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HomeMy WebLinkAboutMinutes City Council - 09/14/2010MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting September 14, 2010 - 12:00 p.m. PRESENT Mayor Joe Adame Mayor Pro Tem Brent Chesney Council Members: Chris Adler Larry Elizondo, Sr. Kevin Kieschnick Priscilla Leal John Marez Nelda Martinez Mark Scott City Staff: City Manager Angei R. Escobar City Attorney Carlos Valdez City Secretary Armando Chapa Mayor Adame called the meeting to order in the Council Chambers of City Hall. Council Member Leal requested that a special prayer be given for her mother, Refugia Gonzales, who turned 99 years old an September 13th. The invocation was delivered by Pastor Isidro Pina with Kelsey Memorial United Methodist Church and the Pledge of Allegiance to the United States flag was led by Council Member Marez. City Secretary Chapa called the roll and verified that the necessary quorum of the Council and the required charter officers were present to conduct the meeting. Mayor Adame called for approval of the minutes of the regular Council meetings of August 24, 2010 and August 31, 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: Community Youth Development (78415) Program Steering Committee Fr. Peter Martinez (Reappointed) Belinda Barrera (Reappointed) Jean M. Giegerich (Reappointed) Linda Moyer (Reappointed) Melanee Gonzalez (Appointed) Sandra M. Rivera (Appointed) Norma Solis (Appointed) Museum of Science and History Advisory Committee Thomas Kines (Reappointed) Shannon Madden (Reappointed) Kathy N. Juneau (Reappointed) Jim Moloney (Reappointed) Mona Baen (Appointed) * * * * * * * * * * * * INDEXED . Minutes — Regular Council Meeting September 14, 2010 — Page 2 Mayor Adame called for consideration of the consent agenda (Items 3 - 22). Mr. Abel Alonzo requested that Item 19 be pulled for individual consideration. Council members requested that Items 13, 15, and 18 be pulled for individual consideration. City Secretary Chapa polled the Council for their votes as follows: 3. MOTION NO. 2010-206 Motion approving supply agreements with the following companies for the following amounts in accordance with the Coastal Bend Council of Governments Bid Invitation No. CBCOG-10- 4 for food items which include canned and frozen fruit and vegetables, meats and condiments for an estimated six month expenditure of $181,017.60. The terms of the contracts shall be for six months with options to extend for up to three additional months, subject to the approval of the Coastal Bend Council of Governments, the suppliers, and the City Manager or his designee. Funds are available through the Meals on Wheels and Elderly Nutrition Grants. Ben E. Keith San Antonio, Texas 100 Line Items $64, 052.30 LaBatt Food Service Corpus Christi, Texas 99 Line Items $51,041.58 Performance Food Group Victoria, Texas 60 Line Items $65,923.72 Grand Total: $181,017.60 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. 2010-207 Motion authorizing the purchase of specialized equipment for a total amount of $112,273 utilizing funds from the 2008 Homeland Security Grant awarded to the City of Corpus Christi and budgeted in the Fire Grant Fund No. 1062. The foregoing motion was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye". 5.a. MOTION NO. 2010-208 Motion authorizing the City Manager or his designee to accept a grant in the amount of $247,696 from the U. S. Department of Justice, Bureau of Justice Assistance, for funding eligible under the FY 2010 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Local Solicitation, 50% of the funds to be distributed to Nueces County under an established interlocal agreement and to execute all related documents. The foregoing motion was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye". 5.b. ORDINANCE NO. 028760 Ordinance appropriating $247,696 from the U. S. Department of Justice, Bureau of Justice Assistance in the No. 1061 Police Grant Fund to purchase law enforcement equipment for the Police Department and Nueces County. Minutes — Regular Council Meeting September 14, 2010 — Page 3 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". 6.a. MOTION NO. 2010-209 Motion authorizing the City Manager or his designee to accept funding in the amount of $1,350 from Target for the purchase of equipment to assist the Repeat Offender Program for the Police Department. The foregoing motion was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye". 6.b. ORDINANCE NO. 028761 Ordinance appropriating $1,350 in the General Fund No. 1020 from a grant from Target for the purchase of equipment to assist the Repeat Offender Program for the Police Department; changing the FY 2010-2011 Operating Budget adopted by Ordinance No. 028683 by increasing revenue and expenditures in the General Fund No. 1020 by $1,350 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". 7.a. RESOLUTION NO. 028762 Resolution authorizing the City Manager or his designee to accept a grant of $202,923 from the Texas Department of State Health Services to provide essential public health services 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". 7.b. ORDINANCE NO. 028763 Ordinance appropriating a grant of $202,923 from the Texas Department of State Health Services in the No. 1066 Health Grants Fund to provide essential public health services. 