive
Plan to account for any deviations from the existing Comprehensive Plan; providing a
repealer clause; providing a penalty; and providing for publication.
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, and Martinez,
voting "Aye"; Scott was absent.
Mayor Adame referred to Item 21, and a motion was made, seconded and passed to open
the public hearing on the following zoning case:
Case No. 0310-03, Ron Peck: A change of zoning from the "B-5" Primary Business District
to the "1-2" Light Industrial District resulting in a change of land use from Commercial Vacant
Building to Auto and Motorcycle Repair and Paint use on property described as a 0.52 acre
tract of land located in South Bluff, Block 12, Lots 6 through 8, generally located on the
south side of Kinney Street, west of South Carrizo Street, and east of King Street, at 923
Kinney Street.
Assistant Director of Development Services Faryce Goode -Macon referred to a powerpoint
presentation including the 2009 aerial photo; the zoning map; the existing land use map; the
allowable uses for "B-5" and "1-2" districts; views of the subject property; the future land use map;
department comments; and the ownership notification map. Ms. Macon stated that the Planning
Commission and staff recommended denial of the "1-2" Light Industrial District in lieu thereof
approval of a "B-5/SP" Primary Business District with a Special Permit, subject to a Site Plan and six
(6) conditions.
Mayor Adame called for comments from the audience. Dr. James Mobley, Regional Health
Awareness Board, asked that monitoring be conducted to make sure there are no effects from the
paint on the local day care center. Ron Peck, applicant, responded to Dr. Mobley's concerns and
stated that the paint exceeds all recommendations for toxins.
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
April 13, 2010 — Page 12
21. ORDINANCE NO. 028553
Amending the Zoning Ordinance, upon application by Ron Peck, by changing the Zoning
Map in reference to a 0.52 acre tract of land located in South Bluff, Block 12, Lots 6 through
8, from "B-5" Primary Business District to "B-5/SP" Primary Business District with a Special
Permit to allow for auto and motorcycle repair and paint use, subject to a Site Plan and six
(6) conditions; amending the Comprehensive Plan to account for any deviations from the
existing Comprehensive Plan; providing a repealer clause; providing a penalty; and providing
for publication.
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, and Martinez,
voting "Aye"; Scott was absent.
************
Mayor Adame opened discussion on Item 26 regarding a request for extension of a Special
Permit for Case No. 0309-01, Ross and Judith Sisson. Assistant Director of Development Services
Faryce Goode -Macon stated that the applicant is requesting a time extension for the special permit
due to extensive rain conditions that have not allowed her to perform the required improvements to
comply with the conditions for her property. Ms. Macon referred to a powerpoint presentation
including a 2009 aerial photograph; the ownership map; the existing land use map; views of the
subject property; department comments; citations issued; findings from the site visits from the
Planning Division and Animal Control Departments; and staff's recommendation. Animal Control
Manager Kelli Copeland and Assistant City Attorney Deborah Brown were available to respond to
questions.
Judith Sisson, applicant, explained that during the time period for the Special Permit, she
was busy acquiring funding to comply with the conditions for the property. Ms. Sisson added that
construction was delayed due to bad weather conditions. Ms. Sisson clarified that she requested a
180 -day extension for the special permit.
The following topics pertaining to this item were discussed: when the special permit was
issued; whether a timeframe was indicated by the applicant regarding the financial ability to pay for
the repairs; the weather conditions for the year; whether Animal Control has offered guidance to
assist the applicant with compliance; how long the applicant would need to comply to the standard
conditions; whether the applicant could provide information and a timeframe for completion from the
contractors; if the applicant has the financing and construction estimates to bring the property into
compliance; the number of conditions that still need to be met; and whether a permit will be needed
to replace the septic system.
Ms. Martinez made a motion to approve the request for a 180 -day extension. The motion
was seconded by Mr. Kieschnick.
