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