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. MOTION NO. 2010-210 Motion authorizing the City Manager or designee to execute a contract with the Department of State Health Services for the administration of duties performed by the Vital Statistics Unit of the Health Department and for the payment of record fees in the amount of $1.83 per printed record due to the State. 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 September 14, 2010 — Page 4 9.a. RESOLUTION NO. 028764 Resolution authorizing the City Manager or his designee to accept a grant of $5,000 from the Texas Department of State Health Services for supplies to provide flu testing 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". 9.b. ORDINANCE NO. 028765 Ordinance appropriating a grant of $5,000 from the Texas Department of State Health Services in the No. 1066 Health Grants Fund to provide flu testing. 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.a. ORDINANCE NO.028766 Ordinance transferring $104,185 from the No. 1020 General Fund to the No. 1067 Park and Recreation Grant Fund as City matching funds for the Retired Senior Volunteer Program (RSVP); appropriating the $104,185 in the No. 1067 Park and Recreation Grant Fund. 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.b. ORDINANCE NO. 028767 Ordinance transferring $62,415 from the No. 1020 General Fund to the No. 1067 Park and Recreation Grant Fund as City matching funds for the Senior Companion Program (SCP); appropriating the $62,415 in the No. 1067 Park and Recreation Grant Fund. 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.a. RESOLUTION NO. 028768 Resolution authorizing the City Manager or his designee to execute all documents necessary to accept a $46,379 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. 028769 Ordinance appropriating a $46,379 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 September 14, 2010 — Page 5 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.a. RESOLUTION NO. 028770 Resolution authorizing the City Manager or his designee to accept a grant in the amount of $5,000 from the National Recreation and Park Association for the 2010-2011 Take Me Fishing Program 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". 12.b. ORDINANCE NO. 028771 Ordinance appropriating a $5,000 grant from the National Recreation and Park Association in the No. 1067 Parks and Recreation Grant Fund, for the 2010-2011 Take Me Fishing 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". 14. RESOLUTION NO. 028774 Resolution supporting the continuation of the Festival of the Arts to be led by Community supporters. The foregoing resolution was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye". 16. MOTION NO. 2010-212 Motion authorizing the City Manager or his designee to grant a permit to Chaparral Energy, L.L.C. to drill an oil or gas well being State Tract 470 Well No. 8 approximately 3.9 miles west of Mustang Island in Corpus Christi Bay. The foregoing motion was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye". 17, RESOLUTION NO. 028775 Resolution approving the First Amendment to the Small Business Incentive Agreement between the Corpus Christi Business and Job Development Corporation and Del Mar College for the Fastrac® Growth Venture TM Program. The foregoing resolution was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye". Minutes — Regular Council Meeting September 14, 2010 — Page 6 20. MOTION NO. 2010-215 Motion authorizing the City Manager or his designee to execute a Professional Services Contract with the Conrad Blucher Institute, Texas A&M University — Corpus Christi for an amount not to exceed $90,588.00 for Salinity and Freshwater Inflow Monitoring associated with the Rincon Bayou Diversion Project 2010-2011. The foregoing motion was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye". 21. ORDINANCE NO. 028777 Ordinance exempting Vicha Estates, Block 1, Lot 1, a subdivision located south of Yorktown Boulevard and east of Waldron Road, from the payment of the wastewater lot and acreage fees pursuant to Section V.B.6.1) of the Platting Ordinance; requiring the owner/developer 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". 22. ORDINANCE NO. 028778 Ordinance exempting Katherine Estates Subdivision, a subdivision located south of Oso Creek, approximately two miles outside of the city limits, from the payment of Water and Wastewater Lot and Acreage Fees pursuant to Sections V. B.5. k) and V.B.6.I) of the Platting Ordinance; requiring the owner/developer 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". Mayor Adame opened discussion on Item 13 regarding a Weed and Seed Grant for the Corpus Christi South East (Flour Bluff) Weed and Seed Community. Council Member Leal expressed concern with the Site 1 North and Site II West communities not receiving future funding and what is being done in those areas to combat crime. Director of Parks and Recreation Michael Morris reported that the current Weed and Seed program grant for the last five years has been in the Flour Bluff area. Harold Smith, Weed and Seed, explained that the Weed and Seed Program is generally established for a five-year period and the City of Corpus Christi was