City Secretary Chapa polled the Council for their votes as follows:
26. MOTION NO. 2010-079
Motion to approve a request for a 180 -day time extension of a Special Permit, to October 11,
2010, to allow for a pet grooming and boarding business, small dog and cat rescue shelter,
and dog service and therapy/training facility, on property located at the southwest corner of
Gadwell Street and Laguna Shores Road, in Case No. 0309-01, Ross and Judith Sisson.
Minutes — Regular Council Meeting
April 13, 2010 — Page 13
The foregoing motion was passed and approved with the following vote: Adame, Adler,
Chesney, Elizondo, Kieschnick, Leal, Marez, and Martinez, voting "Aye"; Scott voting "No".
*************
Mayor Adame called for petitions from the audience. Rosie Collin, Executive Director with
City of Ingleside Implementation Local Redevelopment Authority (LRA), expressed appreciation to
the Council and the City of Corpus Christi for becoming regional partners with the City of Ingleside.
Ms. Collin also thanked the Council for her appointment to the Airport Board. Foster Edwards,
CEO/President of the Corpus Christi Chamber of Commerce thanked the Council for Bayfront Park
located at the north end of Shoreline Drive. Mr. Edwards invited the Council to the following
Chamber events: Burgers by the Bay on May 7th; CC to DC trip May 3 -5th; and the luncheon hosting
Texas Speaker of the House Joe Straus. Wilson Wakefield, 6026 Killarmet, spoke regarding the
Mary Rhodes Pipeline and in opposition to the Las Brisas Plant. Rachel Griffith, Greater Corpus
Christi Hospitality Association, spoke regarding the Association's support of the immediate
demolition of the Memorial Coliseum and the inclusion of a war memorial in close proximity to the
site. Johnny French, 4417 Carlton, spoke regarding the permit to maintain Packery Channel.
The following individuals spoke regarding the importance of having summer youth programs
and asked the Council to reconsideration cutting funding for these programs: Guy Nicholson, Lead
First Foundation; Amy Lopez, President of the Coastal Bend Alliance for Youth; Veronica Trevino,
Executive Director for Communities in Schools; Gilna Nance, Volunteer Center of the Coastal Bend;
Dr. Ridge Hammons, Coastal Bend Alliance for Youth; Iris Martinez, on behalf of Dr. Gloria Randall
Scott; Albert Fagan; Linda Copalo Rincon, AVANCE Corpus Christi; Linda Hodge Gambrel; and
Abel Alonzo, 1701 Thames. Amy Lopez and Linda Hodge Gambrel also asked for assistance with
funding and promoting the "Parents Guide to Summer Programs".
*************
Mayor Adame referred to Item 27 regarding an update of the activity of the Regional Health
Awareness Board. Dr. James Mobley, Chair of the Regional Health Awareness Board, referred to a
powerpoint presentation including history of the board; events since restarting the board; the mission
statement; the goals; the Hillcrest Benzene Study; the Birth Outcomes Study; the South Texas
Colonias; asthma statistics; and the 8 -hour ozone trends. Susan Utley, Program Coordinator, was
available to respond to questions.
The following topics pertaining to this item were discussed: when the final results of the
benzene study will become available; the teenage pregnancy rate and whether the rate has
increased since teen pregnancy has been easier and more accepted; if intervention programs are
done by the Corpus Christi Independent School District (CCISD); the asthma rates for smaller
counties; whether agriculture has an effect on asthma; air quality data; and the improvements to air
quality over the last 15 -years.
*************
Mayor Adame thanked all of the citizens and City employees that participated in the
downtown cleanup.
There being no further business to come before the Council, Mayor Adame adjourned the
Council meeting at 5:11 p.m. on April 13, 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 April 13, 2010, which were approved by the City
Council on April 20, 2010.
WITNESSETH MY HAND AND SEAL, on this the 20th day of April, 2010.
Armando Chapa
City Secretary
SEAL