authorized to have the Weed and Seed Program for over 10 years in both the North and West areas of town. Mr. Smith added that once Weed and Seed has been established for a certain area, the program can not be placed in the previous boundaries. Mr. Smith stated that the programs that were implemented when the Weed and Seed program was in Sites I and 11 are still in place today to help those areas. City Secretary Chapa polled the Council for their votes as follows: 13.a. RESOLUTION NO. 028772 Resolution ratifying the City Manager's execution of documents necessary to accept a Weed and Seed grant in the amount of $157,000 for Corpus Christi South East (Flour Bluff) Weed and Seed Community for the support of the Weed and Seed Program from the U.S. Department of Justice (DOJ). Minutes — Regular Council Meeting September 14, 2010 — Page 7 The foregoing resolution was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez and Scott, voting "Aye". 13.b. ORDINANCE NO. 028773 Ordinance appropriating a $157,000 grant from the U.S. Department of Justice for the support of the Corpus Christi South East (Flour Bluff) Weed and Seed Community FY 2010- 2011 in the Federal/State Grant Fund No. 1067. 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 opened discussion on Item 15 regarding permits to Sabco Operating Company to drill oil and gas wells. Council Member Leal asked questions regarding the entity responsible for enforcing inspections of gas and water wells and the amount of ad valorem taxes collected. Director of Gas Operations Debbie Marroquin explained that the Texas Railroad Commission has jurisdiction during the drilling process and after drilling, the City inspects once a year. Ms. Marroquin reported that the estimated amount of the ad valorem taxes is approximately $75,000 but the amount is dependent on the production from the reservoirs. In response to Council Member Martinez, Construction Superintendent of Gas Jesse Cantu explained that the Texas General Land Office approves the drilling prior to the permit being issued by the Texas Railroad Commission. City Secretary Chapa polled the Council for their votes as follows: 15. MOTION NO. 2010-211 Motion authorizing the City Manager or his designee to grant two permits to Sabco Operating Company to drill oil or gas wells being State Tract 52 Well Nos. 8 and 9 approximately six miles southeast of the Corpus Christi Marina in Corpus Christi Bay. 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 18 regarding an agreement between the Corpus Christi Business and Job Development Corporation and ACCION Texas, Inc. Emily Martinez, Economic Development, reported that staff received a revised copy of the contract with ACCION. Council Member Martinez thanked ACCION for the language included in the contract stating that "the request from the applicant must include a notarized affidavit stating that they have applied for normal financing from a bank, or similar lending institution, and have been denied a loan. In response to Council Member Martinez, Vicki Garza with ACCION stated that the company is regulated by a Board of Directors. Ms. Martinez made a motion to substitute the contract. The motion was seconded by Mr. Elizondo. The foregoing motion was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Leal, Marez, Martinez, and Scott, voting "Aye"; Kieschnick abstained. City Secretary Chapa announced that Council Member Kieschnick would be abstaining from the discussion and vote on this item. City Secretary Chapa polled the Council for their votes as follows: Minutes — Regular Council Meeting September 14, 2010 — Page 8 18. RESOLUTION NO. 028776 Resolution approving a Small Business Incentives Agreement between the Corpus Christi Business and Job Development Corporation and Accion Texas, Inc., which provides grants of up to $400,000, for the Interest Buy -Down and Grant Programs for Small Businesses and authorizing the City Manager or his designee to execute a Small Business Incentive Project Support Agreement with the Corpus Christi Business and Job Development Corporation regarding implementation and administration of theAccion Texas Small Business Incentives Agreement. The foregoing resolution was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Leal, Marez, Martinez, and Scott, voting "Aye"; Kieschnick abstained. Mayor Adame opened discussion on Item 19 regarding Street Overlays Groups 1 and 2. Abel Alonzo, Chairman of the Committee for Persons with Disabilities, thanked City Manager Escobar and Director of Engineering Pete Anaya for the work accomplished for overlaying streets and sidewalks. Council Member Adler stated that the City needs to find a better ways to address repairs of potholes. Mayor Adame provided a status report on the street maintenance task force. In response to Council Member Leal, Mr. Anaya provided an explanation of the overlay process. City Secretary Chapa polled the Council for their votes as follows: 19.a. MOTION NO. 2010-213 Motion authorizing the City Manager or his designee to execute Change Order No. 11 with Bay, Ltd. of Corpus Christi, Texas in the amount of $244,759.47 for a total restated fee of $3,417,085.23 for Street Overlays Group 1. (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". 19.b. MOTION NO. 2010-214 Motion authorizing the City Manager or his designee to execute Change Order No. 8 with Haas -Anderson Construction, Ltd. of Corpus Christi, Texas in the amount of $130,488.52 for a total restated fee of $1,963,234.43 for Street Overlays Group 2. (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 announced the executive sessions, which were listed on the agenda as follows: 23. Executive session under Texas Government Code Section 551.072 to deliberate the purchase of real property, since the deliberation in an open meeting would have a detrimental effect on the position of the governmental body in negotiations with a third person. Minutes — Regular Council Meeting September 14, 2010 — Page 9 24. Executive Session under Texas Government Code Section 551.071 Consultation with Attorney, regarding Time Warner Cable franchise provisions regarding public education and government access channels, with possible discussion and action in open session. 25. Executive Session under Texas Government Code Section 551.072 to deliberate the lease of golf course properties, since the deliberation in open session would have a detrimental effect on the position of the governmental body in negotiations with a third person. 25.1. Executive Session under Texas Government Code Section 551.0171 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. Mayor Adame advised the public that Items 23, 25, and 25.1. were informational only and no action was taken or will be taken in open session. The following motion was passed with the following vote: 24. MOTION NO. 2010-216 Motion to authorize the City Manager or designee to execute agreement to participate in a coalition with other Texas cities which includes the hiring of the law firm of Miller and Van Eaton of Washington D.C., to oppose the plan by Time Warner Cable to digitalize local public, education and government access channels, with City's cost not to exceed $10,000 subject to certification of funds, and subject to ability of City to withdraw from the agreement when deemed appropriate by the City Attorney. 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 32 regarding a lease agreement with Corpus Christi Developments 1, LLC. Director of Aviation Fred Segundo introduced the presentation team including Assistant Director of Aviation Enrique Castillo, Development Manager for Jones Development Nick Jones, and Senior Manager for FedEx Ground Facility Jake Harris. Mr. Segundo explained that this ordinance authorizes the execution of a ground agreement for a 30 year lease, with two (2) ten-year options to renew, to allow for the development of a built to suit ground package distribution center at the International Business Center. Mr. Segundo referred to a powerpoint presentation including the location of the International Business Center; the development of the build -to -suit facility; and future land development. Council Member Marez spoke in support of the project. Council Member Scott thanked Corpus Christi Development for their interest in Corpus Christi and the commitment to invest in the City. In response to Mr. Scott, Mr. Segundo explained that a proposal has been submitted to the Coast Guard for development and staff is uncertain when the time period for approval of that project. Council Member Leal thanked the presentation team and stated that she looks forward to the potential job creation from this project. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: Minutes — Regular Council Meeting September 14, 2010 — Page 10 32. FIRST READING ORDINANCE Authorizing the City Manager, or his designee, to execute a thirty-year lease with Corpus Christi Developments 1, LLC, doing business as Corpus Christi FXG, LLC ("Lessee"), with two ten-year options to renew, for approximately 356,320 square feet fronting Pinson Drive (Industrial Park) to construct a distribution facility and related improvements, in consideration of Lessee, paying $.09 cents per square foot for unimproved land including an adjustment of up to 3% every five years as set out in the lease. The foregoing ordinance was passed and approved on its first reading with the following vote: Adame, Adler, Chesney Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye". ************ MayorAdame referred to Item 26, and a motion was made, seconded and passed to open the public hearing on the following zoning case: Case No. 0810-01, Jobita M. Coronado & Mary G. Dillard: A change of zoning from the "R- IB" One -family Dwelling District to the "B-1" Neighborhood Business District resulting in a change of land use from one -family dwelling use to a neighborhood business use. The property to be rezoned is the Austin Subdivision, Block 3, Lot 17 generally located at 502 Balboa Street at Hidalgo Street, approximately 900 feet south of the intersection of Balboa Street and Baldwin Avenue. 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: 26. ORDINANCE NO. 028779 Amending the Zoning Ordinance, upon application by Jobita M. Coronado & Mary G. Dillard, by changing the Zoning Map in reference to Austin Subdivision, Block 3, Lot 17, from "R-1 B" One -family Dwelling District to "R-1 BISP" One -family Dwelling District with a Special Permit, subject to seven (7) 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, Martinez, and Scott, voting "Aye". MayorAdame referred to Item 27, and a motion was made, seconded and passed to open the public hearing on the following zoning case: Case No. 0810-02, AN Corpus Christi Chevrolet, LP: A change of zoning from the "R -1B" One -family Dwelling District to the "B-3" Business District resulting in a change of land use from one -family dwelling to business use. The property to be rezoned is 6.87 acres out of Woodlawn Estates Subdivision, Block 1, Lots 1 and 2, and Flour Bluff and Encinal Farm and Garden Tracts, Section 18, Lots 3 and 4, approximately 1,300 feet northwest of the intersection of McArdle Road and Nile Drive. Minutes — Regular Council Meeting September 14, 2010 — Page 11 Assistant Director of Development Services Faryce Goode -Macon referred to a powerpoint presentation including an aerial view; the existing land use map; the future land use map; the oblique view of the subject property; the "R -1B" and "B-3" allowable uses; photos of the subject property; and the site plan. Ms. Macon stated that staff recommended approval of the applicant's request for the "B-3" General Business District and the Planning Commission recommended denial of the "B-3" General Business District and in lieu thereof, approval of the "R-1B/SP" One -family Dwelling District with a Special Permit and ten (10) conditions. Ms. Macon reported that staff worked with the Planning Commission to develop the conditions for the Special Permit. MayorAdame called for comments from the audience. Michael Child, Auto Nation, provided a background on the sales tax and job retention provided by Auto Nation Champion and stated that the company needs access from McArdle Road for the expansion of the business. Mr. Child said the plan for the property includes fencing and landscaping. Mr. Child requested that the business be allowed one drive way access from McArdle Road as far away from the school area as possible. Steve Chapman, General Manager of Champion Honda, explained that there are no structures associated with the zoning change and the company is requesting support of the zoning changes with egress off McArdle in front of Clarion Drive. Mr. Chapman also reported that currently there is a car dealership in the City with egress to Trojan Drive in front of a school. Joel Bocanegra, Finance Director of Champion Honda and resident of Pharaoh Drive, asked the Council for consideration of access to McArdle Road for the business. Will Schnier, representative for the applicant and civil engineerforthe project, stated that the applicant worked very closely with staff to proactively come up with the eight (8) conditions to be sensitive to the concerns of the neighborhood and enhance the proposal. Mr. Schnier stated that the key aspects of the proposal include: 1) no proposed any building, lighting, or sound devices in the area, 2) the proposal offers proposed landscaping, privacy screening fences, and no paving within 25 feet, and 3) the parcel shown is shown to be commercial in future land use map and comprehensive map. Mr. Schnier explained that the Planning Commission is recommending prohibiting access to McArdle Road and the applicant would like the Council's consideration to allow at lease one drive way to McArdle Road for the success of the business and the convenience of the customers and an extended Special Permit period. Mr. Schnier also responded to questions regarding the drainage; the storm water detention pond; traffic concerns, and the site plan. Stephen Chapman, 1101 Clarion, spoke in opposition to allowing access from McArdle Road because the property is in proximity to an elementary and middle school; traffic concerns; and to preserve the character of the neighborhood as residential. Mr. Chapman expressed concern that the property owner is requesting "B-3" zoning to sell the property. Mr. Chapman reiterated that he supported the Special Permit but not the "B-3" zoning. Mr. Chapman presented pictures showing that the property has access to McArdle Road through Daly Drive. Laura Chapman, 11301 Clarion Drive, stated that a traffic study has been done for Clarion Drive that allowed for two speed bumps on the street. Ms. Chapman is concerned about the affect the additional traffic will have on the children in the neighborhood. Sandra Perez, 1302 Aswan, expressed concern regarding the traffic; drainage problems; and the detention pond attracting additional mosquitoes. The following topics pertaining to this item were discussed: the current zoning of the property; whether there is currently access from McArdle Road and Daly Drive; the number of driveway cuts allowed in the "B-3" and "R -1B" zoning; staff's recommendation and the development of the special permit; drainage concerns; the storm water flow for the area; whether the applicant has met with the neighborhood; ingress and egress on McArdle Road with large vehicles; traffic concerns with the expansion of Texas A & M University—Corpus Christi; the site plan; the request to by the applicant for the Council to consider the one access at Clarion Drive; and consideration of a condition that no large commercial truck be allowed access to McArdle Road. Minutes — Regular Council Meeting September 14, 2010 — Page 12 Council Member Martinez made a motion to support Planning Commission's recommendation. The motion was seconded by Ms. Adler. City Secretary Chapa polled the Council for their votes as follows: The motion failed with the following vote: Adler, Leal, and Martinez, voting "Aye"; Adame, Chesney, Elizondo, Kieschnick, Marez, and Scott, voting "No". Mr. Kieschnick made a motion to amend the Planning Commission's recommendation to allow for one access point at Clarion Drive with a height bar of 13 -feet. The motion was seconded by Mr. Chesney. The motion was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Marez, and Scott, voting "Aye"; Leal and Martinez, voting "No". Mr. Elizondo made a motion to close the public hearing, seconded by Mr. Kieschnick , and passed. Mr. Chapa polled the Council for their votes as follows: 27. ORDINANCE NO. 028780 Amending the Zoning Ordinance, upon application by AN Corpus Christi Chevrolet, LP, by changing the Zoning Map in reference to 6.87 acres out of Woodlawn Estates, Block 1, Lots 1 and 2, and Flour Bluff and Encinal Farm and Garden Tracts, Section 18, Lots 3 and 4, from "R -1B" One -family Dwelling District to "R1-B/SP" One -family Dwelling District with a Special Permit, subject to a Site Plan and ten (10) 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 as amended with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye". ************* Mayor Adame called for petitions from the audience. J.E. O'Brien, 4130 Pompano, spoke regarding the capital improvement program and suggested that the Council consider selling the Garwood Water rights and selling the Gas Department. John Kelley, 413 Waco, spoke regarding the developer trust funds and urged the Council to not create a separate fund for redevelopment. David Loeb, 522 Hancock, spoke in support of staffs recommendation on the developer trust funds and encourage the Council to consider more options to improve the community. Foster Edwards, CEO of the Corpus Christi Chamber of Commerce, spoke regarding Conquer the Coast on September 24th and 25'n and the Secretary of the Army "Salute to the Military" dinner on November 9'h; and invited the Council to the trip to Oklahoma City on October 51h and 6th to see what has been done to revitalize downtown area. ************* Mayor Adame referred to Item 28, and a motion was made, seconded and passed to open the public hearing on the following zoning case: Case No. 0810-03, Fabian Molina Family, Ltd.: A change of zoning from the "B-4" General Business District to the "1-2" Light Industrial District resulting in a change of land use from a general business to a light industrial use. The property to be rezoned is 0.977 acres out of Minutes — Regular Council Meeting September 14, 2010 — Page 13 Saratoga Weber Plaza Subdivision, Block 7, Lot 14, located at 3814 Acushnet Drive, approximately 975 feet northwest of the intersection of Acushnet Drive and Weber Road. No one appeared in opposition to the zoning change. Mr. Marez made a motion to close the public hearing, seconded by Mr. Scott, and passed. Mr. Chapa polled the Council for their votes as fol lows: 28. ORDINANCE NO. 028781 Amending the Zoning Ordinance, upon application by Fabian Molina Family LTD, by changing the Zoning Map in reference to 0.977 acres out of Saratoga Weber Plaza Subdivision, Block 7, Lot 14, from "B-4" Genera! Business District to "1-2" Light Industrial 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, Leal, Marez, and Scott, voting "Aye"; Kieschnick and Martinez were absent. * * * * * * * * * * * * * Mayor Adame opened discussion on Item 29 regarding the retirement and contract amendment for City Manager Escobar. City Attorney Valdez explained that City Manager Escobar has announced his retirement effective January 41h and stated that this item is a proposed amendment to the City Manager's employment conditions. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 29. MOTION NO. 2010-217 Motion to agree to the retirement and approve an amendment to the employment conditions and salary for City Manager 'Angel R. Escobar. The foregoing motion was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye; Chesney was absent. (Note: Mr. Kieschnick was absent during the vote on this item and there was a general consensus of the Council to accept his vote.) Mayor Adame opened discussion on Item 30 regarding the discussion and consideration of recruitment and selection process for a new City Manager. Assistant Director of Human Resources Joan McKaughan explained that this item is to provide the Council with information on executive search firms to go forward with the selection of a new City Manager. Ms. McKaughan provided the Council with a binder that consisted of the following information: a draft position profile for the City Manager search in 2008 and the agenda item; a list of executive search firms provided by the Municipal Human Resources Managers Group, the Texas Municipal League and govtjobs.com on executive search firms; the seven (7) executive search firms that the City contacted; a list of the proposals received and costs; a sample of the professional services agreement; and the proposals from Affion Public, Bob Murray & Associates, Johnson & Associates, Slavin Management Consultants, Strategic Government Consultants, The Mercer Group, Inc. and Waters-Oldani Executive Recruitment. Minutes — Regular Council Meeting September 14, 2010 — Page 14 The following topics pertaining to this item were discussed: the position that Affion Public filled in the City; Slavin's experience including that more than 95% of placements have remained at their clients' position for more than five years; the triple guarantee by Waters-Oldani; anticipated salary ranges; and staff's recommendations. Ms. McKaughan stated that after reviewing the proposals, staff recommended consideration of Affion, Strategic Government Consultants, and Waters-Oldani Executive Recruitment. Council Member Marez provided information on the City of Aurora, Colorado and an interactive feature on the website allowing public involvement in the process for selecting the City Manager. Mr. Marez supported a similar concept to allow for public input. Council Member Scott spoke regarding verifying the market pay range and providing a recommendation to the Mayor within the next two weeks. Council Member Elizondo stated that it was important to do this process right and not too quickly and would like to involve the business community, general public and other governmental agencies in the process. Council Member Kieschnick stated that the process of selecting a search partner is just as critical as selecting the City Manager and recommended bringing back this item in two weeks. Mr. Kieschnick also suggested broadening the focus to other sources including national cities comparable to our size. Council Member Martinez said the Council should take the necessary time to find an executive search firm and focus on the competitive salary and public input process. Council Member Leal asked staff questions regarding the recommendation of Waters-Oldani and Affion and spoke regarding public input. Council Member Adler stated that she was excited about the process and thanked staff for their work. Mayor Adame thanked staff for their work and City Manager Escobar for helping the Council transition into this process. Mayor Adame stated that it was important to provide an appropriate pay scale and include the community in the process. After input from the Council, City Secretary Chapa stated that staff would place an item on the agenda next week to narrow down the selection of the executive firm. Council Member Kieschnick asked the Council to accept his vote of "Aye" for Item 29 regarding accepting the resignation of the City Manager and the amendment to his employment contract. Mayor Adame opened discussion on Item 31 regarding the Passenger Facility Charge. Director of Aviation Fred Segundo explained that this item is an appropriation of $1,950,752 from the unreserved fund balance for the purpose of funding the local match for funding the rehabilitation of the federal inspection services area and to pay off debt service for Airport 2000A and 2000B series bonds. Mr. Segundo referred to a powerpoint presentation on the Passenger Facility Charge (PFC) including a historical timeline; the annual collections; and the authorized uses. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 31.a. ORDINANCE NO. 028782 Ordinance appropriating $1,950,752 from the unreserved fund balance in Passenger Facility Charge Fund No. 4621 and retaining $700,000 to fund Terminal Building Reconstruction improvements, transferring $893,910 into the Airport 2000A Debt Service Fund No. 4640 and transferring $356,842 into the Airport 2000B Debt Service Fund No. 4641 for Debt Service on Airport Improvements; changing the FY2009-2010 Capital Budget adopted by Ordinance No. 028449 to increase appropriations by $1,950,752. Minutes — Regular Council Meeting September 14, 2010 — Page 15 An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye"; Chesney was absent. 31.b. ORDINANCE NO. 028783 Ordinance changing the FY 2010-2011 Operating Budget adopted by Ordinance No. 028683 by increasing revenues and expenditures by $1,500 in Airport 2000A Debt Service Fund 4640 and by $1,500 in Airport 20006 Debt Service Fund 4641, to be used for paying agent and other fiscal fees. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye"; Chesney was absent. Mayor Adame opened discussion on Item 33 regarding the issue of flexible permits for the local refinery industry. Director of Intergovernmental Relations Rudy Garza explained that this item is being brought forward at the request of Council members and stated that the resolution is regarding the dispute between the U.S. Environmental Protection Agency (EPA) and the Texas Commission on Environmental Quality (TCEQ) on flexible permits. Mr. Garza provided a background on the timeline of action taken by the TCEQ and EPA on the flexible permitting issues. In response to Council Member Marez, Mr. Garza stated that the only local facilities affected are Valero and Flint Hills. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 33. RESOLUTION NO. 028784 Resolution urging the U.S. Environmental Protection Agency and the Texas Commission on Environmental Quality to reach a compromise on the issue of flexible permits in a manner that provides regulatory certainty to our local refining industry in the interest of protecting health and safety, jobs, and future investment in our community. The foregoing resolution was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye"; Chesney was absent. Mayor Adame opened discussion on Item 34 regarding Yorktown Boulevard — Staples to Cimarron. Director of Engineering Services Pete Anaya explained that Council authorized a construction materials testing contract with Arias & Associates on June 8, 2010 contingent upon requirement that a professional engineer reside in a local office and having the local office accredited. Mr. Anaya added that the agreement was never executed pending the fulfillment of those requirements. Mr. Anaya stated that the company has reported that they cannot fulfill those obligations and staff is requesting that Council rescind the authority to contract with Arias & Association and authorize the contract to Rock Engineering. Curtis Rock , Rock Engineering, was available to respond to questions. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: Minutes — Regular Council Meeting September 14, 2010 -- Page 16 34.a. MOTION NO. 2010-218 Motion rescinding the authority previously granted by Motion No. 2010-129 passed by Council on June 8, 2010, which gave the City Manager or his designee the authority to execute an Agreement for Construction Materials Testing and Engineering Services with Arias & Associates, Inc. of Corpus Christi, Texas in the amount of $71,383 for Yorktown Boulevard — Staples to Cimarron. (BOND ISSUE 2008) The foregoing motion was passed and approved with the following vote: Adame, Adler, Elizondo, Leal, Martinez, and Scott, voting "Aye"; Chesney, Kieschnick, and Marez, were absent. 34.b. MOTION NO. 2010-219 Motion authorizing the City Manager or his designee to execute an Agreement for Construction Materials Testing and Engineering Services with Rock Engineering and Testing Laboratory, Inc. of Corpus Christi, Texas in the amount of $48,000 for Yorktown Boulevard — Staples to Cimarron. (BOND ISSUE 2008) The foregoing motion was passed and approved with the following vote: Adame, Adler, Elizondo, Leal, Martinez, and Scott, voting "Aye"; Chesney, Kieschnick, and Marez, were absent. 34.c. MOTION NO. 2010-220 Motion authorizing the City Manager or his designee to execute an Agreement for Construction Materials Testing and Engineering Services with Rock Engineering and Testing Laboratory, Inc. of Corpus Christi, Texas in the amount of $32,876 for Buckingham Estates Force Main and Oso Plant Effluent Line. (CIP FY 2010) The foregoing motion was passed and approved with the following vote: Adame, Adler, Elizondo, Leal, Martinez, and Scott, voting "Aye"; Chesney, Kieschnick, and Marez, were absent. ************* Mayor Adame referred to Item 35 regarding the developer trust fund issues. Assistant City Manager Johnny Perales referred to a powerpoint presentation including trust fund balances; the methodology for evaluating proposed trust fund revenue structure; history of the revenue to expenditure comparison for the trust funds; wastewater fund inter -fund transfers; the impact of the inter -fund transfers; solutions recommend to increase wastewater trust fund viability; revenue sources for the wastewater trust fund; revenue components of the combined wastewater funds; existing apportionment of revenues for wastewater trust funds; proposed re -apportionment of revenues (connection surcharge fees) for wastewater trust funds; wastewater collection line trust fund activity before and after connection surcharge re -apportionment; wastewater trunk line trust fund before connection surcharge re -apportionment; proposed revenue enhancements for the wastewater trunk line trust fund; density factors; wastewater trunk line trust fund before and after connection surcharge re -apportionment; wastewater trunk line trust fund with density factor applied to historical activity; expansion of concept to water trust funds; water distribution line trust fund activity before and after connection surcharge re -apportionment; water arterial line trust fund activity before and after connection surcharge re -apportionment; water arterial line trust fund with density factor applied; special consideration of re -development needs; and proposed adoption schedule. Minutes — Regular Council Meeting September 14, 2010 — Page 17 The following topics pertaining to this item were discussed: consideration of water distribution fee reduction; the original fee structure not including reimbursement for lift stations; the major lift station projects (Tortuga Dunes and Bahia Vista) that affected the water arterial fund; inter - fund transfers; the recommendation to re -distribute existing fund revenue sources to better align with needs and expenditures; connection surcharge fees; redevelopment fees; whether the utility payment recovery would affect the funds; the process for appropriating and expending the trust funds; infill redevelopment; and having a separate fund for redevelopment. ************* There being no further business to come before the Council, Mayor Adame adjourned the Council meeting at 6:11 p.m. on September 14, 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 September 14, 2010, which were approved by the City Council on September 21, 2010. WITNESSETH MY HAND AND SEAL, on this the 21st day of September, 2010. Armando Chapa City Secretary SEAL